Indianapolis Times, Indianapolis, Marion County, 10 April 1937 — Page 9

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FROM INDIANA ERNIE PYLE

EW YORK, April 10.—Darkness was ~ pushing in through the dusty windows of the old Madison Street Court House. Rain fell gloomily onto the drear, ancient, Jewish East Side of New York City. It was after 5 o'clock. A hundred and fifty people sat

waiting in the Court room. By invitation, I sat at the bench for this session of the Jewish Conciliation Court of America. Louis Richman, founder of the Court, sat beside me as narrator and translator. To the right were the three judges. Rabbi Solomon Reichman, young and handsome in a bow tie and black skullcap. Maj. William G. Mack, WPA arbitrator for New York, a distinguishedlooking man in gray. And Jacob Fishman, editor of the Jewish Morning Journal. They sat as arbiters out of public-spiritedness. They got no pay. A clerk called a list of names. There re eight litigants. One was an elderly, baldish m%n, brown and not too clean. One was an elderly woman, very white, very quiet, very neat. The others were men and women in their late 20's and early 30's, moderately well dressed; average New York people.

The six children and the mother were on one side. The father was on the other. The best I could make out was that the whole family had moved out and left him some months ago. They had paid him $6 a week for a while. And now they ‘had stopped. He wanted the court to make them pay it again, and pay much more. I didn’t like the old man. One of the daughters, a girl in glasses who works in an office spoke for the group. She said her father had made life miserable for them for years, ranting and raving around. He proved it by turning and shouting at her, “You're a aril? v

Mr. Pyle

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Started Collecting Rent -

| \HE house was in his name, but they were paying : |"the Home Loan instalments, and the coal bills, and the gas bills. And in addition they did give him $6 a week, until—he started collegting the rent. Seems that part of the house was rented out. So they had stopped the $6. Personally, I didn’t blame them. Alone of all the peopie who appeared before the Court, I had an inward feeling that this girl's story was true. I believe the judges felt it too. Finally, the story was told. The eight stepped down, and the judges argued. They finally arrived at the following decision: “Pay nothing, so long as the old man collects the rent; pay him $8 a week the minute he doesn’t collect the rent.” It seemed to me a fair

decision. The children were satisfied. ” = "

Other Cases Noted

HERE isn’t room to describe the other cases. A man came to collect sick insurance from a benevolent association, and the association said he wasn’t really sick; a. rude-tongued woman, deserted by her husband, came to demand that her father-in-law support her baby; a married daughter tried to make her father lend her $100. ¥ They were all poor. Poverty had made haters of them. They told their stories, and I don't believe a one told the whole truth. The judges delved the fog of hatred and decided as best they could. I left the court with a terribly discouraged feeling. The Conciliation Court is set up on the theory not only of rendering justice, but of smoothing things gver, softening hearts, bringing harmony into clashing lives. Justice the court does render—sometimes. But conciliation? I do not believe there can be conciliation in such matters. You can settle things on the surface. But when a man hates his father enough to bring him into court for a few dollars, and when they stand there seething at each other, full of contempt, you can’t tell me that a few words from a judge will suddenly make them love each other. The Jewish Conciliation Court seems to me a wonderful thing. It does do good, and I can’t praise it too highly. But when it comes to genuine conciliation, I'm afraid it has bit off something that can’t be chewed in this world.

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Mrs.Roosevelf's Day

By ELEANOR ROOSEVELT

EW YORK CITY, Friday.—Last night was a most memorable occasion, the celebration of the 25th anniversary of the establishment of the Children’s Bureau in the Department of Labor. The thing which impressed me most was the fact that farreaching results do come from very small beginnings. Miss Wald, Mrs. Florence Kelley and Julia Lathrop, three people who have counted much in the development of the thought of the nation. Last night, as each individual was introduced, I thought of the organization or organizations he or she represented. In other cases, the trend of thought or mode of life which some individual represented was uppermost in my mind. Our increased sense of social responsibility, if it exists, is due in large part to many of the people who attended the dinner last night or who have. finiShed their work in this world, put were nevertheless remembered by those present last night. 1 : It was a long dinner, but I enjoyed it all. I reached the White House at 11:40 and hurriedly changed and went down to the midnight train for ‘New York. I really feel quite at home in the little room on that train, and even the porter does not ask me anymore at what time I wish to be called. As I got off the train this morning the assistant station manager remarked: “You're an early riser. We have so much trouble getting some people out by a quarter, of eight.” This afternoorr I am going to a performance at the neighborhood playhouse where a young friend, in whom I am interested, is studying. Tonight I attend the' Girl Scout dinner, which is my real reason for coming to New York for this day.

‘New Books

PUBLIC LIBRARY PRESENTS—

RE you hoarding a story or an idea that you want A to turn into a scenario? FOUR-STAR SCRIPTS, by Lorraine Noble (Doubleday, Doran), is a book of selected motion picture scripts, “actual shooting scripts and how they are written.” It may inspire you to action. The short story of action is the form most often adapted by screen writers. The novel usually has too many scenes to include in a picture, and the play too many lines and not enough action. The reading departments of the motion picture studios scan most of the short stories published for material. Two of these four scripts, “Lady for a; Day,” and «It Happened One Night,” were originally short stories in Cosmopolitan Magazine. | The other two, “Little Women” and “The Story of Louis Pasteur,” are outstanding examples of serious themes that lack nothing in entertainment value or box office appeal. Since the camera must be constantly kept in mind while writing for the screen, a glossary of directors’ terms is included. . . & ws | ARLIAMENT knew him as a powerful man to be feared, and his own people worshiped him as the «uncrowned king” of Ireland. This dramatic biography, PARNELL, by Joan Haslip (Stokes), is a sincere and unprejudiced account of the great Irish leader. He was a strange, handsome man, dynamic in his fight

in whose minds the idea germinated, were

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The Indianapolis Times

Second Section

SATURDAY, APRIL 10, 1937

Entered as Second-Class Matter Indianapolis,

at Postoffice,

STORMS OVER THE INDIANA COURT

Governor . Whitcomb’s action and other “political” appointments resulted in heated debates for the election of justices at the 1850 Constitutional Convention. Daniel Kelso, a delegate, charged: “Those who are to decide upon questions of life and liberty, reputation and property, will be composed of. better poli- . ticians than lawyers; your judicial benches will be filled with a set, of babbling politicians who are not fit for judges and never will be, yet I believe the majority of the people are in favor of election of judges by the people.” When the Supreme Court of the new state was established in 1817, justices were appointed by the Governor subject .to the approval of the Senate. 8 ” n

HE Court met twice yearly in Corydon and had authority to impanel juries to hear evidence The three justices were named for seven-year terms because the pioneer lawmakers were opposed to a life tenure. Beginning in 1831, the Court met in a small consultation room in the Governor's mansion on the Circle at Indianapolis. : The first Supreme Court in Indiana, the Northwest Territory General Court, was a Federal judiciary sitting in Vincennes with broad powers over lower courts and territorial officials. The Court could issue various writs and investigate and punsh corruption of local officials. Governor Ray was the first state executive to war against the court. He replaced two justices with men more politically favorable to him in 1831. The early justices sometimes were men of action. Two of them were fined once for brawling in courtrooms. Another justice prevented a lynching by warning a sheriff he would hold him accountable on his bond for the safety of a Negro prisoner. The Constitutional Convention of 1850 increased the number of justices to three and fixed the yearly salary at $1200. The prestige of the court was damaged, according to historians, when 4t ruled the local option law of 1853, the prohibition law of 1855. and the first public school law unconstitutional.

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S President Roosevelt proposes today, the Legislature increased the number of justices in 1872 by fixing the number at five. As the judiciary was recovering from the public opinion of some of its new rulings, a fresh scandal developed.

HE Indiana Supreme Court, liké the United States Supreme Court today, was once the storm center of political arguments brought before the people. President Roosevelt's plan to give the judiciary “new. blood” is not new to Indiana, for in 1846 Governor Whitcomb, a Democrat, changed the complexion of the State Court by appointing new justices, one of them 35. Accused’ of playing politics with the high tribunal Governor Whitcomb said the justices were too old and that the Court dockets were far behind.

the justices of furnishing their rooms at the State Capitol with furniture purchased with public funds. An investigation was launched, and one justice resigned. The Court was in troubled waters again when it ruled that a constitutional amendment must be voted for by the majority of the voters who balloted in the election. This ruling of 1879 was reversed by a decision of the present Supreme Court. In 1889, the Court invalidated two acts concerning city government, acts for the appointment of a State Geologist and a State Statistician, a meat inspection law and a registration law. ne on

HE year before the Demo- ; cratic state platform stormed "against the Supreme Court, stating: “We appeal from the decision to the people of Indiana, and we demand a verdict against William A. Woods (a justice) and the miscreants whom he saved from punishment. - . Judges Coffey, Berkshire and Olds, Republican members of the Supreme Court, deserve the contempt of the people of Indiana for their action in overturning the settled construction of the Constitution, reversing all legal precedents and contradicting their own ruling for the sake of a few petty officers and at the dictation of unscrupulous tricksters.” Two of the most important issues facing the early Supreme Courts were moral—lotteries and slavery. Vincennes University, authorized by an act of 1807 to operate a lottery, appealed an act of 1932 holding all lotteries illegal. The Supreme Court upheld the later act. Justice Scott ruled in 1820: «Slavery can have no existence in Indiana,” in the case of a Mr. Laselle who bought his slave Polly from the Indians before the United States allegedly had any jurisdiction .in purchases with Indians. The Knox County Circuit Court had awarded the slave to Laselle.

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r the case of a slave who had entered into an indenture in 1816, Justice Holman ruled in 1821, “The fact then is that the appellant is in a state of involuntary servitude and we are bound by the Constitution, the supreme law of the land, to discharge her thereon.” The Court struck out the provision of the local option law of 1855 giving local communities the right to vote on whether liquor should be sold. Judge Stuart held that such a

The Republicans in 1876 accused

ASHINGTON, April 10.— Those who fear that regimentation and dictatorship -are just around the corner can take comfort in one small but revealing matter which shows how the Social Security Board is resisting such tendencies. Toward the end of the Presidential campaign, the report spread throughout the country that social security was to be the ironic vehicle for the first wholesale piece of cruel regimentation. As soon as the election was over and it could be safely ordered, American citizens coming under the Social Security Act would. be eompelled to wear metal identification badges, like dog tags, on chains around their necks. John Hamilton, Republican National Chairman, horrified a Boston audience by displaying one of these metal tags with chain. Each American citizen was to be numbered. That was what would happen if Dictator Roosevelt was re-elected. E- ” 2 ICTATOR ROOSEVELT was re-elected but his Social Security Board must have cold feet

Clapper Explains Reason For Social Security Cards

By RAYMOND CLAPPER

Times Special Writer .

because five months have gone by and they haven't ordered us to wear our dog tags yet.

On the contrary, the board has leaned backward to avoid even the suspicion of hanging metal tags upon the prospective recipients of its old age benefits. The account number identifications were stamped not upon dog tags with chains but upon small paper cards about the size of a calling card. _ The cards are unsatisfactory because they become torn or worn out. Metal or fiber tags would be more practical because they are less destructible. Stores are selling them. Numerous efforts have been made by manufacturers of these tags— presumably rugged individualists— to induce the Social Security Board to approve them, to establish some official size and style. But the Social Security Board refuses to be a party even to that mild degree of regimentation and won't make any such indorsement. Employees who want to regiment’ themselves voluntarily may however buy any kind of a tag from tin to solid gold and as large as a sign board.

CHINA CLAY FOUND

Chief Justice George L. Tremain,

Tribunal Frequently Was Target for Attacks, History Shows

(First of a Series)

Three of Indiana’s present Supreme Court justices—left to right, Curtis Roll, James P. Hughes and

practice would “subvert representative government” and lead to a pure democracy as once flourished in Athens, Greece. Local communities were not entitled to vote on legislative questions, the Court ruled. In 1858, the Supreme Court struck again at liquor control by outlawing the Prohibition Act.

When the 1911 Legislature passed a bill virtually changing the . Constitution by offering 23 amendments, the Court ruled: “The constitutional and legislative history of the State bears the strongest witness against the contention that the general grant of legislative authority carries the power to formulate and submit at will fundamental law to the people.” : = 2 2

HAT Court, according to historians, was opposed to what politicians today have called “tinkering -with the Constitution.” The Court was so far behind in its’ cases, that an act of 1881 provided that the Court appoint five commisisoners to aid it. The commissioners wrote opinions, which the Court then voted on. The act expired in 1885 and was not renewed.

The Court fell behind again, however, in 1889, and the Legislature passed a law giving it power to name five commisisoners. The Court resented the proposal that the Legislature name its commissioners and declared the law unconstitutional. An Appellate Court was created in 1891 in order to facilitate appeals,

NEXT: Some historic decisions of the Indiana tribunal.

HEARD IN CONGRESS

tary standpoint and more advantageous from many others.

Rep. Wearin (D. Ia.)—I continue to be of the opinion that the United States Capital ought to be moved to. the center of the United States, where it would be safer from a mili-

| tually recover on a much larger stale

Price-Fixing of Durable

Goods Attacked by Flynn

By JOHN T. FYLNN .

EW YORK, April 10. — The; President’s plan to check the rise of prices in the metal and related industries has caused some criticism in business circles. Oddly, business circles criticize him when he proposes to spend money ;they criticize him when he now proposes to stop it. The criticisms of his statement have been unfair. But some parts of his plan call for explanation. Yesterday I tried to explain in simple terms the principle behind the durable goods theory of recovery. The theory is that normal recovery in the capitalist system begins with stimulation of the industries which operate on long-term credit. Therefore those parts of the durable goods industries which operate on long-term credit must revive in order to produce normal recovery. Apparently the President was not clear about this theory, for he spoke of the durable goods industry having now revived even more than the consumers’ goods industry. Of course this simply is not true. But if we look at those portions which are important to general recovery— the durable goods industries which operate on long-term credit—they have scarcely recovered at all or at least only moderately. Certain durable goods industries have recovered, but not the most important ones; not the ones whose rise is connected with this theory. For instance, the most important is the great construction industry which still lags behind very sadly. : The President therefore made a serious blunder when he intimated that the Government ought now take some step to check the rise of the durable goods industries, because until those industries do ac-

Times Special Writer

Governmeht spending will have to go forward.

2 ”n 8 HE President, however, was right in saying that prices of commodities used in the durable goods industries have risen too swiftly and too far. And he is also right in saying that the Government ought to stop putting its funds into those construction material industries while the price rise continues, because the Government spending there does add something to the force which raises the price. But the real reason for the price rise is not wholly the Government demand. It is first of all the vicious practice of price-fixing, direct or indirect; price agreements; the complete absence of competition. This is an old sin, but it has become more serious lately because since the NRA, industries have felt free ic engage in the practice with impunity. It is a naive notion that pricefixing occurs only where men actually come together and agree specifically on prices. It can be done

in many ways and can be done in-.|-

directly. The President encouraged this thing. Producers were brought to Washington and in some cases almost forced to abandon competitive practices. Trade agreements became the order—almost the religion of the day. - And there is still talk of .price-fixing, price agreements, trade practice agreements, noncompetitive pacts. The best thing the President could do to end this indefensible priceboosting would be to crack down on these trades under the antitrust and Clayton acts. And if he wants to withdraw Government orders to take the pressure off price boosts in the metal industries, the best thing he can do is to cut down his vast naval and army building and armament program.

UNREGULATED CAPITALISM ENEMY OF DEMOCRACY, BEARD DECLARES

By MAX STERN Times Special Writer ASHINGTON, April 10.—Capitalism, raw and unregulated and fighting against all change, is as much an enemy of democracy as is despotism, Dr. Charles A. Beard told an audience gathered here to pay tribute to the late Senator Cutting. The historian asserted that while the rise of capitalism coincided roughly with the rise of democracy, capitalism did not originate the democratic idea. Throughout history, he said, spokesmen for wealth like Daniel Webster and Lord Macaulay have “warned their class that democracy was incompatible with the prevailing concentration of wealth.” And——

“At this very hour in the United States it is the spokesman of democracy, not the spokesman of capitalism, who inquire into the present concentration of wealth, demand security for all, enact social legisiation, seek to prevent additional concentration of capitalist power,}and strive to effect a more equitable distribution of wealth. : “To be sure, enlightened capitalists recognize the justice and necessity of such demands, but the center of gravity of capitalism is not on the side of fhis emphasis in contemporary democracy. It is democracy that now tears the mask of economic theory and legal fiction from the face of historic capitalism and proposes to state the terms on which it may continue to exist and operate. The resolve of democracy to do this is largely responsible for the tensions of the time, for the criticism of democracy in - respectable circles and the demand that Fascist dictatorship be substituted.”

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civilization, because it protects the principle and processes of change. Autocracies, he said, carry within them germs of self-destruction. “Neither Hitler nor Mussolini nor Stalin is immortal,” he asserted.

R. BEARD held that democracy is the only safe course for a

is only one way a despotism can be

| altered; that is by revolution, by the

kind of violence* employed in its establishment. Such government may last many years. Cromwell created one; it passed. Napoleon I established one; it passed. Napoleon III established one; it passed, Diaz established one; it lasted longer than Napoleon I's; but it, too, passed. ‘ |

“It may be that none of us. here will live to see the passing of the

new dictators for their brief period on the earthly stage. But history is merciless. The more they strut, the more they proclaim the eternity of their systems, the more certain we may be of their decay and doom. If there is not a Brutus for every Caesar, there is an old man lying in wait for him.”

INDIAN RUBBER’ MATS

Science Service Photo.

PAGE 9

Ind.

Our Town

SUPPOSE. any exhibition covering as much territory as Sally Rand’s did - would have to be called a major event, but it seemed to me at best little more than a good try and a step in the right direc-

tion. That goes for Gypsy Rose Lee, too. Basically, both shows were sound enough, I .guess. After that, the less said the better, because of all the art forms that have come down to us, I think the burlesque business shows the = least progress, and the least inclination to do anything about it. In proof of which I cite the old Empire Theater at the corner of Delaware and Wabash Sts., which certainly had as much to offer as anything parading as burlesque today. The old Empire got off to a good start on Labor Day, 1892, and lasted until the movie business wormed its way to the surface. At the start, it was a brand new building erected by Heuck’s Opera Company of Cincinnati at a cost of $70,000, every penny of which was spent to picture pulchritude. Oscar Cobb of Cincinnati was the architect, and Jungclaus & Schumacher, the contractors. It was a very pretty job

Mr. Scherrer

* when they handed it over.

The Empire had a seating capacity of 2100, I remember, or about 17,000 a week, counting in the matinees, which gave every Indianapolis male over 18 at the time a chance to see the show before the next one came along. For some reason, the manage= ment. never counted on women custome@rs. The stage was 35 feet deep and 85 feet wide, which was just right to accommodate a chorus of two dozen girls. Like as not, the girls would appear in “tights,” a quaint colloquialism used at the time to define a skin-tight fleshing covering the wearer from the waist down. . You don't see them any more except in the opera and Shakespearean plays which, more or less, keep going the way they used to.

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Girls Were Heflties HE Empire girls were better looking, too, than we see nowadays. At any rate, they were heftier, and it’s something worth pointing out, because if there is any one thing that has changed more than anything else in the burlesque business, it is the matter of avoirdupois. I know whereof I speak, because I remember that when Billy Watson’s Beef Trust came to the Empire, the S. R. Q. sign was always out. The chorus of Billy Watson's Beef Trust, I guess weighed considerably over two (2) tons which, distributed, means that there wasn’t a lady among them who weighed less than 175 pounds. The two at the ends of the front row I know weighed over 200 pounds apiece. It works out about 44 inches around the hip.

‘ = s ” ‘ Looked Even Bigger : y

ELIEVE it or not, the ladies looked even bigger, because Mr. Watson was slick enough to put them in red and purple tights. I always regretted that Mr. Watson resorted to tricks like that, because that's how Mr. Ziegfeld learned to make his girls look slim by putting them in white or flesh-colored tights. : After that, of course, it was just a step to put the girls on the stage without any covering at all. Whigh brings us to where burlesque is today. :

A Woman's View

By MRS. WALTER FERGUSON

N her recent speaking. tour through the Middle West the First Lady presented some excellent argue ments on the side of the working wife. And since the subject is always in the forefront of the public mind perhaps a resume of her ideas would be timely. Here are a few of them, abbreviated: “Everyone regardless of wealth or station should cultivate the habit of work.

“Even though the necessity for earning a living is not present, defihite skill at doing some one thing well is a valuable asset because it adds to the indi: vidual’s enjoyment of life. “There is still so much work to be done in our world that no one can afford to be idle. “We do not solve our problems by ceasing to work, “Girls should be taught to ‘pull their own weight.’ “We should never say that a husband provides a good home for his wife, for if ‘she doesn’t spend wisely or produce a certain amount of necessary items for the home, she is a waster and a parasite, and doesn’t deserve such provision. “Marriage is a job just like anything else and cannot be made a success without work.” : In these opinions Mrs. Roosevelt establishes here self as a modern and a liberal. It is folly indeed to argue that one group of citi zens should exist in complete idleness living off the labor of another group, even though nobody but husbands comprise the latter group. But that is pre=

‘cisely what we are trying to force certain married

women to do these days. . Isn’t the middle-aged clubwoman, forced into pre= mature idleness by circumstances, proof of how dese perate is the desire for occupation among well-to-do women? By creating such employment for herself and her kind, she is practicing the art of self-presere

Your Health

By DR. MORRIS FISHBEIN Editor, American Medical Assn. Journal HEN air is breathed into the body through the nose and mouth, it passes by way of the larynx to.the tube known as the trachea, and from the trae chea into the bronchial tubes. The bronchial tubes

lead directly into the tissue of the lungs.

When we breathe, we take in_oxygen, a gas used by the body cells for carrying on their reaction. The blood, constantly returned to the lungs from the most remote parts of the body, carries the oxygen to the tissues and also helps to remove the waste gas, known

"as carbon dioxide. As the carbon dioxide is released,

new ‘oxygen is taken in. : ;

The lungs include innumerable little air sacs which are connected, by means of tubes, with larger tubes, these in turn going into the bronchial tubes. The motions involved in breathing include cone tractions of the diaphragm and the chest muscles, The diaphragm is a large, muscular organ which di= vides the basket of ribs enclosing the chest from the abdominal cavity. Actually, air is not really sucked into the lungs. When the diaphragm and the chest muscles contract, the size of the thorax is increased. This lewers the pressure of air inside the lungs and the air from out side naturally passes in. The reverse of this process takes place when air is breathed out. It should be obvious from this description that serious interference with breathing may result from any condition which paralyzes the muscles of breathe ing, including the diaphragm or the chest muscles. This may ocqur, for example, in a condition such as infantile paralysis or diphtheria. There may also be conditions in which weak spots

develop in the diaphragm, so that organs from the abdominal cavity intrude on the lungs. In other cases, such as a pneumonia complication, infectious material may get between the lungs-.of the chest wall and the diaphragm, and cause serious symptoms. Once it was considered exceedingly dangerous for a surgeon to work inside the chest. With the advance in modern surgery, it has become possible to undertake all sorts of surgical procedures, including even the romoval of an entire lung because of the presence of cancer or because the tissue has been destroyed by some infection.

against Gladstone for “Home Rule.” The author pictures with reality the economic conditions existing both in England and Ireland during this turbulent eriod. : P Parnell, at the height of his political career, fell passionately in love with Katie O'Shea, who had a husband and several children.: This affair was hushed for nine years, but when the scandal broke over the most beloved and hated man in Europe, his life work was ruined. Idolized by the people to whose

“No government is fire-proof against change. If confirmation is sought, look at the wrecks of states, empires, kingdoms, principalities, dictatorships scattered along the path of more than 70 centuries. Those who do not bend, adjust or adapt surely perish. : “All despotisms, under whatever name they masquerade, are efforts

«Indian rubber” mats—to coin a name for them—are a new lobby decoration feature, designed for the big new building of the Depart-' ment of the Interior at Washington. Secretary Harold Ickes chose nine Indian ruk designs, by young Indian art students of eight different tribes, for the welcome mats. Some of the patterns are shown above, but instead of the angular designs being woven in wool, Indian fashion, they have been worked out in rubber by a commercial manufacturer. The Indian art designers, all students at Haskell Institute, represent these tribes: Sioux, Blackfeet, Chippewa, Seneca, Cheyenne, Kickapoo, Cherokee, Potawatomi. :

Science Service Photo.

Experiments in the ceramics laboratory of Tennessee Valley Authority have discovered ways to use native American clays in pro- " ducing the finest type of flawless table whiteware. Shown above is struggle for freedomgshe had devoted: his life, he sac- the difference in translucence which heating in an electric kiln can | to freeze history, to stop change, to rificed his cause for the woman he loved. > bring. solidify the human spirit. There