University DAILY KANSAN
STUDENT NEWSPAPER OF THE UNIVERSITY OF KANSAS
Tuesday, December 3, 1946
44th Year No.48
Lawrence, Kansas
Abstract Justice Is Impossible, Rutledge Says
Once Too Often
"I believe in law. At the same time I believe in freedom. They can destroy each other, but one without the other could not last long." Wiley B. Rutledge, United States supreme court justice, said in his opening address of the Judge Nelson T. Stephens lectureship in Fraser theater Monday.
—Daniel Bishop in St. Louis Star-Times
Tenight Justice Rutledge will speak on "The Commerce Clause: A Chapter in Federal Living—The Swinging Pendulum of Power and the Arcs Traversed" at 8 p.m. in Fraser theater.
"I therefore believe in justice," he continued. "Law, freedom, and justice—this trinity is the object of my faith. Lacking one of these components, the resultant scheme could only be anarchy or tyranny, chaos or despotism."
Included in the audience were members of the Kansas State supreme court who heard Justice Rutledge emphasize that in establishing these lectures to' honor her father's memory, Miss Stephens wished to stimulate such independent thought and humane action as characterized her father's life. She asked that the discourses be treated with two large ideas, the essentials of free government and the origin of life in law.
"The problem of justice and law is perpetual," Justice Rutledge stressed. "Because ideals of perfection differ, because no single idea of total perfection can ever be realized, and because to attempt to do this in the form of legal institutions would be only to create the worst tyranny of all, abstract justice is not and cannot become a legal institution."
The Student Union "Surprise" mid-week, the first of a series of three, will be held free from 7:30 to 9 p.m. tomorrow in the Kansas room of the Union.
Surprise Mid-Week Opens New Series
Candidates for "Miss Student Union" will be announced. Balloting will begin with each voter contributing a penny for each vote which he wishes to cast.
WEATHER
Kansas—Fair today and tomorrow; warmer central and east; high in upper 50's. Low tonight near 40.
Change In Parking
Students parking their cars in zones seven or thirteen must park between the small posts erected in those two zones during the Thanksgiving holidays, the University traffic bureau announced today.
The posts in zone seven are painted aluminum. In 13 they are orange. Failure to park between them will result in a ticket for illegal parking.
The K.U. Women's Rifle club will meet in Drill hall in the Military Science building at 7:15 tonight
Miss Sue Jo Barfield, 4-year-old daughter of Mr. and Mrs. Joe Barfield. K.U. students, will be presented as the new club mascot.
To Get New Mascot
Mr. And Mrs. Wilkins In Recital Wednesday
Marie Wilkins, soprano, a member of the Fine Arts voice faculty, and Joseph Wilkins, tenor, head of the voice department, will present a joint faculty recital at 8 p.m. to-morrow in Hoch auditorium.
Mr. and Mrs. Wilkins will be accompanied by Mrs. Winifred Hill Gallup.
Mr. Wilkins began his teaching in the School of Fine Arts in 1935 and his wife joined him on the staff in 1945.
Mrs. Wilkins has sung concerts throughout the United States and Canada. She has been soloist with symphony orchestras in addition to appearing in several operas.
For The Wandering Drama Department
'Juno And The Paycock' Is No.100
Sean O'Casey's "Juno and the Paycock", to be presented for four nights at the University beginning Monday, is the 100th play to be presented since the reorganization of the speech and drama department in 1923.
For five years the plays led a roving existence, there being no established theater for presenting them. The first play, Bernard Shaw's "The Devil's Disciple" was presented at the Bowersock theater, now the Jayhawkier.
After the Bowersock became a movie theater, a temporary stage was set up in Robinson gymnasium. Since the athletic department had the use of the gymnasium until 6 p.m., promptly at 6:01 the stage crew started setting up the stage. This theater was opened by another Shaw play. "The Great Catherine."
During the summer of 1926 Spooner library was remodeled into Spooner-Thayer museum, and a little
theater was fitted up in the basement. Six plays were presented there, but the theater proved completely inadequate. During 1927 plays were given at the Orpheum, which is now the Holyfield Music company, at the Dickinson, which was the new name for the Bowersock, and wherever a stage and auditorium could be found.
The 100 plays given have been of wide range—plays from the Italian (Bracco's "Pantasms" and Benellì's "The Jest"), the French (Brieuxk "False Gods"), the Hungarian (Molnar's "Olympia" and "Lilion"), the Spanish (Sierra Martínez "Cradle Song"), the Russian (Tchekov's "The Boor"), the German ("Close Quarters") as well as dozens of plays from English and American authors
In 1928, the music department of the School of Fine Arts moved out of Fraser hall, and the old chapel was converted into Fraser theater, which has been the home of the Dramatic club and the Kansas players for the past 18 years.
The list includes plays from nearly every well known modern playwright, including Shaw, Galsworthy, and Barrie from England; Anderson, O'Neil, Philip Barry and Kaufman from America; Syngne and O'Casey, from Ireland. The classic also have been presented, from Shakespeare's "Hamlet" and "Macbeth" to Goldsmith's "She Stoops to Conquer."
For a number of years one of the old popular melodramas or "problem plays" of the Victorian period was presented each season. Such plays as "Uclef Tom's Cabin," "East Lynne," "The Ticket-of-Leave Man," and "Bertha, The Sewing Machine Girl" were staged.
During the 23 years, six original full length plays and four original reviews have been staged. For several years the department offered a prize, through the Kansas Authors club, for the best play written by a club member.
Lewis Guilty; U. S. May Ask Huge Fine
Sentence Due Tomorrow; $200,000 A Day Suggested As Penalty For Mine Union
Washington. (UP)—Judge T. Alan Goldsborough today found John L. Lewis guilty of contempt but deferred sentence until tomorrow, when the government is expected to demand imposition of a jail term and a heavy fine.
The government, it was understood, is expected to ask the court to fine
No Comment, Rutledge Says
Judge Wiley B. Rutledge, of the United States Supreme court, learned of the "gulity" decision against John L. Lewis today by a call from the Daily Kansan.
On the campus for a series of three lectures, the justice observed the custom of Supreme court members in having "no comment" on the contempt of court action against the miners' chief.
'Doesn't Hurt Lewis Power'
Two University economists agreed today that the contempt of court ruling by the government today against John L. Lewis hasn't injured the miners leader.
They were Profs. John Ise and Domenico Gagliardo, both of the economics department.
Mr. Ise, commenting that "my crystal ball is made of mud," said "it appears the only way the government can get the miners back into the mines to draft them into the army and that would be bad.
"I don't think the ruling against Lewis has injured his power in any way. However, his actions of the past few weeks undoubtedly have done great damage to the cause of labor, and have encouraged antisrike legislation."
Mr. Gagliardo said "the ruling probably will make the miners more determined than ever.
"Miners strength lies in the great need for coal, especially at this time of year," he went on. "The only way the United States can fight them is take over the mines themselves, by hiring volunteers and promising them protection."
"If in this way enough coal could be mined to meet minimum demands, the miners would see the hopelessness of their case, and probably ask for a compromise."
Cool Head Out
Washington. (UP) — Edward R. Burke, who proposed last week that private mine owners resume negotiations with John L. Lewis, was forced out today as president of the Southern Coal Producers association.
Tickets For Play Will Go On Sale
Tickets for the new Kansas Player's production, Sean O'Cassey's "Juno and the Paycook," will be available for sale or activity ticket exchange beginning Thursday and continuing through the run of the play, the department of speech and drama announced today.
The ticket office, in the basement of Green hall, will be open from 9 a.m. to 4 p.m. daily except Sunday. Students may exchange their activity tickets for reserved seats. The play is scheduled to run for four days beginning Monday.
perhaps as much as $200,000 for each day of the national soft coal strike.
Such a fine would stop whenever Lewis told the miners to go back to work.
Goldsborough accepted all of the government's arguments of fact and law in pronouncing Lewis guilty of contempt. The contemp was for ignoring the court's temporary order of Nov. 18 directing Lewis to call off the strike of 400,000 coal miners.
The strike, now in its 13th day, has slowed down industry, forced the closing of schools in many places, and has thrown more than half a million persons out of work.
The union will appeal the verdict and the sentence when it is imposed. Whether the sentence would be carried out or held in abeyance pending outcome of the appeal apparently was a matter for Judge Goldsborough to decide. Legal opinions and precedents are conflicting on this matter.
The union would initiate its appeal in the court of appeals for the District of Columbia. Either side, however, could then immediately ask the Supreme court to take jurisdiction and hear the case without waiting for it to go through the appeals court.
Immediately after hearing the verdict against him, Lewis went to the bench and accused Judge Goldsborough of violating the miners' constitutional rights.
The barrel-chested mine workers' chief broke a silence he has maintained ever since the government obtained the Nov.18 restraining order.
He accused the judge flatly of violating the constitutional guarantees of free speech, press, and assembly, and the constitutional prohibition of "involuntary servitude."
In a torrent of denunciatory words he inveigled against what he called "a recrudescence of government by injunction."
Lewis read his statement slowly, his voice rising and falling with an almost theatrical quality.
He declared that the miners had quit work because of a labor dispute with the government over terms of the contract under which they have been digging coal since last May 29.
"Your injunction, sir. I respectfully submit, deprives the miners of these constitutional rights," Lewis told the court.
Lewis asserted that the issue in the miners' dispute with the government was "the deadly, brutal, 54-hour work week underground."
He dwelt upon the union's contention, rejected by the judge, that the Nov. 18 court order was illegal under the Norris-Laguardia act limiting use of injunctions in labor disputes.
But though the court had ruled the Norris-Laguardia act did not apply in this case, Lewis asserted that the federal constitution does.
"That constitution," he said, "applies even to the miners."
Judge Goldsborough deferred sen-
tence to himself of counsel for both sides.
He said such a course might "be somewhat unusual," but both the government and defense agreed to it.
The judge set no bail for Lewis when the government agreed that none was necessary.