UNIVERSITY DAILY KANSAN
The Official Student Paper of the University of Kansas
VOLUME XXX
NUMBER 177
LAWRENCE, KANSAS, FRIDAY, MAY 26, 1933
State's Attorney Upholds Frat Tax Cancellation
Charlotte Miller Is Beauty Queen of 1933 Yearbook
Elizabeth Arden, New York Expert, Makes Choice; Camilla Luther Is Second
C
Charlotte Miller, c'unel, was selective beauty queen of the 1933 Jayahawker, it was revealed today when the book is issued. Miss Miller, whose home is in Fort Scott, is a member of Kappa Kappa Gamma.
Ranking both to Miss Miller is Camilla Luther, ed'T3, Kappa Alpha Theta, of Cimarron, Mary Lou Babgy, c'35, of Vinta, and also a member of Kappa Alpha Theta, was third, followed by Margaret Harryman, c'36, of Wichita, a member of Pi Beta Phi Helen Opio, fa'unL, of Great Bend, and a member of Gamma Phi Beta, was fifth, and Elizabeth Humphreys, c'unL, of Hutchinson, a member of Pi Beta Phi, was sixth.
The selections were made by Elizabeth Arden, noted New York beauty expert, from a group of 20 photographs selected by John Berkebile and John Rugh, editor and business manager of the book.
Distribution of the book begin this afternoon at 1 o'clock in the basement of the Memorial Union. Berkebile announced that the receipts for payment for the books must be presented, and that if they had been lost, duplicates could be obtained at the Jayhawker office.
Hold Annual Picnic Indoors
Staff Members of Chemistry and Pharmacy Departments Assemble
The staff members of the chemistry and pharmacy departments of the University assembled with their families last night at the annual picnic. It had been planned to hold the picnic at the home of Professor E. A. White, but on account of rain, necessary to launder 305, the lecture rooms of the Chemistry building.
This picnic ended the Chemistry club programs for the year. The club is largely composed of graduate students in chemistry.
The feature of the occasion was the special quartet composed of Robert Taft, R. Q. Brewster, Lloyd Boughton, and Henry Warner, all professors in the department. George Straton acted as the ceremonies and directed the quartet.
Special guests who attended were: Dean J. G. Brandt and his family; Dean and Mrs. L. D. Havenhill; and Cilia Epstein, former secretary of the chemistry department, who is now professor at Washburn College in Topeka. It was estimated that about 100 attended the affair.
Opera Selection to Be Given
Voice Pupils of Mrs. Monerieff Will Offer Recital Sunday
Advanced pupils in voice from the studio of Alice Monierieff of the Fine Arts faculty will offer a most interesting program on Sunday afternoon at 4 o'clock in the auditorium of the Administration building. Selections from the song cycle, "In a Persian Garden" by Liza Lehmann, based on the "Rubaiyat" of Omar Khayyam, will be given by Blanche Sams, soprano; Mary Roche, controllo; Keith Davis, tenor; and Dale Valtre, baritone.
This interesting cycle is one of the most melodious and dramatic in present day vocal music and contains solo, duet, and quartet numbers of rare beauty.
As the second part of the program, the second act of the opera, "Martha" will be given, with Miss Sams taking the role of Martha, Miss Roche that of Nancy, Mr. Davis that of Lionel, and Mr. Viet that of Plunket.
The stage will be cleared and the act put on in costume and with appropriate
The public is invited to attend
Engineers Visit Topeka
Professor R. W. Warner, R. P. Stringham, and all senior electrical engineering students drove to Topeka this morning on a tour of inspection which was to include the Kansas Electric Power plant at Tecsumsh, the Santa Few shops, and the Capper publications.
CONTRIBUTIONS ARE SOUGHT TO AID VICTIMS OF TORNADO
An appeal for funds to be used in relief work at Liberal has been received by S. B. Braden, chairman of the Douglas County chapter of the American Red Cross, from headquarters in St. Louis.
A sum of $225 is the quota assigned to Douglas county, to assist the town which suffered in the recent tornado. In the past, the county has always responded liberally to appeals of this kind. Contributions to the relief fund may be left at any bank, or at the Journal-World office.
Harold Clark Receives 1933 Phi Sigma Award
Cash Prize Is Presented for Outstanding Research Accomplishment
The Phi Sigma research award for 1933 was presented to Harold F. Clark, assistant instructor of bacteriology, of Lawrence, at the annual award banquet last night. The banquet was held at the First Presbyterian church.
The award is given each year to the student who completes what the award committee considers the outstanding research work completed during the school year. It is a cash award of $60, to students of the biological sciences.
The presentation last night was made by Dr. H. H. Lane, head of the zoology department, who is chairman of the awards committee. The committee is composed of the heads of the departments of anatomy, bacteriology, biology, physiology, pharmacology, philanthropy, neurology, psychology, physiology, zoology and medical sciences.
The prize was given for the first time last year. It was divided equally then between James C. Bates, gr., of Lawrence, assistant instructor of betray, and Jonathan L. Nottingham, gr., of the onutility department.
Carrol Shukerts, gr., of Sedan, was initiated into the organization at the meeting.
Posey Addresses Geology Seminar
Joe Buehler Heads Glee Club
C. J. Posey, associate professor of geology, spoke to the Wednesday meeting of the geology seminar on "The Geography of Europe, and Its Effect Upon the People." The remainder of the meeting was devoted to the reading of published articles.
Joe Buckle, fa'34, was elected president of the Men's Glee club for next year yesterday afternoon. Other officers chosen were: Fred Lapham, c'35, business manager; and Leslie Reed, c'36, librarian.
Landes Collects Material
Dr. K. K. Landes, associate professor of geology and a member of the Kansas Geological survey, spend yesterday in Wyandotte county, collecting materials in connection with the work of the survey.
Greeks Fall to Apply No fraternities or sororites have been before the board of equalization for changes in personal property valuations, according to Earl Black, chairman.
Crooke Fail to Annly
Ponselle to Open Concert Program for 1933-4 Season
Josef Hofmann Is Last of Series, and Will Be Feature for Music Week
Rosa Ponsella, the prima donna soprana of the Metropolitan Opera house has been secured by Dean D. M Swarthaw as the opening attraction for next year's course course. Miss Ponsella will sing on Nov. 6.
A fourth attraction, probably one of the great string quartets of the world, will be brought in, making the Concert Course next season the most outstanding in many years, the Fine Arts office believes. Due to the fact that all University students will have access to the concerts next year on the activity ticket, the number of tickets reserved for faculty and townpeople will be much smaller and limited to a certain section of the Auditorium.
A third attraction will be the recital by Nathan Milstein, probably the greatest sensation in the violin world today. Everywhere he is being hailed as one of the most outstanding virtuosos of the age and has been soloist the past year with all the great symphony orchestras of the country. Milstein will play in Lawrence on the evening of Jan. 24.
Another outstanding attraction will be Josef Hofmann, world-renowned concert pianist, who comes May 7 as part of the annual Music Week festival.
University Traditions and Loyalty Are Featured in 1933 Jayhawker
Architects Plan Banquet
Department Classes Vie for Prize in Ticket Selling Campaign
The 1933 book is much smaller than the seven All-American annuals which have preceded it on the campus, but in quality it is easily the equal of its predecessors. The 1934 content, distinctive in motif and art work, and excellent in workmanship.
Unusual photography contributes much to the general effect of the book. An appealing views section is composed of carefully done and exceedingly interesting shots of campus scenes from unusual angles. Particularly outstanding is a picture of Fraser hall, taken from the east, with the building bathed in the light of a sunrise.
Students have been divided into freshman, sophomore, and junior-senior groups, with the juniors leading the freshmen by more than three to one in the campaign at this time. No tickets have been sold to sophomores early today.
A sprightly rivalry between the ticket sellers of the various classes of the University department of architecture is marking the preliminary pre-emission of a farewell banquet to be held in the Memorial Union Tuesday night. May 30.
Winners of the contest are to be determined on a basis of percentage; each group is allowed to sell only to its members. A 30-minute airplane ride will be the prize awarded one of the winning group to be chosen by a panel of Lillyd Roark, c'36; Frank Slezak, c'35; and Joseph E. Johnson, c'34.
'Loyalty to Kansas' is the theme of the 1933 edition of the Jayhawker, distribution of which began this afternoon. Calling attention to Kansas traditions which have contributed to the spirit of loyalty of the University, John W. Berkebile, the editor-in-chief, has portrayed their influence on the various phases of student life.
Favors for the banquet will be three regular drawing pencils and a portfolio of pen and pencil sketches.
As a prelude to foreign travel this summer, Professor F. J. Moreau, of the School of Law, J. F. Brown, assistant professor of psychology, and Mrs. Brown, and Professor A. M. Sturtevant, of the department of German, have announced application for passports.
Instructors Obtain Passports
The cover, selected by the student body in a poll early in the semester, is a light grey, its single bit of bright color coming in a blue futuristic design of the traditional Mount Oread bird which graces the front of the book. The book's title appears out the book in the border, and in the senior class section on the panels.
Heading each of the six divisions of the book is a two-page water color painting of a typical Kansas scene which pictures a University tradition. Division I, devoted to the administration, shows the Commencement march down the hill to the stadium, with the long line of seniors extending back up the slope to the administration building. Division II, classes, is headed by a painting of the freshman initiation ceremony in the stadium, while the third division, depicting 'Life at the U' is typified by the traditional Doc Yak Hobo Day ceremony on the steps of Green hall.
(Continued on page 5) ___
Division IV, athletics, shows a foot
Campus Is in City Limits
County Board of Commissioners Passe Resolution Yesterday Afternoon
The resolution to include the entire University campus within the city limits was passed yesterday afternoon by the board of county commissioners. The action is final except for formal approval of the resolution and hearing on the resolution.
The resolution as passed establishes a city boundary line that extends west to the West Campus road, north almost to West Eleventh street and thence east to Memorial stadium. The south bounding line is then extended to magnesium towards Sixteenth street. This resolution gives the entire campus city police and fire protection.
Summer School Students May Get Reduced Fares
Railroads Announce Offer for Cheaper Rates to Lawrence
The railway lines of the Western Passenger association have authorized round trip fares for all students wishing to attend the University for the summer session. The fare, which will be on the basis of a fare and one-third for the round trip, is given on the condition that at least one hundred students take advantage of it, and includes only the states of Kansas, Missouri, Oklahoma and Texas. The following is the procedure outlined by the railroads to be taken in securing the reduced rate:
1. Purchase your ticket to Lawrence paying full fare and ask your ticket agent for a receipt certificate.
2. Upon arrival at the University de
menus summer session
office, 107 Fraser has left
3. When one hundred certificates have been collected they will be certified by the Director of the Summer Season, and a proper railroad agent for validation.
4. After validation the certificates will be returned to the students and at the clock, the student will be handed to the ticket agent and will entitle the holder to return by the same route travelled and fare. These rates will not apply from points where the one way fare is 75
This reduction is for students who are at the University now that wish to go to home and return for the summer session, and for any other person wishing to attend the Summer Session.
Dates of sale have been announced as 10-14 for the coming trip, and any time before Aug 12 for the return.
ANDERSON ASKED TO PLAY IN NATIONAL ORGAN RECITAL
Laurel Everette Anderson, professor of organ and theory in the School of Fine Arts, and University organist, has been selected as one of the several organists chosen from all over the country to attend the national meeting of the American Guild of Organists at Cleveland, Ohio. Mr. Anderson will give his recital on the five-manual Skinner organ in the Municipal auditorium, one of the large halls in the country, using numbers from Couterau, Bach, Clecrambault, and
Radio Club Closes Season
Braden Brown addressed students at the final meeting of the K. U. Radio club in Blake hall last night. His subject was "Short-Wave Superhetrodynes."
Awards May Be Made Tomorrow
The athletic office announced today that the track letter awards and freshman scholarships are on tomorrow by the athletic board.
Awards May Be Made Tomorrow
Fireside Forum, 1339 Tenn St., 12
Fridav
AUTHORIZED PARTIES
Saturday
Farewell Varsity, Memorial Union, 12
Joint Committee on Student Affairs by Agnes Husband.
Dean of Women.
Dean of Women.
The last issue of the Daily Kansan for this year will be published Sunday, June 4. Only three more numbers remain—Sunday's paper; an issue Wednesday, the last day of the month and the final Sunday edition, June 4.
THE KANSAN'S SCHEDULE
'ENACTMENTS OF LEGISLATURE GIVEN FULL CREDIT,' HE SAYS
In Letter to County Attorney Stevens, Boynton Declares Exemption Bill Should Stand as Passed; 'Relief Timely for Greeks,' Avery States
A ruling from State's Attorney Roland Boynton upholding the action of the Kansas legislature in cancelling three years of delinquent taxes levied against fraternities of Douglas and Riley counties, was received today by R. B. Stevens, county attorney for Douglas country. County Treasurer L. E. Hoover was attending a funeral this afternoon, and could not be reached for a statement as to how soon the entries of taxes would be removed from the record.
In his opinion, the state's attorney says:
"Under the decisions of our
ment, each enactment of the legislat,
enforced, unless there is a flagrant vio-
lation of some constitutional provision.
"To begin with, it must be assumed
that the legislature had before it all
the facts pertaining to the assessment
and taxation of real and personal
property used and occupied by college or
university societies for dormitory purposes,
and such facts were given considera-
tion by them in the enactment of
this statute."
The attorney general here refers to the decision of the state supreme court holding unconstitutional certain acts of 20 years age exempting "doritories" of college fraternities. This act came before the court following the placing of fraternity properties in Lawrence, Baldwin, Douglas county, and Manhattan, Riley county, on the tax rolls three years ago, with subsequent hearings before Commissioner C. E. Vance and the state supreme court.
"Under the decisions of our supreme court, and the policy of this department, each enactment of the legislature is given full faith and credit, and is enforced. unless there is a flarant vio-
Doubts Legislative Power
Doubts Legislative Power
Attorney Boynton raises the question whether the legislature has power under the constitution to enact a statute abating and remitting taxes, and holds that the classification in the cancellation law is not subject to attack for the reason that it does not have a general application, nor is the classification unreasonable or arbitrary.
"Especially is this true in the light of all the circumstances surrounding the assessment on this particular class of property," says the attorney general. "Legislative power extends to every subject except as prohibited by the constitution, and the fact that the power to abate taxes might be abused is not sufficient reason for holding it invalid. "It is true that the enactment of such statutes may be debatable, and there may be great difference of opinion, yet, in the final analysis, the legislature must settle all such questions under the responsibilities which they are subjected to by the constitution.
The state's attorney courts a Kansas decision (de vs. Fimeran, 29 Kan. 569), holding that a legislative act to compromise and remit taxes was not in contravention of the constitutional provision requiring "uniform and equal rates of assessment in taxation." He also cites cases from Baltimore, and from Davidson county, Tennessee, of similar tenor.
In conclusion, the attorney general says: "From the authorities and decisions heretofore cited and discussed, the opinion herein rendered upholding the constitutionality of this law, is not only supported by good reasoning but by ample authority, and as heretofore stated, is in keeping with the policy of this department to give full force and effect to legislative enactments until such time as there is a judicial determination of its validity."
Inequality Recognized
The legislative act, in a preamble, sets forth that the taxes in question had accrued during the time in which the constitutionality of such taxes was being tested in the court, and that, as insumuch as the taxpayers in question attempt to secure equalization of taxes, these past taxes should be remitted.
At that time, Douglas county fraternities were under notice of delinquency of certain personal property taxes which had been in litigation in the three-year suit, but which are included in the tax remission enactment. The county treasurer was prepared to enforce collection of these personal taxes, but desisted upon a written opinion of the county attorney, and his information that he was referring the whole matter to the state's attorney.
It was pointed out at that time that should the treasurer proceed under the act to cancel these fraternity taxes any taxpayer might go into court to test the validity of the act. No such court action has as yet been taken.
Some months ago, X. J. Kennedy, a member of the board of county commissioners, expressed the hope that the delinquent taxes might be cancelled.
The total of taxes under consideration in Douglas county amounts to less than $100,000 for the three years, and has not been counted in the county's budget. County officials point out that no additional taxes will have to be raised from other taxpayers to make up this sum.
"We got what we went after—the placing of the fraternity property on the tax rolls," he said. "Now it would be only fair to wipe out the taxes that were being settled, and thus let everybody start on a level."
County Attorney Stevens said this afternoon he intended to abide by the ruling of the state's attorney, and assist in the straightening of the tax records of the fraternities, both of the University and of Baker University at Baldwin.
Avery Speaks for Frats
"It is our hope now that the County Treasurer will strike the assessments of this property made in 1930 from the tax rolls, and that a readjustment or a revaluation of the property should be president of the fraternity presidents organization, said today. "I believe that the county officials recognize the inequalities in the present assessments and will take some step to equalize them and work them down, according to the law passed by the legislature lowering the assessed valuation on all real estate property over the state."
"Tax relief for these three years really means more to the University than most people realize. If this relief had not been granted, it would have meant definitely that several of the houses would not be able to reopen next fall and several others would be facing difficult financial problems. If as many as six or eight organizations were made to pay the University would be faced with a housing problem, even at the present enrollment." At a meeting of the fraternity house presidents yesterday, arrangements were made to pay the court costs that were leveled against the organizations by the Supreme Court of Kansas as a result of the suit of Alpha Tau Omega vs. Douglas County, filed in 1930, which attempted to prove the validity of the law that exempted fraternities entirely, according to Avery. The decision was in favor of Douglas County.
The entire expense was apportioned among the fraternities at Manhattan, the University of Kansas and Baldwin. The amount to be raised by the organizations here is $656.73. Various organizations here are paying in proportion to their taxes for the first year.
FRATS AND SORORITIES SEEK REPRESENTATION ON ANNUAL
Resolutions petitioning for non-voting representation on the Jayhawker advisory board were passed by both the fraternity and sorority presidents associations in meetings yesterday. The question of the rates each house should pay for space in the book was also discussed.
Referring to the fraternity president's resolution, Bill Avery, c34, president of the association, said today: "This action was taken in order to provide a means of settling questions which arise ectween these two organizations and the Jayhawker more quickly and satisfactorily."
Design Graduates Total 14
Candidates for the degree of Bachelor of Fine Arts with a major in design, this year number 14. This is the largest class since the establishment of the department in 1920. The second largest class numbered 13 and was graduated in 1930.