DePaulia (DePaul University, Chicago, IL), 1936-12-03, 1

              New Deal Law ft Could Still Be Constitutional if Congress By Professor John W. Curran College of Law It was tlif saying of an eminent legislator that if we had angels govern us we should quarrel with them. We have proof of this in a particular manner in the opposition now being made by some to the Supreme Court. Various plans for curbing the activity of the Supreme Court have been suggested lately including a constitutional amendment to limit its power. Due to the fact that the people have always frowned in the past on any attempt to control the functions of the Supreme Court better minds think that an attempt to restrict the judicial power by a constitutional amendment would be futile. Could Have Curbed New Deal Unconstitutionalities As a matter of fact Congress, without the aid of an amendment, has the power to clip the wings of the court. This power is given by the Constitution as it expressly provides in Article III, Section 2, Clause 2 that the appellate jurisdiction of the Supreme Court exists "with such exceptions and under such regulations as the congress shall make." The Supreme Court ever since 1789 has recognized that Congress by virtue of this clause in the Constitution has the power to regulate the flow of all cases within the appellate jurisdiction that the Supreme Court shall consider. In fact, Congress could have prevented the Supreme Court from handling nearly every important New Deal case that came before it in recent years. Striking Example of Congressional Power One of the most striking examples of the power of Congress in regard to the Supreme Court occurred during the era of Reconstruction. An editor, Mr. McCardle, was arrrested in Mississippi during the period of federal reconstruction for criticising the conduct of the military authorities. Upon being arrested, McCardle demanded at once a regular jury trial but the military authorities denied his request on the ground that one arrested for violating military laws was not entitled to a jury trial. McCardle thereupon appealed his case and it reached the Supreme Court of the United States. When the radical Congress heard about the appeal, fear and consternation came into its mind as it realized the validity of the entire plan of reconstruction was involved, and if the Supreme Court should perchance set McCardle free that would mean that the entire plan of military reconstruction was unconstitutional. So over night, so to speak Congress passed a law to the effect that the Supreme Court could not receive appeals like McCardles, and although the Supreme Court was ready to give a decision, the court dismissed the case on the ground that Congress had by the new law regulated its jurisdiction in that and similar cases involving writs of habeas corpus. Congress Wise Enough Not to Interfere The Supreme Court concede that under the constitution it was bound by the act of Congress, and Mr. Chief Justice Chase said: "We arc not at liberty to inquire into the motives of the legislature. We can only examine into its power under the Constitution and the power to make exceptions to the appellate jurisdiction of this court is given by express words." By referring to Article III, Section 2, Clause 2, of the Constitution, you will no doubt agree that Congress has been granted the power by the people. Under that clause the Supreme Court has recognized that Congress can make any exception or regulation it sees fit. It therefore makes no difference whether the right to sue on a contract or the right to a jury trial is involved as the Supreme Court, both before and after McCardle's case, has followed the law as stated by Kent, an eminent authority, to the effect, "The appellate jurisdiction of the Supreme Court exists only in those cases in which it is affirmatively given." Mr. Chief Justice Marshall said the same thing in an early decision of his, and Mr. Chief Justice Taney in a later case said. "By the constitution of the United States, the Supreme Court possesses no appellate power in any case, unless conferred upon it by act of Congress nor can it, when conferred be exercised in any other form, or by any other mode of proceeding than that which the law prescribed." In 1881, Mr. Chief Justice Waite in discussing the question among other things, stated "Authority to limit the jurisdiction, necessarily carries with it authority to limit the use of the jurisdiction. Not only may whole classes of cases be kept out of the jurisdiction altogether, but particular classes of questions may be subjected to re-examinations and review, while others are not Today certain aspects of the Bankruptcy Act cannot reach the Supreme Court because Congress has made exceptions to that effect. Now enough has been said to make out a clear case for the power of Congress over the appellate jurisdiction to the Supreme Court, and when you recall that authoritative writers have shown that it is the appellate jurisdiction of the Supreme Court that clothes it with most of its dignity (Continued on Page 4) Vol. XVI, No. 10 Cheer Section Organized by Blue Key Frat Society Distributes Cheers, Songs for Hooters 1st CPAME TUESDAY Cheering 'I'lial's what Dc Paul teams need for encouragement at all athletic contests. Promoting this idea and sloganizing "cheer the Blue Demons on to Victory!" Blue Key National Honor Fraternity is sponsoring an organised cheering section to he operative by December 8, the opening date on the basketball schedule. President Tom Sullivan announced that this rooting group will encompass one hundred eds and coeds that are interested in learning and giving all the yells and songs of D. P. U. Joe Casey, alumni cheer-leader, and Stuart Doyle, active junior, will be in charge of the section. At each basketball game a special section of the stands will be roped off and into which only cheerers will be admitted. Blue Key is publishing, for the first time in De Paul history, a complete booklet of yells and songs, famous since the days when De Paul played Navy, Notre Dame and Southern California. The '36-37 cage schedule is perhaps the toughest in years, comprising twenty-three such opponents as Pittsburgh, Wisconsin, Purdue, Illinois, Minnesota, Chicago, and Michigan State, a)ui with united student co-operation the cage squad will be backed by plenty of spirit and lusty cheering in every contest.If the student body respond, those who faithfully fill the Blue Key Rooter's Section each game, have the possibility of being rewarded with a sweater or jacket at the end of the season in recognition of meritorious service to D. P. U. "Emil und die Detektive," German Talkie, Presented For German Arts Classes "Emil und die Detektive," a German talking-picture, was shown in the Biology laboratory Wednesday, November 25. Students of the German classes and the members of the student body attended. In keeping with the German style of the day, refreshments were served to accompany an exhibit in the Library immediately following the performance. Dr. Karola Geiger, head of the German department, was greatly pleased at the attendance and expressed the desire to have several more pictures shown before the end of the school year. She indicated that pictures in French and Spanish may also be procured, provided the students are interested in their showing. The presentation of "Emil und die Detektive" has long been desired by Miss Geiger, as the book of the same name is read in one of her classes. Plans are also being made to see "Lohengrin," on Saturday, December fifth, at the Civic Opera House. Northside Students Enter Collections of Stamps In Arts Library Exhibition For the past two weeks an interesting stamp collection has been on exhibition in the Uptown Library of De Paul. As a result of the invitation extended by Miss Schnoor, three phases of stamp collecting the cachet collection, first day covers, and complete series, have been brought forward. There is a fine cachet collection owned by Mr. Michael Prieb which includes a goodly member of first day covers. A cachet collection is a series of envelopes bearing stamps which commemorate a certain event or the issuing of a new stamp. An envelope which has caught a new stamp going through the mails for the first time is known as a first day cover. Among the most notable commemorations is the Second Byrd Expedition to Little America, the Washington Bisen terminal, the Discovery of the Soutli Pole, the 30th National Ski meet at Sallisbury, Connecticut, and the confidence expressed in President Roosevelt by the American people in 1933. The cross key collection in the show case is the complete first series of stamps to be issued by the Papal States for the newly founded Vatican Postal Service Station. Miss Alice O'Connor's collection, also on exhibition, contains 1,500 foreign stamps from all over the world. Miss O'Connor finds that Mexican stamps are the most difficult to procure.The value of stamp collecting is debatable but there is a certain glamor that cannot fail to impress itself when one begins to evince even a slight degree of warmth. DOROTHYSCHLAX WINNER OF PEACE ORATORY CONTEST Dorothy Schlax, active senior of the College of Commerce, was judged winner of an oratorical contest held in Moot Court, last Monday. The purpose of the contest was to determine who will represent De Paul in a State Peace Oratorical Contest to be held December 14, at 7:30 P. M., in room 10 on the fourth floor of the loop building. The judges, Dean Comerford J. O'Malley, C.M., S.T.D., and Profs. L. Shapiro and C. B. Williams, in judging Schlax the winner, praised the logic, construction, and delivery of her speech, titled "There Is No Panecea." Mark Satter was given second place in recognition of his creditable performance. he State Peace Oratorical Contest will be preceded by dinner at 5 5 o'clock at the Old Towne Room of the Sherman Hotel. After the dinner the delegates will convene to room 10 of the fourth floor of the loop building. Representatives of Universities and Colleges throughout Illinois will compete for the championship of the state. All students and their friends are cordially invited to attend. Dr. Rapacz Honored By Use of Article In Minnesota Supreme Court Appeal De Paul University College of Law, as personified by Prof. Max P. Rapacz, has been singularly honored. In a case in the Supreme Court of the State of Minnesota, the city attorney of the City of Minneapolis based his argument on a seven-page article by Dr. Rapacz on the "Rules Governing the Allowance of the Privilege Against Self-incrimination" which was published in the March, 1935 issue of the Minnesota Law Review. Dr. Rapacz is a specialist in the field of Property Jurisprudence and the facts outlined in his article were the basis of a careful research on the difficult subject involved herein. Job Manners Play Opens Week Run "What shall I do if the boss asks me to dinner?" "How do I ask for a raise?" These and other questions are being answered by Elizabeth Gregg MacGibbon, noted authority on office etiquette and author of "Good Manners in Business," in her playlet "Manners on the Job," which is now being presented under sponsorship of De Paul University to a group of public and parochial high schools. The performances began on November 30 and will continue until Friday, December 4. Principal parts in the dramatizations are taken by Mrs. MacGibbon and her assistant. Minor roles are played by Gladys Jana, Muriel and Justine Maybelle, Marie Thiel, Victoria Sutkowski and Cecil Hoisington, all students of the De Paul Secretarial College. THE DEPAULIA HOW LOUD DO YOU CROW? OR DO YOU? It's about time for eight thousand De Paul students to wake up. Wake up to the fact that De Paul is a great University and the world should know about it! Although it is not true that a University makes the person—yet it helps. It is pure logic that in the majority of cases, if two graduates equal in ability apply for a position—graduate number one from Siwash college hasn't an equal chance against graduate number two from Northwestern, Notre Dame or Southern California. True, De Paul is not a Siwash but it could be better known—it should be better known! How can this be done? By united student action. Do you demand De Paul's songs when you are out dancing? Do you send letters of protest to sponsors of radio programs who omit mentioning De Paul as an education or sport center in Chicago? Do you question store proprietors who display every school pennant except De Paul's? Or do you, like the vast majority, just ignore it or noticing it, do nothing? Remember, every time you, as an individual, object to slighting De Paul you are backed up by over eight thousand students. Pound this fact into advertisers—they are ignoring a big potential market—make them wake up by first waking up yourself. And besides you have something to talk about, too. Did you know that over eight thousand students attend De Paul yearly? That the law school is rated by the American Bar Association as one of the best in America? That there are four main libraries in the University with nearly 131,161 books for the students? That De Paul's Moot Court on the fifteenth floor of the loop building is one of the most beautiful in the U. S.? That our Commerce, Secretarial and Art Colleges are widely recognized by serious students and educators? That De Paul's basketball team for at least three years has been regarded as one of the five ranking teams in the United States? That this year will be no exception? That we no longer play small team football but are considered as a Class A football school? we could go on forever. You have something to crow about, so wake up and start crowing! DE PAUL UNIVERSITY, CHICAGO, ILL. Thursday, December 3, 193( Elect Wendt, Knez to Arts Presidencies Will Wendt of the varsity basketball squad was elected president of the Senior Class at the elections held Friday, November 13. Fred Knez, Will's running mate on the hardcourts, was acclaimed president of the Junior class. Their close association in athletics will be a strong factor in promoting a close harmony between these classes in all their undertakings.Helen Campbell was unanimously elected vice-president of the Senior class when the class wholeheartedly seconded George Trapshanis' motion that she be granted that office. Mike Preib won the position as SecretaryTreasurer, defeating Kay Sullivan by a close margin. Stuart Doyle, after a close contest with Ann Cholod, was elected vicepresident of the Junior class and Mazie Goss defeated Jenny Krok by one vote to be Secretary-Treasurer of the Junior class. Because only a small group of Juniors and Seniors were able to attend their respective class elections on the day first appointed, those elections were held invalid and another assembly was called for re-elections on the thirteenth. Class of 1936Vi plan Senior Promenade at "Cabaret Roma By Stuart Doyle Coming out of a huddle, the class of '36y2, Uptown Liberal Arts, made on Thursday last an important announcement. After a nerve racking session, hours of debate and rebuttal, the class finally expressed a majority will and elected leaders for the coming semester. The principal bone of contention, strange thing, was not who out of so large a body should arrive in office, but who should occupy the four scats, there being only two members in the class. On the two faces, however, there reposed post-election grins as cigars and plans for the coming semester were circulated through the admiring throng. Louis, scion of the Sakellarius had graciously accepted the presidency, while Thomas, pride of papa Rourke had consented to fill the chairs of vice-president, secretary, and treasurer, whether simultaneously or consecutively we are not at liberty to state. The elect immediately proceeded with plans for a Senior Ball. President Sakellariu's tentative plans include a wonderful dance in the ballroom of the beautifully appointed Roma. This North side site, while a trifle expensive, say the officers, has so much that typifies college life that it must be had at all costs. Present plans for the grand march include two wings, one entering the back door led by President Sakellariu, the other with Vice-President, Secretary, Treasurer Rourke coming in through the front entrance. Meeting in the middle of the booth-bedecked ballroom each wing will use its own judgment, concerning further plans, the class has little to say, but they will probably be forthcoming when President Sakellariu and Vice-President Rourke come to a decision on the possibility of further discussion, Vice-President Rourke claiming he is the silent man hereafter, and there fore unable to discuss any problem. The Women's League splash party scheduled for this afternoon will be postponed until a later date. This is due to the insufficient time for plans to be put in order. Gym Dance Considered The League is also considering a gym dance with dolls in lieu of tickets for admission. These dolls are to be placed in the Christmas baskets distributed among the less fortunate children of the neighborhood. But watch the League's bulletin board of the final arrangements on all these events. Free Dance Evening Commerce Society Sponsors Social Tomorrow Night Tomorrow evening, December 4, the Evening College of Commerce, headed by President Ray Ginsberg, will sponsor a free dance on the 7th floor of the loop building, beginning at 8:30 P. M. The faculty advisor of the group is Professor Frederick Mueller, Jr., assistant dean of Evening Commerce. Johnny Matz and his seven piece orchestra will be the musical hosts of the evening and promise many orchestral and vocal novelties. All departments of the University are cordially invited to attend. The seventh floor recreation room is being appropriately decorated to fit the occasion of a pre-Christmas gettogether.Library Exhibit Prefaces New Arts Course on Ben Johnson by Prof. S. Read There is a special exhibition of Johnsaniana—material by and about Samuel Johnson—on display in the Liberal Arts Library on the fifth floor downtown this week in connection with a new course, "Dr. Johnson and His Circle," to be offered during the winter quarter by Mr. Stanley Read. Included in the exhibit are a copy of his "English Dictionary," one of the first in history, "A Voyage to Abysinia" by Father Jerome Lobo, translated into English by Johnson and classed as one of his earliest works, and several copies of the "Gentleman's Magazine," an 18th cen tury periodical to which Dr. Johnson contributed, all of which are a part of the 18th century material gathered by the library for the new course. Frosh-Soph Dance Saturday Feature Three Sherman Hotel Ballrooms and Pierson Thai FRESHMAN-SOPHOMORE HOP CHAIRMEN Krahm, Me Keen and Gallagher Are Chairmen (Left to right) Edward Gallagher, law Mary McKeen, liberal arts and William Brahm, commerce, who have been appointed tri-chairmen of the Freshman-Spohomore Cotillion, to be held Saturday evening at the Sherman Hotel. WOMEN'S LEAGUE OPENS BOOTH AT NURSERY BAZAAR The Women's League has enrolled the assistance of the Junior Leaguers in planning the Doll Booth they are sponsoring at the annual Bazaar for the De Paul Day Nursery to be held Saturday, December 5, from 2 P. M. to 9 P. M. at the Nursery, 2245 N. Halstcd Street. 1 he Doll Booth at this affair is being sponsored by the Women's League and Junior League combined. Besides the sale of a variety of dolls there will be stuffed dogs, cats and Mickey Mouse dolls on sale. The raffling of a life-like Shirley Temple doll, which is on display at Miss Miller's office for all who wish to see it, is an added attraction for which chances are now being sold. Elections for Law Seniors December 10 y'ou are hereby notified that the regular election of class representatives for the Senior law class will be held on Thursday, December 10. Under the new rules now in force there will be elected from the Day Senior Class five representatives and from the Evening Senior Class there will also be elected five representatives. Therefore, since cumulative voting is the method of balloting each senior will have five votes which he may cast for any one he pleases or divide them as he sees fit. The five having the highest votes in each class will be declared class representatives and be appointed to various functions by the Dean. If you have any doubts about your eligibility to vote as a senior kindly consult the bulletin board where you will find your name listed if eligible. The balloting for the day school will take place on the 15th floor ivhere ballots will be furnished and a box provided for their deposit. Miss Kinsella will be in charge of the election. Polls will be open from 10 o'clock A.M. till 3 P.M. for the day school and they will be open from 5 o'clock P.M. until 9 P.M. for the evening school. In general anyone graduating by August of 1937 will be eligible to vote. Faculty Adviser Senior Class Officers. LEO O. McCABE. Dr. R. S. Bauer Elected Officer in Pi Gamma Mu S. Pulaski Dinner Speaker Dr. R. S. Bauer of the College of Law was elected governor of the Illinois Province. At Pi Gamma Mu's annual regional banquet held at the Lake Shore Athletic Club Saturday, November 21. The office of Lieutenant Governor of the Illinois Province was won by Dr. Hodap of Loyola, and the secretaryship by Florence Rapacz, wife of Professor M. P. Rapacz of the De Paul Law Department.It was decided to hold the national meeting of this honorary social science society in Chicago. Professor S. R. Pulaski, the De Paul Chapter secretary, will preside at this meeting which will take place at the Palmer House, December 29. Ciscans Open Literature Drive Calling all Ciscans! Your wholehearted cooperation is wanted for a new project Cisca is sponsoring a literature drive to obtain old issues of magazines which will be distributed to people at Alexian Brothers' Hospital, St. Joseph's Hospital and the Home for the Aged, conducted by the Little Sisters of the poor. Contributions may be left in Miss Miller's office. The new Cisca bulletin board is also claiming the attention of the Northside Ciscans. Appropriate poems, pictures, ideas, and sayings are posted daily. Anyone having similar ideas of their own will oblige Carol Crotty and Jeannette Slesicka by handing them in. Tomorrow, December 4, will be the First Friday of the month. Attendance at Mass at 9 o'clock in St. Vincent's Church is compulsory for all Catholic students of the Northside Campus. Attendance will be recorded. De Paul vs. IV. Dakota Tuesday Night in the Gym nuts SELL AT $2.00 Gay holiday spirits ate being carried over by the De Paulites to the annual Frosh-Soph Cotillion which is to take place next Saturday, December 5, at the Sherman Hotel, where three attractive rooms, the Louis XVI, the Gray and the Crystal Rooms will provide adequate space for the revelers. Elaborate preparations have been made by the chairmen, Mary McKeen, Bill Brahm and Ed Gallagher, to insure the success of this social event. Pierson Thai and his campus orchestra from the University of Illinois will form the distinctive musical background for the dance. This young maestro has already taken his band on an extended and successful musical tour of Europe. Upon his return to this country, Thai and his musicians were in demand and they have been featured many times since at leading clubs throughout the middle west. In Chicago, the orchestra has played at the South Shore Country Club, the Interfraternity Club and the Oak Park Club. Mary McKeen, and active promoter of school and Alpha Omega sorority activities during her freshman year, was chosen to head the Uptown Liberal Arts committee because of her capability. She has distinguished herself by receiving one of the two sophomore appointments to the Student Activity Council. Active Student Bill Brahm, Commerce student, presents another prominent sophomore figure. He has already supported many of the chairmen of social committees during his stay at De Paul and is an active member of the Alpha Delta Gamma fraternity. Last year he served as downtown frosh editor of the De Paulia. Outstanding during his four years at the Uptown school, Ed Gallagher, now studying law, was well chosen as chairman of that department. He was active in this year's homecoming preparations as chairman of the parade. He is a member of the Phi Kappa Alpha fraternity. The original and attractive orange and gold bids, priced at $2, have been on sale all week. They are obtainable from any members of the committees or any S.A.C. members. Freshman and sophomore officers, Bud Kevin and Bill Hinckley and Bob Brandenburg and Ed Keane respectively, comprise part of the uptown committee. Other members are Eleanor Schaefer, Irene Koch, Gene O'Malley, Amy Johnson and Marion Ungaro. On the Commerce committee are Cecil Hoisington, Loretta Higgins, Gene Middleton, Bernice Whalen, Jack Bigane, Jeanne Bell, Tom Sweeney, Roy Edgerton, Rita Ludwig, Emilio de la Garza, Fred Damlos. French Literature Subject Of Art League Program On Tuesday, December 8 The De Paul Art League, Anna T. Mulligan, President, and Helen C. Kinsella, Chairman of the Program Committee, has arranged a most outstanding program. "A French Night of Arts and Letters" for Tuesday evening, December 8, in the De Paul Little Theater at 8:15. In cooperation with the French consulate, the league is privileged to hear the celebrated professor, Maruis Jean, lecture on, "Arts and Letters of Present Day France." The famous opera star, Louis Rousseau, will sing selected period French songs after which the Travel Service Bureau's motion pictures of cathedrals, shrines and palaces in France will be shown. Refreshments will be served after the Director F. R. Martinez Announces Additional S. A. C. Appointments Remaining appointments to the Student Activity Council have recently been named by the Reverend F. R. Martinez, Director of Student Activities. These representatives have been gleaned from the four classes and include students from both the uptown and downtown campuses. They include: Stuart Doyle, junior Amy Johnson and Eugene O'Malley, freshmen, from the uptown school Jim O'Brien, senior Edward Klich, junior, from law, and Ed Powers and Ed Attwood, freshmen, from the downtown school.