TWO
ROSEBURC NEWS-REVIEW, ROSEBURG. OREGON, FRIDAY. JANUARY 1, 1937.
Senator Cannot Hold Two
Lucrative Jobs at Once,
'Moody Contend.
PP.RTLANO, I'bc. 31 (AP)
Tho mule through Its iibhIsIuiU ut
torimy Keneral, Ituliih Moody, out
lined today to a circuit court Judxe,
Jo hu P. Winter. Historical mm leii-
al background by which it will
aoek to prevent Uelltuore LeHard
from holding otflce us male ena-
tor aud attorney for the state
Lonus commission simultaneously.
The case came before the court
on a suit by Lessard, Multnomah
county senator, for an Injunction
to prevent Earl Snell, secretary of
state, from declaring ma seat va-
' ' cant and thus causo appointment
of a successor by the county com
missioners.
Moody completed his opening
statement at the noon adjourn
ment. Ho will be. followed by coun
sel for Lessard, Klloil Wiitkiim,
Charles W. Roblson aud John
Kuste, with Moody being allowed
opportunity for rebuttal late to
day. It was expected that Judge
Winter would he able to take -the
case under advisement by night-
lull.
Lessard said ho was elected to
the senate In November, 1934, and
also held an appointment of not
ary public, a situation which has
already resulted In the resignation
of several- legislators from their
posltions as notaries public In
. view of a ruling by Attorney Gen
eral 1. H. Van Winkle that It
amounted to holding two public
offices contrary to the state constitution.
.The senator also said he held
the office of attorney for the bonus
commission, being appointed to
that post in Maif-h, 19:15, but be
argued that neither of these ap
pointive positions was lucrative
offices within the moaning of the,
constlliuion iinu iiiul - uu co.uiu,
theruiorc, hold them legally as
Well as act In the capacity of a
lagislutor,
Constitution Cited
J Moody, offering a review of the
. clrcumstnnces behind the wi lting
of u provision in mo coiiHiiiuiion
. dividing the runcuons of goveni
' incut into legislative, Judicial mid
' executive brunches, fluid tho con
stitution prohibited a person from
Jfoldlng an ortl.es- or appointment
Under ono branch nnd exercising
lit the same tlmb uny functions
linder the other;
In ' at discussion Of histor
ical background,- Moody traced
the development of this principle
In Amorlcuu government, showing
ijiat Thomas Jefferson, dissatisfied
HUh tho lack of clarity In the ted-
ih'iil constitution, had written the
first section ot the Kentucky con
Ktltutlon separating tho three
branches. '
. i Out of .this cunio the model tor
All state constitutions, including
tjuit or Oregon, he said,
i ' Other Cases Ousted
i Moody preseiitnd decisions from
lliany courts upholding the conten
tion that a member of the legisla
ture cannot accept an - officio in
olther of the other brunches of gov-
fp-nment ami still retain his legig
i lutlve seat and thut 'election or
itnnolntmeut to such other office
Vacates his meuiberslilp In the leg
islature.
' I)eclslpu8 ot tho Oregon supreme
o'ourl and other judicial bodies to
the effect that a notary public was
it public ofllccr wore cited by
Cloudy. Tho assistant attorney
Kdiionil's urguiuent was Interrupt
ud by Kaste to any lhal "we ad
mit" the orrice or notary public
Is u public position hut denied
that 11 was "lucrative."
; Moody rejoined that tho court
would take notice of the lenillll
(nation fixed by statute uud said
the. admission of Kaste brought
Lessard' within the decisions hold
ing that acceptance of one office
was uutomatlc relinijulshineul ot
the other.
Arcxd the C(Rty
WILLIS CREEK
Wl1.ua CHEKK, Doe. III. Mr.
rtnd Mrs. Karl Donaldson tiro Him
l'mii'iitH of ti Imby daughter, born
ut Mercy hospital December Ti.
trls It leu 1h spending Christmas
holidays In Poiilund with friends.
i Tho Willis crock Bchnol program
Was hold Thursday murnliiK with it
ft on tl attendance. Miss Ostcudmf,
the toucher, left for Portland to
Visit relatives over tho holidays,
Elmer MvVey wont to Laktn,
Kalis,, last week to visit hln pa
rents, who reside there.
' Tho Alton Itico family look
Chrlstnnis dinner with Mr. and
Mrs. I uny Davis, ot Dillard.
' "Mr. and Mrs. K. 1,. Monro on
torlnfned tho following guests
Christmas day: Mrs. Lydlu Vui
limn, nf llnseburg, Mr. and Mrs.
Nichols, of Happy Valley, Mr. and
Mrs. Victor Phippa and children
it nd llnnnlc uml Almcdu Workman
of WllltH nook.
Victor Phipps attended tho Tu
jioral of Mrs. lhiltlu llanaii hi
Jluscburg Thursday.
. Clarence Cluster took din nor at
tho Alloa Hire homo Thursday.
Hu expocis to leavo for California
la n low days.
(Jrovcr Workman linn boon sick
tho pant week with a hovoio cold.
Molvln and Norman Newton uro
Visiting thofr parents over the holi
days. They are attending school
lu Salem.
, llyinan llunlloy wont to Cnnyoii
Vlllc to spend Chtlstmus day with
rolalh ch.
AZALEA
AZAI.I-IA, lii-c. HI. Mr. uud Mrs.
('. W. Milliard and son, Vlru.ll, r
Junction Clly, were Christinas illu
Her guesis nt the home o( Mr. and
Mr. John .Imitwr.
- i.nluml Jolm uud Ilulllo .Sliilt.
were in Roseburg Thursday shop
ping, they also visited Mr. Johns
brother-in-law and sister, Mr. and
Mis. W. D. Chadwick ot Dlxonvllle.
Henry Speaker and Frankie Jaul-
?er, of Wolf Creek, viBlted friends
here Thursday evening.
Mr. and Mrs. William Sharp, Jr.
were ill Medford Friday where
they had Christmas dinner with
his grandparents, Mr. and Mrd.
William Sharp, Sr.
Mr. and Mrs. Oscar Hull and
son, from the .(.uuter CCC camp,
are spuuding the holidays here
with his father, Mark Hull, und
uncle and aunt, Mr. and Mrs. John
ugden.
Joe Ulunchurd, who Is attending
Willamette university ut Sulem,
returued there Saturday after
upending Christmas ut the home
ot hiB parents.
Mr. uud Mrs. Joe Kuan and fam
ily of Grants i'ass enjoyed Christ
mas dinuer at the Hull aud Ogden
home Friday.
I Initio Shllts, Lcland Johns,
Itaphel Sharp, Ora Condray, Sr.,
and (Dad) Klklns, had Curistiuuu
dinner with Mr. nnd Mrs. H. 0.
Johns.
Air. and Mrs. T. C. Johns and
sons, IJarwin and Dale, were Christ
mas guests of bcr nephew uud
ulece, Mr. uud Mrs. Hurry Williams
and family of Kusuburg.
MELROSE
MEMIOSK, Jan. 1 Lloyd Wil
son of Yukitnu, u former Melrose
resident, arrived Tnuuday to spend
the holidays vlsltliif; his father
Herman Wilson, uud bis brother
Alvle WIUpu.
Miss Marie Krobii, employed by
tho Northwest ytudlp company, ar
rived ut Alelroue Thursday to
spend the holidays with her pur
entH, Mr. and Mrs. Henry Krohn.
.Miss Krohn has traveled turougii
Washington und the northern .purt
of Oregon with the company und
is leaving after the first of the
year for Cullforniu.
Miss Lois Ford left the 1 alter
nan ot asl woeK for Lebanon
where she will loin reluttves and
continue on- to WashliiKtou to
visit with her mother.
W, 0. Mueller recently returned
home from Los Angeles where he
spent the past two mpnttw attend-
nig to on a mess. ,
All ss iieieu liackiunu, employed
in Hose burg, spent Christmas with
her parents, - Mr. aud Airs. Curl
jjacitiund, '
Mrs. M. Woodruff went to Hose-
burn lust Tuesday to spend sever
al days at. her liomo -In North
Kosohui'u whoro ii lantily -reunion
vas ltild. hrlstmus duy.
Mi', uud- Mrs. LurgKy aim the
latler's ' daugliter, Miss Marlon
'ution, of Vortland, visited the
formers parents, Mr. uud Airs. J.
W. Uass, aud attended the funeral
of the late George Crane. ;
Mr. and Mrs. Charles Btubhs and
the lutler's sister, Miss lOvelyn
Galla, left last week for Portland
whore, the former will spend , a
week atlcuuiug to business ahd
the hitter two will visit friends.
Miss Alice Uncklund. who is em
ployed at Drain, 'spout Christmas
wltlU-htuv nareutsi "Miv und Hvh.
Carl Ilnilklund. 1 . '
Miss May Taylor, teacher at
Sunnydale, is home lor the Christ
mas hpiiduys.
Miss Cluru llecker, who Is teach
ing at Azalea, aud 'Miss Alice lleck
er, who ts teaching al Calapuoia.
are spending the Christinas holi
days with their mother, Airs. Min
nie Hooker.
Mr. and Mrs. Jake Thornberu
are staying at the Charles Stubh
hoiuu In Wosl Melrose while Mr.
ami Mrs. Stuhhs are lu Portland.
Mr. and Mrs. Hay Webber of
Salem und Mrs, Hudolph Kdniau
aud small daughter of lOugcno
spent the holidays visiting tnelr
mother, Mrs. 10. Kdmau,
(). 8. Sironihac.k Is slowly im
proving from a fractured leg he
received throe weeks, ago when he
foil from a ladder.
Mrs. Mary Dunham and Miss
Georgia Kmery visited Sunday
witli Air. and Mrs. K. L. Cooper.
Mr. and Mrs. William S heron
and throe small children of Cohorg
aro spending tho Christmas holi
days witli the tailor's parents, Mr.
ami Mrs. Adolph Johnson. Mrs.
Shoron was formerly Miss Mildred
Johnson.
Mr. ami Mrs. (1 em-go Suudborg
and two small children wont io
Drain Thursday to spend Christ
mas with tho laMor's parents, Mr.
and Mrs. Henry llarlholomy. They
clurned homo Hat unlay and tho
letter's brother, Milton Hart 1ml-
omy aooompanteil them homo to
visit until Sunday.
(limuor Kodhorg nf Klamath
falls spent Christmas with his wife
and was tho guest of tho hitter's
pa ron t s, M r. ami M is. A . S. A n -
lersou.
Mr. und Mrs. Phil llcss of V.n-
geuo enjoyed Christ mas with the
tatter's parents, Mr. nnd Mrs.
buries Olson and her siftter, .Mrs.
tl. A. Ilrueo.
M. M. ..Manning, who Is employ
ed at HonnevUlo, spent Chrislinas
holliluys with his family.
Air. 4)i d Mrs. Algo Auilerson
and daughter, lleverly Kay, of
orliand spent Christmas with tho
former's parents. Mr. and Mrs. A.
Anderson.
Mr. aud Airs. Hlchard Thompson
of Chtlumiln spent Christmas with
Hhe hitter's parents, Mr. and Mrs.
II. ( haldin. Mrs. Ihompsou
will visit incut until Woduosduy
while Mr. Thompson visits lu Hose-burg.
Mr. and Mrs. (iooiue Cooper hud
as their miosis last Sunday. Mr.
and Mrs. Taylor MoCord of Dlxou-
llle and tho hitter's mother. Airs.
', M. Cooper aud sons, Kenuet h
and Charles, anil Ikm' daughter.
Hot I le, ol Kdenbow or.
Mrs. Agnes Smith aud Miss
minora Anderson of Sun Krun-
Isro arrived at Melrose last Thurs
day to spend Christmas with their
parents. Mr. and Mrs. A. S. Ander
son. I hey loft Sunday for their
homes In California,
Mr. and Mis. Kdgar Herbert
San Krnmisio vlstled lust m eok
wllh Atr. ami Mis. thinner John-
sou and after going on to Portland
to spend Chrisimns wllh tho hit
tors parents, Mr, and Mrs. oear
Hanson, (hoy returned to Melrose
Sunday evening for another visit
with Mr. and Mrs. Johnson. Mrs
Herbert was loimerly Miss l.cllU'
The Year's Outstanding News Stories
Iliinsmi und resided at Melrose.
Mr. and Mrs. Fred Ileilherg, who
nru residing ut Kirk. Oregon, spent
a couple or days lasl week at their
hfiuie in lOlgarose.
M ford llowurd or Washington
vlslled over Chrlsluias with his
brother and sister-in-law, Mr. and
Mrs. Mlln Howard, and with his
father, Jim Howard.
OLALLA
Ol.OLLA. Jan. 1 Mr. and Mrs.
lohu M. Orr went to Cold Honch
rhursdny to spend Christmas with
their daughter and son-in-law. Mr.
and Mrs. Jay Prancisco, returning
Sunday. They wero accompanied
by Win. Salone who was awnnP-u
tho turkey and complete Christ
mas dinner at tho Camas Valley
Townsend club party Sunday even
ing. Decern her 120.
Vlelor Howard was lu Hoseburg
Tuesday to collect bounty on a
coyote.
Air. aud Mrs. Doris Ireland aud
family of Cuqutlle spent Sunday
ut the Ireland brothers.
ELKTON
Mi.ss Anna Stark has returned
from Washington whore she has
been visiting.
Mrs. Klsio Wells and Ira Wells
of Cottage drove were Klkton vis
itors I Imrsday.
Mr. and Mrs. It. It, Wells and
family spnt Christinas in Port
land.
.Mr. and Mrs. K. D. Wade left
Thursday lor Hood Hlver to spend
tho holidays.
The Kellogg school gave a pro
gram in tho grange hall Wcdnes-
lay evening. 0
I hero was a Christinas program
hrisiniHS eve lu the M. K. church.
After the program candy, oraniies
ami nuts were pitdenled to alt in
attendance.
Miss Kstor Douiilas of Salem.
spent tho week end at the home of
her parents, liov. and Mrs. Doug
Ihsq Itev. and M rs. Joyce Doug
las of Wasco, also were at the
Douglas home.
Mario and Agnes Haines have
returned home from Portland for
the holidays.
Mrs. Jane Schad Is 111 at her
home.
ICldon Pis her of Kellogg Is home
for the holidays from Portland.
Mr. nnd Mrs. II. Pontula and
family of Croswell spent Priduy
aud Saturday at the home of Air.
and Mrs. Charles Hinder.
Air. and Mrs. Harold Thorp mo
tored to Albany for (tie holidays.
Mrs. Marietta Haines aud Iris
llaiuoa were Kugeno vis tors Tues
day. Jim Tray lor, of Drain, was in
Plklon Satmday looking after busi
ness matters.
Cract! t.ovenhngen of Kugeno is
visiting tier mother, Airs. Dora
Trnytor.
Mrs. V. Dunlet has- returned
homo from Cambridge, Mass.,
whore she has been visiting her
sou, Kdwurd Daniel.
Mr. and Airs.-Churtey liacklil'f,
of Myrtle Point, spent Tuesday
night at the homo of Airs. Mar
ietta Haines.
Air. and Mrs. Lawrence Rackloff
of Arago, visited at I lie II. I,. Hos
sen homo on their way to Canny
Christmas morning.
The schools closed Wednesday
over the holidays.
Spend Dny in Towrt, Mrs. Amy
Itiehardson ami mother, Mrs. Stel
nlor, of Myrtle Crook, spent yester
day here shovping and visiting.
WASHINGTON. Dec. .Tl (AP)
The interstate commerce coin
mission moved today to reduce the
death ha.ard on America's high
ways by sett ing up driving rules
lor commercial motor vehicles.
At the close of a year In which
fatalities reached an estimated
:t7,r0i) - a new high record the
commission made public its broad
regulations to become effective
next July 1.
Hope was expressed the rules
would be followed by the states
"in the interest of uniformity."
"Among rules set up is one that
speed must bo within state or local
limits whore those exist and other
wise must be "reason able or pru
dent under the existing condi
tions.' The regulations sot a mini mum
ago of 21 for now drivers employ
ed, a requirement that they must
rihol aind speak Knglish and that
they must bear proper identifica
tions. The information gathered oa
drivers Incidental to identifica
tions, the commission said, may
ho used as tho basis of detormin-
Big Dance
EVERGREEN 0
GRANGE
New Year's Night
January 1
and also
Saturday Night, Jan. 2
Music by Snappy F(v
Gents 35c Ladles 10c
Everybody Welcome
Who Has the Oldest John Deere
Implement?
Douglas County
Farm Bureau Cooperative Exchange
Will pay $2.50 to the farmer who 'has the oldest
John Deere implement still in use in Douglas
oCounly.
Attend the John Deere amf Caterpillar free picture
show and lunch January 6, ftivc the name and size
of the implement, the year bought and the dealer's
name.
This offer includes Syracuse Plows, Dain Mowers
and Van Brunt Grain Drills.
Don't forget the date, Wednesday, Jan. 6
ing the need Tor a federal drivers'
licensing system.
Among other regulations were
requirements that vehicles should
bo in good mechanical condition,
that fuses should be set up beside
cars broken down on the highway
nt night, that explosives and simi
lar carriers stop at railroad cross-lugs.
Transportation
was prohibited.
of hitchhikers
GLENDALE
(ll.EXDAUC, Jan. 1. Mr. and
.Mrs. Melvin Xye returned Satur
day from Vancouver, Wash., where
the y spent the holidays. Mr. uud
Mrs. M. Nye accompanied them
homo for a visit.
Mr. and Mrs. It. M. Kbnrle wont
to Grants Pass Monday for a short
visit.
Mr. nhd Mrs. Shirley Dyer, from
Ashland, spent Christmas with
their parents, Mr. and Mrs. Ted
Dyer. They are finishing the week
with Mr. Dyer's sister and family,
Mr. and Mrs. John Uartle, at Fern
vale. Mr. and Mrs. George C. Dyer and
daughter. Dorothy, returned Sun
day from Marshfield where they
spent the holidays with relatives.
They wero accompanied home by
Undsey Von Tongren, who later
left for his home in Woodland,
Calif.
Miss Margaret Howard Is home
from Lorraine for the holidays. .
Ganoid Von Tongren. of Wood
land, Calif., Is visiting at the
George C. Dyer homo.
Mr. nnd Mrs. Melvin Vinson
and small son Knpnt tht nhridmnu
holidays with relatives in Eu
gene, i
Mr. and Mrs. C. O. Richards re
turned Monday from spending the
holidays in Oakland, Calif.
MV nnrl Mm Vi Wlit'i,i...
und Wm. Craddock niad'i a busi
ness trip to Grants Paiss Wednesday.
Mr. nnd lr Ti tj ti..n
were Christmas dinner guests of
mr. huu jirs. win. Stewart ut Wolf
Creek.
Mr. and Mrs. Oscar Webber and
children. Hm-how nn,i dc-i
ceutly returned from Sweet Home.
mviu mrisuuus dinner guests or
Mr. and Mrs. Ed Wlnkleman and
family.
Mr. and Mrs. It. A. Driggs and
children mtnruod RnnJnv
i spending the holidays at Myrtle
v. reeK.
jljpi Happq leuffear
I ' ln 1957
j ?$yy f With the Best SSR -
Sj& of Wishes to Our ,.'5
,r jdF Many Friends and CV.
&JF Patrons x -
I Maddox Grocery 1
mBmmbmmM