Oregon daily emerald. (Eugene, Or.) 1920-2012, February 09, 1933, Page 2, Image 2

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    University of Oregon, Eugene t
Richard Neuberger, Editor Harry Schenk, Manager
Sterling Green, Managing Editor
Thornton Gale, Associate Editor; Jack Bellinger, Dave Wilson
Julian Prescott.
_\t_- Xr„,„D TTrl I T..Vin C r/.cu T Itornrv
Francis Ballister, Copy Ed.
Bruce Hnmby, Sports Ed.
Parks Hitchcock. Makeup Ed.
Bob Moore, Chief Night Ed.
Bob Guild, Dramatics Ed.
Jessie* Steele, Women’s Ed.
Esther Hayden, Society Ed.
Ray Clapp, Radio Ed.
DAY EDITORS: Bob Patterson, Margaret Bean, Francis Pal
lister. Doug Polivka, Joe Saslavsky.
NIGHT EDITORS: George Galina, Bob Moore, John HoIJo
peter, Doug MacLean, I>ob Butler, Bob Couch.
SPORTS STAFF: Malcolm Bauer, Asst. Ed.; Ned Simpson,
Ben Back, Boh Avison, Jack Chinnock.
FEATURE WRITERS: Elinor Henry, Maximo Pulido, Hazle
REPORTERS: Julian Prescott, Madeleine Gilbert, Ray Clapp,
Ed Stanley, David Eyre, Boh Guild, Paul Ewing, Cynthia
Liljeqvist, Ann-Reed Burns, Peggy Chessman, Ruth King,
Barney Clark. Betty Ohlemiller, Roberta Moody, Audrey
Clark. Bill Belton, Don Oids, Gertrude Lamb, Ralph Mason,
Roland Parks.
COPYREADERS: Harold Brower. Twyla Stockton, Nancy Lee,
Margaret Hill, Edna Murphy, Mary Jane Jenkins, Marjorie
McNIece, Frances Rothwell, Caroline Rogers, Ilenriette Horak,
Catherine Coppers, Claire Bryson, Bingham Powell.
hart, Margaret Corum, Georgina Gildez, Elma Giles, Carmen
Blaise, Bernice Priest, Dorothy Paley, Evelyn Schmidt..
RADIO STAFF: Ray Clap]), Editor; Barney Clark, George
SECRETARIES—Louise Beers, Lina Wilcox.
National Adv. Mgr., Autcn Rush
Promotional Mgr., Marylou
Asst. Adv. Mgr., Gr ant
Asst. Adv. Mgr., Gil Wellington
Asst. Adv. Mgr. Rill Russell
Anne Clark
Circulation Mgr., Ron Hew.
Office Mgr., Helen Stinger
Class. Ad. Mgr., Althea Peterson
Sez Sue, Caroline Hahn
Sez Sue Asst., Louise Rice
Checking Mgr., Ruth Storla
Checking Mgr., Pearl Murphy
Ruth Van nice, Fred Fisher, Erl Lnbbe, Elina Addis, Corrinnc
I'lath, Phyllis Dent, Peter Gantenbcin, Bill Meissner, Patsy
Lee, Jeannette Thompson, Ruth Baker, Betty Powers, Boh
Butler, Carl Heidel, George Brice, Charles Darling, Parker
Favier, Tom Clapp.
OFFICE ASSISTANTS: Betty Bretsher. Patricia Campbell,
Kathryn Greenw >ocl, Jane Bishop. Elma Giles, Eugenia Hunt,
Gene Bailey, Marjorie Me Niece, Wilia Bit/., Betty Shoemaker,
Ruth Bycrly, Mary Jane Jenkins.
EDITORIAL OFFICES, Journalism Bldg. Phone 3300—News
Room, Local 355; Editor ami Managing Editor, Local 354.
BUSINESS OFFICE, McArthur Court. Phone 3300—Local 214.
The Oregon Daily Emerald, official student publication of
the University of Oregon, Eugene, issued daily except Sunday
and Monday during the college year. Entered in the postoffice
at Eugene, Oregon, as second-class matter. Subscription rates,
$2.50 a year.
The Emerald's Creed for Oregon
" ... . There is always the human temptation to
forget that the erection of buildings, the formulation of
new curricula, the expansion of departments, the crea
tion of new functions, ami similar routine duties of
the administration are but means to an end. There is
always a glowing sense of satisfaction in the natural
impulse for expansion. This frequently leads to regard
ing achievements as ends in themselves, whereas the
truth is that these various appearances of growth and
achievement 'can be justified only in so far as they
make substantial contribution to the ultimate objec
tives of education .... providing adequate spiritual
and intellectual training for youth of today the citi
zenship of tomorrow. . . .
" . . . . The University should be a place where
classroom experiences and faculty contacts should stimu
late and train youth for the most effective use of all
the resources with which nature has endowed them. Dif
ficult and challenging problems, typical of the life
and world in which they are to live, must he given
them to solve. They must he taught under the expert
supervision of instructors to approach the solution of
these problems in a workmanlike way, with a dis
ciplined intellect, with a reasonable command of the
techniques' that i re involved, with a high 'feerise of in
tellectual adventure, and with a genuine devotion to the
ideals of intellectual integrity. . . .” From the Biennial
Report of the University of Oregon for 11)31-32.
The American people cannot he too careful in
e/uardiiic) flic freedom of speech and of the press
against curtailment as to the discussion of public
affairs and the character and conduct of public
men. —Carl Hehurs.
pHOM the clays of the old Northwest ordinance
down to our present time, there has been no the
ory imbedded more deeply in American ideals than
that education is one of the primary functions of
government and therefore deserving of a high de
gree of priority in any program of distributing
funds or any reverse program of proportioning the
degree of retrenchment among competing public
This fact is incontrovertible. Because of it, one
might expect that retrenchments in education would
show a smaller percentage than in any other func
tion of governmental activity not so fundamental
nor so deeply intrenched in ihe very foundations of
American life. Yet, this most certainly has not
been the case. Higher education lias suffered
greater reductions than highways, for example.
The fallacy of this situation is apparent im
mediately. If highway appropriations are abandoned
for a few years, the omission can be made up
easily upon the return of prosperity.
But our young people eome this way lint once.
If they are denied the essentials of education, irre
parable damage will have been done to them that
cannot be repaired upon the return of economic
plenty. Our legislators must remember that. Roads
and bridges can be built any time. The character
and cultural activities of our people can be ad
vanced only once. A generation will be wronged
if the legislature passes the $570,000 reduction in
higher education recently recommended by the ways
and means committee.
There is neither rhyme nor reason to the fact
that higher education, which has offended the least
in increasing public expenditures, should be forced
to sustain a lion’s share of the burden of retrench
ment. Why should this generation shoulder upon
the youth of the state the' load of its own poor
judgment and misfortune?
There is nothing admirable in a willingness to
see higher education placed on the dropping block.
The state hoard should fight all reductions vigor
ously. One of its members K. <’. Sammons has
done so. 'lhe chancellor should exert all his influ
ence to ward off the c uts. There is neither leader
ship nor valor nor wisdom in sacrificing higher
education to tuke care of political exigencies.
The youth of the commonwealth cannot tight
back. If their activities arc cut, they must accept
the reductions in silence. Foi the past two years
higher education ha- been slushed and trimmed
and hacked in this state. Rust weeks expedition
of three University students to Salem was the first
active student protest ever registered, and it could
not begin to compete with the shrewd lobbyists and
trained politicians who represent*other interests.
R is up to the state of Oregon to protect its
youth by defending highei education against fur
ther reductions. The press has contributed valu
able service so far. especially the Morning Oregon
ian, the Journal, and tho e papers published in edit
cational centers. It will be gratifying if the news
papers can help to prevent additional slashes—for
such most certainly would spell the doom of the
efficiency of Oregon’s system of higher learning.
“It seems .... that the ablest men grow
stupid when they get together; and that,
where you have the greatest number of wise
men, there you have the least wisdom. Great
bodies always pay so much attention to minor
details and idle customs, that essentials are
never considered.”—Persian Letters of
OUCH an obvious folly is perhaps the chief diffi
^ culty Oi a mouern democratic system. A sys
tem such as is in practice in our country at present,
assembles, if not the genii, at any rate the pundits,
of the nation. Not only in the national assemblage,
but in those of every state do the wise men meet
with honorable intentions, only to have their visions
obscured and obfuscated by countless eclats of
argumentation and by the efforts of innumerable
pettifoggers with some cause to wage.
It is indeed not surprising, then, to find that
our state legislature has made such steps, cloaked
under the ubiquitous pretext of economy, that to
every clear-thinking man must appear in the light
of mistakes.
A group of worthy men h*ivc been assembled,
each with undoubtedly I he sincerest intentions to
uphold the morale of the state, and yet blinded by
the inevitable mob instinct, they have taken seem
ing joy in cutting at the roots of that very morale
by crippling the higher educational institutions
of Oregon. We must not condemn our statesmen
and legislators too harshly, then, for an act which
they undoubtedly would not have committed if act
ing as individuals.
rNSTEAD of electing the customary one field lead
er, the football team chose two captains for
1933 last night. One was named from the backfield
and one from the line. This action was taken by
the team itself, according to news stories, because
of the advisability of having one hale captain on
hand if the other was injured. As example, the
advocates of the plan point to the numerous games
in which injuries kept Eill Morgan on the bench last
Frankly, we arc dubious over the soundness of
the experiment. Surely there is one man on Ore
gon’s football team outstanding enough to be
elected captain, without being forced to divide the
honor and responsibility with someone else. Split
obligations and responsibility always are unsatis
factory. Also, we believe too definite a line of
demarcation has been created between the line and
the backfield. The next thing we know there will
be a captain for every position.
Look back over the nation's leading football
[ teams for the past decade. Scarcely one of them
I ever was led by co-captains. Each had one field
leader. The Oregon eleven is breaking away from
precedent in selecting two captains. Wc hope the
experiment succeeds, but will be pleasantly sur
prised if it does.
The first Episcopal church at Tampa. Fin... was
organized in 1871.
More than 1,600 roadside markets were operated
in Ohio in the summer of 1932, a survey has shown.
The state senate has refused repeal of the crimi
nal syndicalism law. Be careful what you say, lads
and lassies. The bogey man'll get you if you don't
watch out.
The United States buys from the Far East 95 per
cent of the raw silk used by America, and 97 per
cent of crude rubber.
Production of Louisiana sugar cane for all pur
poses is forecast by the department of agriculture
at 3,591,000 tons.
Rumors are current on the campus that the
people whose pictures grace the Co-op window are
entered in tlie Oregana's contest to select t lie hand
somest man and most beautiful woman. To date
neither we nor the law school have found eor
; raborative evidence.
On Other Campuses
■— - —
They Also Seek KesiiUs
HIC DIFFICULTY of convincing those in power
ol' the necessity of adequate funds for higher
education is not California's heritage alone. The
University of Oregon particularly at the present
time is facing this problem.
In a statement to the legislature, K. C. Sam
mons, chairman of the finance committee of the
state board of higher education, has declared that
if further cuts are to be made it will be necessary
for tlie legislature itself to point out which depart
ment or facilities are to be eliminated. The depart
ments maintained at present cannot be operated
with efficiency if the budget is cut further.
A similar situation faces the University of Cali
fornia. In tlie budget submitted by the regents to
Goverm r Uolph a minimum of operating expenses
were provided for. Yet. the governor demands even
lurther reductions. President Sproul has answered
that tlie future of tlie university is at stake, and
tie is not willing to countenance the maintenance
at a mediocre or inferior level of any departments
of the university.
It would seem then that as in Oregon, if further
cuts are to be made by the legislature, the legis
lators themselves will have to point out what de
partments are to be curtailed; for the president and
board of regents have made an honest effort to
make all reductions consonant with the high stan
dard of tlie institution.
Vet such an action on tlie part of the legislature
would do violence to educational procedure m this
-tale since the founding of the university. The
legislative body has traditionally left to the regents
the administration of the funds granted. Hence,
while direct interference in the university depart
ments by the legislators should never be counten
anced, if Governor Uolph and the legislature are
convinced that further cuts can be made, they
should be sure that they know which departments
can be curtailed before they take any action which
will result ii. the lowering of the university's pres
tige.—U. C. L A. Daily Drum
We Need This - - By KEN FERGUSON
. - t
- ' —---' - TSBB j
The Sword Over Education
(Editor’s note: This ia one of three articles sent to the Emerald by Glenn
Frank, president of the University of Wisconsin, following the trip of three
Oregon students to the state legislature' protesting against indiscriminate j
cutting of higher education in general and faculty salaries in particular.)
(F'resident of the University of
A SWORD hangs over education
in Wisconsin and throughout
the nation. To prevent that sword
from sinking to the vitals of the
j whole enterprise of education,
( budded of the blood and sacrifice
! of pioneers, will demand the ut
imost of statesmanlike co-operation
j between tiie leadership of school
and the leadership of society. This'
! sword is but sign and symbol ofi
the peril that confronts all of the
(social and cultural enterprises of
our common life in this phase of
profound economic depression
| through which we and the world
(arc passing.
| I want to state, with the utmost
(brevity, just what this peril is and
! to define, if I can, the problem it
puts alike to the leadership of
school and the leadership of so
The sword that hangs over edu
i cation and the other social enter
prises of government is tlie sword
of imperative retrenchment forged
in the fires of an irrational depres
sion. The peril lies not so much in
the existence of the sword as in
the way we may wield it.
That economy drastic beyond
anything we have been accus
tomed to think, is imperative in
the conduct of local, state, and na
tional affairs no intelligent man
will question. Since 1929 our in
come has gone steadly down and
! our outgo has gone steadily up.
! The expenditures of local, state,
and national government, when re
lated to the toboggan slide down
I which the national income has
j raced, have bent the back of the
American people. Either the bad;
: must be strengthened or the bur
den must be lightened. For a na
] tion cannot long endure a consis
tently falling income and a con
sistently rising outgo.
* * is
1 It is confessedly a critical situa
tion t lint confronts us. A year ago
(Americans were putting slightly
less than one out of every four dol
lars they earned into the enter
prises and obligations of local,
(state, and national government.
; When tDo books of the current
, year are balanced, we may find
that we have surrendered one on',
of every three dollars of income
to the enterprises and obligations
of government. According to the
publications of tlie Wisconsin Tax
payer's Alliance, in 1928 approxi
mately 11 per cent of the national
income went into taxes to carry
the enterprises and obligations of
government. In the current year.
1932. it is estimated that approxi
mately 33 per cent of the national
income will go into taxes to carry
the enterprises and obligations of
government. There are those who
would have us believe that this
dramatic leap of the tax draft on
national income from 11 per cent
to 33 per cent in four years is due
solely to an unintelligent and un
justUied development of the pub
lic services of organized govern
ment. That misconception must be
exposed at the outset unless public
thinking on the scientific, social,
and educational enterprises of gov
ernment is to be gravely muddled
and grossly misled.
The man in the street, hearing!
of this rise in the tax draft on na
tionnj income from 11 per cent to
iv>,*> per ceul 111 lour year?, is all
. too-likely to think that the cost of
J the public service of government
has trebled in that time. Obviously
that is not true. Had the national
income remained steady at the
j 1928 level, the tax draft on nation
i al income would today be about 18
per cent instead of 33 per cent.
The factor that lifts it to 33 per
cent is the dramatic drop in the
national income due to the eco
nomic muddling that landed us in
the current depression.
sj« i*
I am quite aware that this does
not remove the stubborn fact that
a 33 per cent tax draft on national
j income is a serious matter with
' which political, social, and econom
j ic leadership must wrestle. It does,
I however, suggest that the blame
for the large proportion of the na
I tional income now going into taxes
i cannot justly be placed upon the
shoulders of political, social, and
educational leadership, but must,
to a very material degree, be
placed squarely upon the shoulders
of the economic leadership that
proved incapable of steering our
economic ship past the shoals of
Unless this fact is kept clear we
shall sec an uninterrupted increase :
in a type of propaganda that will
brand, with insulting scorn, self- j
sacrificing public servants as
greedy and grasping payrollers, a
now popular sort of propaganda
which if persisted in, will divert
men of capacity and self-respect
from public service for a genera
tion to come. And it will be our
children who will pay the price of
this diversion.
Do not misunderstand me. Upon
the fact of the imperative neces- j
sity for economy in public expendi
tures there can be no disagree
ment. I insist only that the situa
tion challenges us to effect that
economy with statesmanlike fore
sight for the future of community,
state, and nation. It is possible to
be quite as short-sighted in admin
istering economy as in allowing
extravagance. And just because
there is this possibility of short
sightedness n the administration
of necessary economy a grave na
tional danger lurks in our current.,
concern with economy. We can so
easily economize blindly or let lim
ited interests dictate the schedules
of retrenchment. We dare not be
gullible. Alongside the foresight,
intelligence, and sincerity behind
the insistence that we establish a
sounder relation between our in
come and our outgo, there is much
blindness, blundering, self-interest,
and sheer insincerity in the almost
hysterical campaign against pub
lic expenditures now sweeping the
nation. By all means let us give
prudence a permanent seat in our
public counsels. By all means let
us stop waste. But let us be sure
that it is real waste that we are
stopping. Real economy may mean
national salvation. Bogus econ
omy may mean national suicide.
(To be continued tomorrow)
Jim Emmett selects: David Eyre,
because he considers him one ol
the ten best dressed men on the
This column is hereby dedicated
to all those brave souls who dared
the elements, the time of day, the
trouble, and went to Dime Crawl.
Thin dimes squandered for a
good cause; a biting wind; snow
whipping about your legs; slippery
streets; slippery steps; ice glit
tering on the branches and twigs
of all the trees.
V n
Time war. when the co-eds
dressed for the crawl. Nowadays
they don't. The Alpha Chi Omega
house . . . dictinctly collegiate,
short slight girls. Most of them
have bobbed hair. They use little
make-up. They dance as if they
enjoy it. Distinctly nice. The kind
of girls who do the kind of things,
Of the Air
Today, and henceforth every
Thursday at 12:15, Jessie Steele
women's editor of the Oregon
Daily Emerald, will supplement
the regular news program with a
complete coverage of the newly
inaugurated women's and society
Hearken, ye co-eds. in the midst
of your meal to the words of the
women's editor!
Assault and Battery
-Parks Hitchcock
IT IS reported that a certain
* radio station in the Middle
West was overheard the other
night to make this announcement:
“The next number by Billy .
and his orchestra will be a special
request for the girls of Kappa
Alpha Theta at the University of
Colorado, ‘Theta Lips, May You
Never Grow Cold." Snap it up.
IP » »
(Headline. Ore. Daily Emerald)
How quaint. We've been heal
ing a few ourselves.
ip * **
We select for Lemonade: Phoebe
Thomas, be ause she ,ean eat so
We understand that the zoology
department ha ; ordered *amc dog
fish sharks from California. Pos
sibly they intend to put them in
competition with such men as the
illustrious law school quintet. Eva.
Langtry, Huston, Yerkovich, and
Me Noble.
Now that all this ruckus about
the gym system has come up, we
think it appropriate to mention
the brand new swinging doors
they’ve put in on the men's show
ers. Looks like the entrance to a
. aloon. W e don’t want to encour
age that sort of stuff. Maybe
somebody like Jake Stahl or Jim
Dutton might stumble into the
swimming pool oy mistake some
dark night.
Jim (Java) Smith bragging about
Great Britain’s possessions.
Paul Washke smiling. . . . Gail
McCredie giving us the old swag
gti ... Will Wick wrestling, . . .
Bud Pozzo looking 'em over.
act the way you expect college
girls to act.
Particularly note: Helene Ferris
in a cross-barred frock of rose
wool crepe with big puffy sleeves
to the elbow. She wore brown kid
slippers, had short bobbed hair. A
lot of fun. Helen Barclay in a
jade green blouse. Orville Thomp
son appeared in his grey polo coat, j |
* * *
The Pi Phi house: more sophis-j
ication here . . . more long hair'
lone high off the forehead. Sev
ral silk frocks; ear-rings. People
warming here, there. The Phi
Oelts noticeable . . . Phil Ham
nond dancing with M a r j e r y
Ichaeffer; Harley Coleman, new |
Particularly note: Mary Eliza-,
beth Lacey, very charming, tali,
slender, in a powder blue boucle j
trimmed in white with big glass j
buttons running down the front of
the blouse. Jean McConnel, wear-1
ing one of the new spring frocks
of soft grey rabbit’s wool with a
bodice of sherbet pink.
# * *
Alpha Gamma Delta: Lamps
turned down, music from the den.
figures whirling in front of me.
quiet laughter . . . Guy Stoddard,
Cupoletti.'Mike Mikulak all dressed
up and looking strangely happy.
Particularly note: Lane Opsund,
tall blond, superb figure, graceful
dancer . . . wearing a knitted
sweater of white, a skirt of blue
tweed, a pair of golf shoes. Looked
like Miss 1933.
Delta Zeta: Here were dinner
dresses . . . long sleeved informals. j
Most of the girls wore their hair
curled, long bobs. Mostly bru-;
' nettes.
Particularly note: Maxine Mor
tcnsen, study in browns, nonchal
antly leaning against the piano
listening to the music. Wore a
frock of Havana brown with wide
leather belt, slim-heeled brown kid
ai * sis
Delta Gamma: sport clothes,
plenty of room, lots of light. De
lightful air of informality and hos- I
pitable graciousness. Charming I
place to entertain, warm recep- j
tion. Everyone appeared to be en
I joying himself.
Particularly note: Dainty Vir-j
ginia Proctor, becomingly garbed,
in sport dress of brown, the top
and sleeves woven in zebra stripes
of orange and yellow. Louise Car
penter in hyacinth blue. Jake!
Stahl dancing with Ramona Gros-:
ser, Bob Seufert in evidence.
❖ * *
Alpha Omicron Pi: most home- j
like sorority house on the campus.
Every one in school clothes. A
very clean and scrubbed look about
everything. No one especially ex
cited . . . treated the men like “the
j boy next door.’’
Particularly note: Ned Kinney;
and Marion Vinson talking instead
of dancing: Violet W’alters, blond,
sinuous, wearing a colorful sweat
er of red, blue, and white, bi
zarrely striped; the infectious
smile and orange tie of Peggy Mc
Kie, the silver-white hair of Mrs.
Lucy Abrams.
* * *
We Select for Promenade :
George Reischmuller, because he
wears immaculate cords and an
English tie pf brown and white
pin-checked wool.
I _
Following are the answers to
the series of legal questions sub
mitted by Wayne L. Morse in the
regular “Questionnaire" column
Tuesday. Did you click on any of
them ?
1. Section 9-1911 o. the Oregon
Code 1930 provides in part that in
impeaching a witness “it may be
| shown by the examination of the !
witness or the record of the judg
! ment that he has been convicted of
a crime." However, the Oregon
| supreme court in 58 Or. 116 hasI
held that a conviction under a mu
nicipal ordinance is not a convic
tion of a crime within the meaning 1
of section 9-1911 providing the
manner of impeaching a witness.!
The court states; “The constitu
tion of Oregon makes provision
that in criminal laws there shall!
be uniformity . . . The ordinance
under which the criminal proceed
ings were brought is unquestion
ably not a general criminal law of
the state, but a local law, and an
infringement of its provisions is
i necessarily punished in a sum
mary manner. A conviction under
a municipal ordinance, therefore,
jis not a conviction of a crime with-,
in the meaning of section 863, L.
O. L. (sec. 9-1511, Oregon Code
1930'." Therefore X would not be
guilty of perjury because he did
not swear falsely.
-• Technically, the plan would
be in violation of the laws against
lottery. In 42 Or. 318 the Oregon
I supreme court states: "The terra
i “lottery has not technical legal
meaning, but the courts adopt the
generally accepted definition in
popular use. Webster says that it
is “a scheme for the distribution
of prizes by lot or chance; esp., a
j gaming scheme in which one or
j more tickets bearing particular!
numbers draw prizes, and the rest1
j °f the tickets are blanks" ' j
In all these cases as well as in the
definitions to be found in the
books, it will be observed that one
essential ingredient of a lottery is
Ithe element of chance, by which
1 'U1UC Prize or other thing of value!
in excels of that paid for by the
A Decade Ago
From Daily Emerald
February 9, 1923
Prairie Poet
Carl Sandberg will be welcomed
o the campus February 23.
* * *
Oh, Susanna!
Crisply brown flapjacks of forty
liner fame were flipped out to the
hungry crowd that watched the
costumed initiation stunt of the
:wo neophytes of G. & M., the na
ionnl geological society.
4* 4s
Fire Hazard
No papers and castaway mate
dais below stairs at fraternity
louses is a new safety rule made
ifter a recent campus inspection
by Deputy State Fire Marshall
Horace Sykes..
* * *
Don't Dunk
The interfraternity council has
favored the curtailment of the
doughnut sports program. Some
time ago the Emerald brought up
the objection that intramural
sports were taking up too much
time from the individual members
it the houses.
purchaser is distributed to the
holder of a ticket or other desig
nated person by some means, the
result of which human foresight or
sagacity cannot foretell . . . There
cannot, therefore, be a lottery
without this element of uncertain
ty or chance. If the power of rea
son or will is exercised upon the
selection, then there is no lottery.”
Therefore, inasmuch as the plan
set out in the question is based
upon lot and chance rather than
upon skill and reason, it would
constitute a lottery scheme.
3. Oregon statutes provide that
a private person may without a
warrant arrest a person,—1. For
a crime committed or attempted
in his presence; 2. When the per
son arrested has committed a fel
ony, although not in his presence;
3. When a felony has in fact been
committed, and he has reasonable
cause for believing the person ar
rested to have committed it. See
Sections 13-2116 and 13-2111, Ore
gon Code 1930. Therefore A is not
only guilty of an assult upon B,
but is also guilty of resisting a
lawful arrest.
4. The student would not be
guilty of bribery and the profes
sor would not be guilty of accept
ing a bribe. Section 14-405 of the
Oregon Code 1930 provides that
“if any person shall corruptly give,
offer, or promise to give any gift,
gratuity, valuable consideration, or
thing whatever, or shall corruptly
promise to do or cause to be done
any act beneficial to any judicial,
legislative, or executive officer”
he shall be guilty of bribery. A
professor is neither a judicial, leg
islative or executive officer within
the meaning of this statute. At
common law the crime of bribery
was at first restricted to the ad
ministration of justice and then
extended to the administration of
government. A liberal interpreta
tion might extend it, possibly, into
other fields.
Interesting enough, sections 14
412, 4-413, 14-414, and 14-415 of
the Oregon Code 1930 specifically
provide for the statutory crime of
bribery of baseball players, um
pires, managers, and directors.
5. X would be under no legal ob
ligation to assist B who was in
jured by A’s automobile, neither
would he be under any legal obli
gation to give chase to A and at
tempt to arrest him. In such situa
tions the law deems that X is un
der only a moral obligation. It is
true that every criminal law legal
obligation is based upon a moral
obligation, but every moral obli
gation is not also a legal obliga
tion. If X, however, proceeded to
help B and then failed to act as
a reasonable man would act under
like or similar circumstances, he
would become liable for any negli
0. If B died from scarlet fever
rather than from the wound, X
would be liable only for wounding
B and not for his death. The test
usually applied in such cases is a
question of remoteness. It is true
that B probably would not have
died from the scarlet fever if he
had not been wounded by X and
sent to the hospital, but on the
other hand the courts consider
that the direct cause of the death
in such cases is the intervening
cause, scarlet fever. Suppose,
though, that B had died from pneu
monia instead of scarlet fever
then probably X would be liable
because it would be demonstrated
that the wound was a direct cause
of the pneumonia and the death
was thereby a direct result from
the wound. If, instead of dyin"
from scarlet fever B's condition
vvas aggravated by a second wound
inflicted by Y, both X and Y might
be liable for the death of B. The
cases are in dispute. It is submit
ted though that the better rule is
‘hat if both X and Y inflicted mor
tal wounds, though one wound was
inflicted subsequent to the other,
both X and Y should be held liable
for homicide, because the life of
the deceased did not cease to ebb
away merely because a second
wound also ebbed it away. It is
true that a man cannot be killed
twice but. as courts have said, two
men can kill another.
France campaigns against dirt
1 > consuming 24.000 metric tons
l cleaning and scouring powders