TIIE HORNIXG OREGONIAIT, TUESDAY, APRIL. 11, 1016. OREGON TEN-HOUR LAW TO BE ARGUED Lakeview Case Scheduled for Early Hearing Before Fed eral Supreme Court. BRIEFS DEFINE ISSUES Statute ' Assailetl as Violation ot fourteenth Amendment; De fended as Proper Kxereise of Police Power of State. OREGONIAN NEWS BURKAU, Wash ington, April 10.- Arugument will be heard before the United States Supreme Court in a few days in the Oregon 10-hour law case, known as Franklin O. Bunting vs. the State of Oregon. Attorney-General Brown will submit the case for the state and TV. Lair Thomp son, of Portland, for the plaintiff. Briefs on both sides have been filed and indicate generally the lines of the ar gument. The case arises from the decision of the Oregon Supreme Court affirm ing judgment of the state court in Lake County, holding Bunting guilty of hav ing violated the 10-hour law. in that he required George II. Hammersly to work more than 10 hours a day in the Lakeview Flouring Mills and refused to pay him time and one-half for the time he worked in excess of 10 hours. Mr. Thompson a.ssails the Oregon law as being in violation of the 14th amend ment; the state contends the 10-hour law is a proper application of the police power of the state. Validity of I.nw Quetined- Mr. Thompson's brief sets up six sep arate contentions, as follows: "That the state cannot interfere with labor contracts between adult male persons of ordinary intelligence, which do not affect the public, by regulating hours of labor, unless there is a reason able ground to believe such employment is of unusual danger to health. "That the Oregon 10-hour law is a wage law not a health law and takes the- property of the plaintiff without due process of law. "That a division of employers of labor in mills, factories and manufacturing establishments into a class separate from other employers, is unreasonable classification. "That the provision for time and one half for overtime is not saved by the assertion that it might aid in detect ing violations. "That the Oregon act is both reme dial and penal and as to the penal pro visions must he strictly construed. "That the Oregon act is so inter dependent in its provisions that if it is found repugnant to the Federal Consti tution in any respect the entire act must fall." AVfirld'H KAperirnee Reviewed. The State, in its brief, prepared under the direction of Louis D. Brandeis, re views labor legislation. American and foreign, and recites the "world's expe rience on which the limitation of hours of labor is based." "The sole question presented," says the state brief, "is whether this Oregon 10-hour law is unconstitutional because in conflict with the J4th amendment. The assertion by the state of its police power is challenged by the assertion of 'liberty' as safeguarded by the 14th amendment." The state's brief con tinues: "The question, therefore, is no longer can the state regulate the hours of la bor in modern industry, but what evils are manifest, what tendencies are dis closed, the present and reasonable field for legislative repression, what reme dies are available, that present a reason able field for legislative encourage ment. This field of reasonable action is tho state's police power: to this sphere of statesmanship the 14th amendment offers no barriers." PAROLE ACTION PENDING Appeal or .Mrs. Kersh Held I'p for Month by Hoard. SALEM, Or.. April 10. (Special.) The State Parole Board deferred action for one month on the request for a parole of Mrs. Carrie Kersh. serving a WHY HAIR FALLS OUT Dandruff causes a feverish irritation of the scalp, the hair roots shrink, loos en and then the hair comes out fast. To stop falling hair at once and rid the ecalp of every particle of dandruff, get a. 25-ent bottle of Danderine at any drug store, pour a little in your hand and Tub well into the scalp. After a few applications all dandruff disappears and the hair stops coming out. A CHILD DOESN'T LAUGH AND PLAY IF CONSTIPATED Look, Mother! Is Tongue Coated, Breath Feverish and Stomach Sour? 'California Syrup of Figs" Can't Harm Tender Stomach, Liver, Bowels. Mother! Tour child isn't naturally cross and peevish. See if tongue is coated; this is a sure sign its little stomach, liver and bowels need a cleansing at once. When listless, pale, feverish, full of cold, breath tad, throat sore, doesn't eat, sleep or act naturally, has stom-acn-ache. diarrhoea, remember, a gen tlo liver and bowel cleansing should al ways be the first treatment given. Nothing equals "California Syrup of Figs" for children's ills; give a tea spoonful, and in a few hours all the foul waste, sour bile and fermenting food which is logged in the bowels passes out of the system, and you have a well and playful child again. All children love this harmless, delicious "fruit laxative," and it never fails to effect a good "inside" cleansing. Direc tions for babies, children of all ages and grown-ups are plainly on the bot tle. Keep It handy In your home. A lit tle given today saves a sick child to morrow, but get the genuine. Ask your druggist for a 50-cent bottle of "Cali fornia Syrup of Figs." then look and tee that it is made by the "Caliiornia J- ig Syrup Company." Adv. penitentiary sentence of from one to 15 years for her alleged connection with the slaying of William Johnson in Portland five years ago. Mrs. Kersh presented an affidavit to the Board from Jesse Webb, sentenced to life imprisonment for killing John son, in which Webb absolves his alleged accomplice from blame. He declares she is innocent. Mrs. Kersh has al ways maintained her innocence. It is not unlikely that Mrs. Kersh will be recommended for parole when the Board meets next month. She has al ready served five times her minimum sentence. She is now 35 years of age, but prison life has turned her hair gray, and today, when she appeared before the Board to plead her case, she appeared a woman of 45 or 50. Cases of Hazel Irwin and Willard Tanner, serving from one to 15 years for killing a man named Wallace in Portland four years ago, were contin ued for one year. On recommendation of Governor Withycombe the Board adopted the new "merit system" of paroling con victs. By this plan prisoners who have been made trusties will be automat ically paroled at the expiration of their minimum sentences. Out of 10 cases considered. 45 were made trusties and 15 recommended to the Governor for parole. YEAR'S RECORD IS GIVEN MAYOR BELL. COJIJIESTS ON BE ELECTION OK OFFICIALS. Expenses Lraa by $551 Than for Pre ceding; Period, and $26,000 of Bonds Are Retired. EUGENE, Or.. April 10. fSpeciai.) Mayor W. A. Bell, at the close of his first year in office, tonight read a re port upon the work of his administra tion at a meeting of the City Council. As proof of confidence by the people in the city government, he called atten tion to the fact that every member of the Council whose term of office expired this Spring was re-elected. These Councilmen, who took .the oath of office for the second time tonight, were C. P. Devereaux, E. Koppe, E. B. Parks and B. F. Goodpasture. The Mayor's report reveals that dur ing the year J4S.5S4.78 was expended from the general fund, $551.76 less than the previous year. In discussing street paving he rec ommends that the city arbitrarily limit the price for hard-surface paving to $1.35 a yard. During the year 1.59 miles of paving have been added to the city's paved area, 3.S7 miles of cement side walks have been constructed and 4074 yards of sewer have been installed. April 1, 1915, the outstanding bonded debt of the city was $683,340; April 1, 1916, this amounted to $657,840.45. He recommends a uniform system of permanent bridges over the mill race at all street crossings. LYDA RE-TRIAL BEGINS Man ait Ilillshoro Cliargcd Willi At tack on au&liter. IIILSBORO, Or.. Apri! 10. (Special.) The second trial of William H. "L.yda on an indictment charjiinfjr criminal attack upon his own daushter was begun this mornins in the Circuit Court, and the day was devoted to the securing of the jury. The trial is ex pected to consume at least t hree days. The indictment was returned in 1114 and the first trial held in March. 1915. the jury disagreeing. The defendant is an old resident of the county, and lives in the Thatcher district, near Forest Grove. Because of his promi nence there was widespread interest in the first trial, which was intensified at its conclusion by the suicide of the wife of the defendant. The daughter, who Is the prosecut ing witness, is married. ALFALFA WEEVIL FEARED Utah Governor Calls Conference to Combat Pest in West. SALT LAKE CITY, Utah. April 10. Governor Spry issued a call today for a conference on control and eradica tion of the alfalfa weevil, to be held here April 20 and 21. The states of California. Washington, Oregon, Idaho, Nevada. New Mexico, Colorado, Mon tana, Wyoming, Arizona and Utah are expected to participate in the meeting. Alfalfa weevil exists in portions of Utah, Idaho and Montana, as a result of which other states have declared an embargo against agricultural prod ucts from the affected regions. Tho weevil is slowly spreading to other regions by means not subject to human control, the call says. QUEEN - CANDIDATE NAMED Klamath Girl Is Entered in Rose 1'cstival Content. In a contest conducted by the Com mercial Club of Klamath Kails, which closed yesterday. Miss Waive Jacobs was the choice for queen of the Port land Rose Festival. Miss Jacobs won out over a dozen other young women. The result of the contest was tele graphed to headquarters of the Hose Festival Association last night. With Miss Jacobs' entrance into the contest there are now 10 candidates, six of whom reside in cities outside of Portland. CLUB TO HEAR WAR TALK Dan J. Malarkoy to Speak Refore AVinsed "M" Tonight. Dan J. Malarkey will be the speaker in the Multnomah Amateur Athletic Club gymnasium tonight. He has just recently returned from Europe, and he will discuss "Observations Taken From the War Zone and the Lessons I have Learned Therefrom." The lecture is open to both men and women members of the winged "M" in stitution and their friends. Mr. Malar key will start his talk at 8:15 o'clock. 600 SUNDAY PAPERS SOLD Willaniette-Paciric Train Brings The Oregonian to Marshfield. MARSHFIELD. Or.. April 10. (Spe cial.) Six hundred Sunday Oregonians were sold on the streets of Marshfield yesterday afternoon after the arrival of the Willamette-Pacific at 3:30. Uno Richards, a 12-year-old news boy, disposed of 64. Best Spelling Pupils AA'in Xcw Togs. KLAMATH FALLS. Or., April 10 (Special.) J. Frank Adams and his son, J. Frank, Jr., were so pleased that the champion speller of Klamath Coun ty -was Harold Todd, of Dodd Hollow, in which the big Adams ranch is situated, and that the third prize was won by Audrey Howell, of Merrill, which is in their general neighborhood also, that they brought these young folks to this city and outfitted them completely with new clothes. The elder Mr. Adams bought the suit and other clothes for the boy and J. Frank, Jr., presented the girl with her additional prizes. AI 11 tor Today and Tomorrow Now Only $5 Down All for $81.20 On Sale Today and Wednesday Confidential Terms for Balance as Best Suits Each Purchaser's Convenience This New Victrola completely equipped jfr all for $81.20 Victor X 16 selections on eight 10-inch 75c double-faced latest Victor records and 700 best Victor needles, assorted, for all purposes. BroadAvay at Alder 'all the makes and all the records always" RIVERS BILL INTACT House Accepts Oregon and Washington Appropriations. MODIFICATIONS ARE MADE Measure Expected to Pass To morrow AVaters Between Mouth of AVillamette and Vancouver Included In Provisions. OREGONIAN NEWS BUREAU, Wash ington, April 10. The House of Repre sentatives tonight agreed to all Oregon and Washington appropriations in the river and harbor bill, in the amounts reported by the river and harbor com mittee. On t"he motion of Representa tive Johnson, of Washington, the Co lumbia and Ijower Willamette project, for which $360,003 is appropriated, was modified to include that stretch of the Columbia between the mouth of the LEWIS-WILEY O WN "77ungs are getting ''fetter "There is absolutely no reason why the West shouldn't share in the pros perity now being enjoyed by the East. The condition is so general that nothing can stop it from reaching the Pacific Coast. In fact, my observations on my present trip and reports from our repre sentatives out here indicate that West ern business is healthy, and is becoming better every day." This is the statement Avhich Hugh Chalmers, the well-known Eastern man ufacturer, made Sunday on his visit to Portland, after a tour of the country studying business conditions. Far-sighted people realize the profit of immediate action in the buying of property before prices go up as the result of better business. Prospective buyers of homes on West over may now profit by most attractive terms in the buying of lots, the building of homes, or both. Learn more .about this financial aid plan. SELLING REPRESENTATIVES E K). CI Scord Floor-title $81.20 ! I Willamette and Vancouver. Sn "91 amendment was indorsed by the mittee and is designed to permit the use or a small amount for dredging off a hump in the channel. The long debate in the house over the bill virtually was completed to day and house leaders expect the measure to pass tomorrow. All the items have been approved practically as framed in committee and only some minor points involving methods of survey and contract details remain to be threshed out. Most of today was occupied with dis cussion of the Mississippi River ap propriations, which amount to 8,000. 000. and those for the Missouri, ag gregating $1,750,000. Various unsuccessful efforts were made to cut down the totals. Republi cans charging the majority with "pork barrel methods" and Chairman Spark man of the river and harbor com mittee defending the measure. The bill carried a total of about $40,000,000. HOUSE BURNS; TWO HURT Farmhouse Near AVasco Destroyed After Gasoline Explodes. WASCO.' Or.. April 10. (Special.) The home of L. It. Walsh, four miles northeast of Wasco, was destroyed by fire last night. Bert Walsh and Mrs. L. R. Walsh were severely burned about the hands and arms while at tempting to extinguish the flames. Or. HYDRAULIC CO. E R S & Co. ImTTTTTt r.d Trjt Bid 5-L,-'f W. X. Morse rushed to the scene in an automobile and attended the injured people. The fire was caused by an explosion of gasoline which was being poured into a lighted lamp. The loss is par tially covered by insurance. METHODISTS TAKE OPTION Itev. S. A. Dan ford to lie Pastor ol Xcw Irvingtou Cliurch. The Methodists have secured an op tion on the property formerly occupied by the Westminster Presbyterian Church at East Tenth and Weidler streets. and will institute a new church to be known as the Irvington Methodist Episcopal Church. Th property is located in a noichhnrhnod Lv. Chicago Lv. Englewood At. New York Weitboi Lv. New York Ar. Englewood At. Chicago , LOO ' 4 OnO - - I. f I f I ! 1 ; kead mk shouUeis alave any yoweseet Jbrtkt "&ssar" Union; Surtr $1 to 450 Q far from other churches of the de nomination. '. Itev. S. A. Danford. D. D., will take charge of the pulpit and begin his ministry next Sunday. Dr. Danford is .now conducting revival meetings at Tacoma. He was district superintend ent of Llismarck. N". D., for six years; superintendent in the Karfjo district, and prior to that pastor in Jameston, K. D., for six years. Mrs. Danford also is a prominent worker. NORTH SIXTH MEN UNITE Merchants Organize to Promote .Mutual Interests. Business men on North fcMxth street, comprising that porl.lon of the street 12:40 noon t J S- s!,w 9:40 a.m. f s J 2:45 p.m. f f f s 9:22a.m. f fl O J H. 1 20 EK1GURS Pennsylvania Dunlaps$5 Brewers5 3 noeum 2" Morrison at fourth1 between Ankony flu ot and the Union Depot, met last night at the Barr Ho tel and effected a temporary organiza tion for the advancement of their mu tual interests. They propose to take the steps necessary to improve the street extensively and to attract fur ther business. K. J. Kathhun was elected president and T. K. Kllinser secretary. Another meeting will be held next Monday evening. UraiKleis Action Deferred. WASHINGTON. April 10. Action on the nomination of Louis D. Brandeis for Supreme Court Justice today was deferred for a week hy the Senate judiciary committee. Delay was agreed upon because of the desire of Senators to hear the debate on the free sugar repeal resolution. Read The Oresron ia n classified ads. For particulars address . 5. CAMPBELL. District Agent, Railway Exchange Bldg.. 105 Third SL Phonps: Main S707 Automatic, A 4 5 PORTLAND. OREGON Fir J