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