THE HORNING OREGONIAN, WEDNESDAY, MARCH 3f, '1920 ' 8 IS UPHELD BY CQUR 0C0LATE SALT LAKE Use of Washington Public Funds Declared Legal. LAW VALID IS OPINION VETERMiS SWEE 3 jmmm reww...-. :Mi'!w'rw-TWry J11-'"'J. .IS!,,' ' r - 1 .. .. : ' t t s , ' - : .Jh,r 1 t Auditor's Objection to Issuing Warrants in Payment for Iand Is Overruled. OLTMPTA. Wash, March 30. (Spe cial.) Validity of the land settle ment act, passed by the 1919 legis lature to provide farms for soldiers, was upheld by the supreme court to day in an opinion written by Judge Eramett N. Tarker and concurred in by Judges Tolnian. Bridges, Mitchell, Main and Fullerton. Chief Justice O. R. Holcomb in a separate opinion concurs in the conclusion reached ii the majority opinion. Judges Mack lntosh and Mount dissent. Constitutionality of the act was at tacked by State Auditor C. TV. Clau sen, who refused to, issue warrants for payment of land purchased by the land settlement board for the purpose of carrying out the provisions of the act Railway Leginlatlon Cited. Clausen contended that tne act vio lated the constitution in that It sought to. take public funds raised through taxation process for private purposes, maintaining that the de velopment of unimproved land for sale to private individuals did not constitute a public purpose within the meaning of the constitution. The majority opinion of the court was based upon the adoption of the theory that the development of un occupied land under a policy wjjich encourages the settlement by home owning farmers will materially con tribute to the welfare of the people as a whole, increasing the wealth of the state and making for better citizen hip. Legislation of half a century xzo by which aid was given to the building of railroads was cited by the court as an example of this theory of legislative development for public purposes. To the objection raised that tke legislation is designed to benefit pri vate individuals rather than the peo ple as a whole by reason of the fact that preferencee is given to ex-sol diers. sailors or marines, the court cites the fact that if this argument holds good no pension legislation would ever have been possible. Judge Mackintosh in a dissenting opinion drew the conclusion from the majority opinion that the court will not declare unconstitutional an act which calls for the collection of taxes to be used in the purchase and im provement of lands to be sold to pri vate individuals, for the reason that the legislature has decided that such taxation is for public purposes. "Courts have found this an easy way to Justify the laying of taxes to be utilized in ways that appeal to them as beneficial or agreeable to their Ideas of proper commercial or economic development. Reasons for Dissent Given. "The purpose of the act may be highly commendable and did It not call for the payment from the pock et of the taxpayer of money in the possession of which he is supposed to be protected by constitutional lim itations, as a land development plan, it would merit the approval of those interested; but to call it a public purpose is to stretch to the breaking point all fundamental ideas of what is meant by the term," Judge Mack intosh said. I cannot agree that a public purpose is being served by this attractive bit of paternalistic leg islation," he added. Judge Mount joined In the dissent ing opinion. The legislature at Its 1919 session passed the land-settlement act to provide means whereby soldiers, sailors and marines who served in the war against Germany, and also industrial workers and other American citizens, might settle upon and become owners of small improved farms. The state reclamation boa yd has been authorized to carry out the provisions of the act and a revolving fond of $150,000 was appropriated out of the revolving fund of the state reclamation service to enable the board to put the plan in operation. li"-'f,:Wfe JAMA I William RoMsell row," TODAY'S FILM FEATURES. Rivoli Lieutenant Locklear, In "The Great Air Robbery." Majestic Pauline Frederick, In "The Peace of Roaring River." Peoples Elsie Fergyson, "His House in Order." Liberty D. V. Griffith's, "The Greatest Question." Columbia William Russell, In "The Valley of Tomorrow." Star Thomas Meighan and Glo ria Swanson, "Male and Fe male." Circle Enid Bennett, In "The Woman in the Suit Case." Globe Marguerita Fisher, "Put Up Tour Hands." In a scene from his new picture, "The Valley of Tomor which will open at the Columbia theater today. sign from active work because of 111 I health. He is now in California. 1 Success of the Portland Liberty theater in "putting -across" big mo tion picture productions of the year has reached the ears of E. J. Hudson, publicity director of the First Na tional Exhibitors' circuit. Mr. Hud son has written asking for detailed account supplemented with pictures of the way in which "The River's End," the first Independent Marshall Neilan picture. Is exploited. These pictures and suggestions will be sent to exhibitors in other cities to aid them during their showing of the film. Plans are already under way for its showing in Portland during April. V ONE PARADE TO BE HELD Travelers to Have Only Event of Hind This Summer. A great Industrial parade will be held in connection with the Travel ers" Protective association convention in June, it was announced officially yesterday. This will bo the only event of the kind this summer, aa the Rosa Festival association, which here tofore has staged one, has consented to give this feature over to the other organization this time. No entrance fee will be charged, and all Indus tries and fraternal orders are invited to participate. There has been a little confusion ever the arrangement, some thinking there are to be two Industrial parades. Others have the impression that an entrance fee is to be charged. Both are erroneous. THE BATTLE WON Confidence in your physician or the tonic that he may prescribe, is half the battle won. The consistent use of SCOTT'S EMULSION always begets confidence in those who take it Scott's is . a tonic-nutrient recom mended by physicians everywhere. Let SCOTT'S help you win your bavttlat against weakness. feett Bowse, Blosafleld, W. J. O-ls Eyesight Dim? If your eyesight is dim, your vis Son blurred; if your eye ache, itch, bora or feel dry. get a bottle of Bon 0?t tablets from your druggist dissolve on in a fourth of a glass ef water and vam to batbe the eyes frees two to four times a day. Bon Opto has riven stronger eyes, clearer, sharper vision and reSef to thousands. Hater. Doctor, aar BBB-OpUstw.nlhess ers- ML HI I JU. HE VALLEY OF TOMOR ROW." which the Columbia theater Is featuring the re mainder of this week, has been aptly described as "a drama of conflicts.' It is a gripping human story of the soul-growth of a man who finds that the man he is obligated to kill is the very man who has saved his life, and that the girl he loves is the sister of the man through whom his own little sister was brought to the shame and dishonor that led to her death. Love and personal gratitude come to grips with the claims of family honor. Lpon blm is tne weight of an ancient clan's traditions. His kins men, infuriated by indecision, clamor for the quick execution of rude justice. A way out of his dilemma occurs to the hesitant avenger, struggling with nis new-born sense of a bigger justice than his old creed of "eye for eye" hearing even above the primitive call of vengeance the auiet whisner of something finer. Into the lap of the gous ne nuns his trembling prev. But wisely the gods refuse the re sponsibility. The man's spiritual re birth is not yet complete. There are still harder tests before he can free himself from the cramping grip of the past and stand forth in the clear light of a better day. With wonderful appreciation of its dramatic values dtes William Russell handle the exacting role of the young mountaineer who is the hero of this stirring Stephen Fox drama. Famed in the past chiefly for his dynamic stylo of acting, Russell now adds a new notch to his professional rennta- tion by his amazing ability to project the delicate emotional shading re quired for the part he enjoys in "The Valley of Tomorrow." The special half hour mid-week concert by the Columbia String or chestra will take place tomorrow at 3 o'clock. Screen Gossip. The boast Is being made by C. W. Koerner, branch manager of the TTnl- Jay Belasco who stars in the com edy showing in connection with "The Great Air Robbery" at the Rivoli the-1 ter, claims to be a nephew of the! producer, David Belasco. He came to I Camp Lewis, during the winter of 181 and was for a short time In the intelligence department of the can tonment under Colonel Guy Knaben- snue. Ben Turpin, who has been spending! a inree weeks well-earned vacation in the east, is on his way back to his I comedy duties at the Mack Sennett I studios in 1ms Anegeles. in the first picture Dlay to come from his directing hands. Charlie Murray has achieved a success of I hilarious proportions. It is a two- reel comedy feature called "By Golly." m m m The Peddler of Lies" is one of the best society crook plays released lately. The situations combine hu-1 man interest, thrills and suspense. lne hero. Impersonating a peddler. I is reany a detective, detailed to cap ture a gang of society crooks. A young girl's brother is suspected as navmg stolen a valuable diamond. lne nero Knows the young man la In-I nocent He eventually captures the tnieves, who were posing as society people, and were entertained by them. He thus proves the innocence of the young man and marries the young lauy. Will Rogers has received an invita tion from the British Naval mission in Soutli Africa to come over there and instruct the British subjects in Africa the art of ronin. The letter siates mat it believes this would be very beneficial and useful form of exercise. He declined the offer with tnanKs, However. 1 was In bouth Africa onn wlf h lexas Jacks shows." savs Roirer. and inasmuch as it took me eighteen months to earn enough money to get out of there traveling thid class wuy, l think I'll stay whers I am for tne present. Tickets dropped by the two illu- minaiea airplanes wnicn . f lew over IVa vn . t " f?r JerSea the clty Saturday evening advertising and on Herbert houses alone Unl- the film, "The Great Air Robbery I.1S -t;om!:dles are showing this have been presented at the Rivoli week. Mr. Koerner recently received his discharge from the service and was brought to Portland when Sol Baum was forced to temporarily re- ticket window by a number of small boys, b ive hundred complimentary cards to this Universal feature were dropped by the tws air pilots NUIHIS STORE IS HOST SCORES ATTEXD CELEBRATION OF FIRM'S EXPAXSIOX. Color Harmonics of Fabrics aicrge With Baskets of Blooms Amid Setting of Polished Glass. In a eetting of polished plate glass, with scores of color harmonies catch ing the eye from a variety of fabrics and with baskets of bloom perched everywhere, the Mathls clothing store. Corbett building. Fifth and Morrison streets, held an opening yesterday afternoon in observance of the new and extensive department which has been added to the business. Eight years ago the Mathls store, founded by its present proprietor, C. Mat his of c. J. Math is &. Co.. made its bid for the men's furnishings trade In an establishment 20 by 40 feet. Today it occupies a commodious corner ground floor, a messanlne and the large npper floor of 4500 square feet latest space addition to meet the growth of Its enterprise. On Mr. Mathis' desk in the execu tive offices on the mezzanine floor stands a wicker basket of flowers an Imported basket that came from France eight years ago. For senti ment finds its place in business occa sionally, as the basket testifies. "When we first opened the store," said Mr. Mathls remlniscently, "eight years ago that basket, filled with flowers, came to us as an expression of good will from one of the best fellows and finest gentlemen I have ever known. It was sent to us by the late Adolpbe Sturm, member of a large clothing firm in Chicago, and to his friendly interest and assist ance this store owes Its present soc eeaa, My wile and I hays kept, the basket, as we have the memory, and today we brought It out again." Hundreds of friends called at the Mathls store yesterday, congratulat ing Mr. Mathis and his taff upon their enlarged and improved quar ters. Two little girls, with baskets of red and white carnations, pinned floral favors upon the visitors. An orchestra on the mezzanine floor played concert music throughout the aiternoon. The entire Mathis store has been enlarged and remodeled. The men1 antf-young men s clothing departme occupying the entire upper floor, with large plate-glass windows affording excellent light and view, U under the superintendency of E. A. Hupp, re cently or Chicago. One of the new features of the store is the full dress wear room, where customers who seek formal attire are fitted and served. other novel features are the mod ern revolving suit cabinets, housing hundreds ef suits, and the specially constructed cap cabinets, glass front ed, wherefrom the customer may choose his headwear at a glance. Potted palms and ferns are encoun tered at almost every turn. folk M a r7Jtc JSaster choice of barticulav J J Sweet's Chocolates, too, arc symbols of Easter not so closely tied up to the spirit of the day, perhaps, as the inevitable Easter lilies but surpassing even these in favor with many people of taste and discernment. No gift is quite so acceptable upon this day nothing is so sure to win a smile of appreciation. The name Sweet's covers more than a score of alluring, well'chosen assortments differing somc what in the kind of chocolates that go into them but identical in purity, quality and all-round goodness. Renown, All-chewing, De Luxe, Rialto, Nuts and Fruits in Creme, Aristocratic, Super-milk, Fad3 and Farleies, Wonderland Assortmentthese are a few of the prominently popular Sweet's varieties. You'll like them all rich, creamy centers, selected nut meats, lus' cious fruits, generous coatings of delightful, mellow chocolate. cAt bitter dealers here sold from Alaska to Australia W. C. Allen Candy Company Distributors PORTLAND, OREGON s EDUCATORS WILL CONFER MEETIXG Tff BE HELD IX SPO KANE THIS WEEK. Conven- Incubator Plant to Be Moved. CENTRAXJA. Wash., March SO. (Special.) A. R. Badger, president of the St, Helens Incubator company, announced yf sterday that the Com pany's Incubator factory will be moved to Centralis this summer from Toledo. The location of the plant here, it Is believed, will be an impetus to the local poultry industry. Red Cross "Worker Home. MEDFORD, Or, March 30. (Spe cial.) Miss Martha Bullis, well known young woman of this city and daughter of S. S. BuIUs, has Just ar rived home from a year's service with the Red Cross during which she was in charge of the embarkation effice at the Hoboken, N. J pier. , Programme for national tlon at Salt Lake to Be Mapped Out by Sirs. Preston. OLTMPIA, "Wash., March 30. (Spe cial.) Mrs. Josephine Corliss Pres ton, state superintendent of public Instruction and president of the Na tional Education association, has left for Spokane to attend the Inland Em pire association convention to be held March 31, April 1 and i. While in Spokane Mrs. Preston will hold a conference with Hugh lie Gill, field agent of the National Ed ucation association, and Miss Sallle Hill, one of the assistant field agents. At this time a major portion of the programme for the national conven tion at salt iake win oe arranged. Mrs. Preston stated before her de parture that John H. Finiey, commis sioner o education of New York; Payson Smith, commissioner of edu cation of Massachusetts, and Sarah Louise Arnold, dean of Simmons col lege, Boston, Mass., will have promi nent places on the programme. Mrs. Preston has named Frank B. Cooper, superintendent of the Seattle schools, aa chairman of the. resolutions com.. mittee. ' Mrs. Preston will be chairman of the Wednesday noon luncheon of the Spokane Ad club. Other leading edu cators who have left the capital city to attend the Inland Empire conven tion are: Arthur Wilson, Assistant state su perintendent; Mrs. Addle Dickinson, head of the certification department of the office of the state superintend ent of public instruction; Mrs. Blanche Nagel, assistant In rural ed ucation; Edwin Twitmyer, state high school inspector; W. ,G. Hummel, state director of vocational education, and H. M. Skldmore, supervisor of agri cultural education. Boys Accused of Theft. Ch'NTRAUA. Wash., March 30. (Speeial.) Glen Allen and Clifford Griffin, 14 and 16, respectively, were arrested Sunday by the Centralia po lice. The boys were in possession of an automobile said to have been stolen in Olympia. They were re turned to that city yesterday. 3. M. Black, Canyon City, Files. SALEM. Or., March SO. (Special.) J. M. Black, of Canyon City, has filed with the secretary of vtate his declaration of candidacy for district attorney .for Grant county at the re publication primary nominating elec tion to be held In May. Children Invest $2 621.17. CENTRALIA, Wash., March 30 (Special.) Central! school children. "My cliildren have all taken Chamberlain's Cough Remedy and it works like a charm," says L. C. Haines, Merbury, Ala. since the first of the. year, have In vested S2621.17 in thrift stamps, ac cording to a report rendered today by Edgar Reed, city superintendent. The Washington school leads the other buildings with an investment of $1194.50. SIOiOTPSEr? Get at the Real Cause Take Dr. Edwards' Olive Tablets That's what thousands of stomach sufferers are doing now. Instead of taking tonics, or trying to patch up a poor digestion, they are attacking the real cause of the ailment clogged liver and disordered bowels. 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