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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (May 1, 1921)
TIIE SUNDAY- OREGOXIAX, PORTLAND, - MAY 1, 1931 DECISION DN RENTS UNIQUE Supreme Court Interprets . Constitution Liberally. suit In a loss of approximately Jl. 000,000 a day, figured on the value of the craft. This, it was explained. did not take Into account losses which might accrue by reason of tying up freight. On the other hand, it was said at the shipping: board offices that the government might save mon ey if the ships did get tied up, be cause many of them are being op erated at a loss under present eel nomic conditions. XOXrSlOX CREW IS SIGNED Local Office Expects Xo Difficulty . in Getting Men. TV! ,va nf what thriatT1R tO be the LANDLORD SUITS PILE UP marine strike in the history JUL II1C 1.UU1I tl J kll 11 L ....,.-. . change in the local situation. Thougn the official strike order was not to I become effective until midnight last Contract Permitting Tenant to Keep night, 8tI,k e conditions have practi- A full crew of non-union men was Property at Old Rental Basis Tpheld, 5 to 4. BY MARK SULLIVAN'. Copyright by the New York Evening Post, Inc. FuDNsnea oy Arrangemui.; WASHINGTON, D. C. April 30. A T. rising tide of discussion about a de-- cision on rents handed down by the . . supreme court last week has brought that decision to a point where it en- gages the attention of constitutional lawyers and public men more fully than any subject of mere legislation " Tour corresDondent is assured that the discussion will quickly spread throughout the country. '"' Both those who like the decision v and those who dislike it intensely agreed that its importance is extreme. - Apparently it was only because of ac cidental circumstances tnat tne oe cision failed to make at the monent - it was handed down the sensation " which many serious lawyers say it will make as soon as the lawyers, iudres. editors and other commen- tators of the country are aware of its ' direct present effects on the consti .' tution and its Implications as to the r future. Jastlcc Mc-Kenna Moved. The assertion that the effect of ..' the decision on the constitution of the United States is sensational does :' not rest mostly on the constitutiona: lawyers here in Washington who are , now saying it. Grounds to Justify - their description of it as sensational '" are to be found in the words of the court itself. Justice McKenna. who was strongly opposed to the decision made by the majority of the court - and who handed down the dissenting '. opinion, in that dissenting opinion re peatedly uttered words of alarm at the effect of the decision on the sanc tity of the constitution and its plications for the future. That Jus tice McKenna was deeply moved is readily to be seen from an examina- ' tion of his words. Several local stu '." dents of the constitution who are now - discussing the decision say that it ranks in fundamental importance with any decision ever handed down " by the supreme court, and that its ef fects on the heart of tne constuu tion, as written in the beginning are as far-reaching as any of the courts most history-making decisions. Many Salts Arise. Stated as simply as possible and with a due warning to the reader of i the limitations involved in giving mere extract from a decision, and - paraphrasing its spirit, the case was this: Congress, during the war, passed a law applying to the district of Columbia known as the rent law. Stated roughly, it provided that landlord cannot get his property back from a tenant at the end of his lease if the tenant is willing to go on nay ing the same rent. A similar law . was passed by New York state ap plicable to New York City. The laws were obviously contrary to the normal sanctity of contracts. How ever, they were passed and many tenants, both in New York and in ' Washington, took advantage of theui A multitude of suits arose. Casea Are Appealed. In the lower courts the laws were quickly declared unconstitutional, but ' in due course two of the suits, ono from New York and one from Wash tngton. were united and carried up to the supreme court. It is the de cision in these two cases which now described as so sensational. The present decision by the supreme court upholds the law and decides that the landlord cannot eject his tenant at the termination of the lease. The court was divided on lines of five to four. The justices who decided in favor of the law are Holmes, Day, Pitney, Brandeis and Clark, the de vision being written by Holmes. These Include the justices who are common ly regarded as more sympathetic to liberal movements and to an elastic construction of the constitution. The dissenting justices were the chief justice, Mr. White, together with Mc Kenna. Van Devanter and McReyn eids. Emergeney T to Coagrrm, Justice McKenna wrote the dissent. With due regard to the danger of paraphrasing an opinion, it may be said that in essence Justice Holmes declared that congress or a legisla ture has a right to be the judge as to whether public conditions const! tuate an emergency, and that con gress or a legislature, having assert ed that there is an emergency and having passed a statute designed to remedy the emergency, then the su preme court has no right to ovei rule the legislative decree. The ob jections to the law were obviously that it is in conflict with those arti cles of the constitution which forbid the taking of private property with out due process of law and which forbid legislators to pass any laws impairing the validity of contracts. Describing that act of congress. Justice McKenna says: "If such ex ercise of government be legal, what exercise of government is illegal?' placed on the shipping board steamer West Himrod yesterday - afternoon. and the vessel probably will go down the river this morning from the Vic toria dolphins. She was tied up at the dolphins yesterday, along with Pthe steamers Eastern Guide and Paw- let. All three of these steamers have BHD FORGER GETS FOUR TO 20 YEARS Jay E. Hough Is Sentenced by Spokane Judge. INTENT TO APPEAL DENIED Convicted Swindler of 'Wallace Miner Says Be Wants to Begin Term at Once. WHAT COXGTRESS DID AS ITS DAY'S WORK. Senate. Adopted the Knox peace res olution by a vote of 49 to 23. Emergency tariff bill favor ably reported from finance com mittee and made the unfinished business, thus bringing it up for discussion Monday. Johnson of California returned to fight the nomination of Da vid H. Blair to be commissioner of internal revenue and will' give out a statement of his attitude Monday. House. Voted to keep the size of the army to 150.000 men. Communist revolution propa ganda circulated in western states, members declared. their cargoes all stowed, and will b ready to proceed to sea as soon their complement of men and officers is obtained. As practically no crews are signed here ordinarily ior privately owned vessels, it is expected that the strik will have less direct effect here than at other Pacific ports. Men and of ficers who are already aboard steam ers cannot leave suddenly withou laying themselves liable to charges of desertion, which, in the- case licensed officers, might result in th loss of licenses. Lieutenant Harold C. Jones, local head of the sea service bureau of th shipping board, whose duty it is provide men for the ships as they are needed, declared yesterday that he ex pected no difficulty in. detaining many men as may- be needed to tak the places of the strikers. "One full crew was signed on to day," he said, "and my office was thronged with many more experi enced men who are willing to work for the new wage scale and under th new conditions. These men conside that they are performing a public duty and a service to the government, and do not look upon themselves a strikebreakers." Commenting upon the work of th sea service bureau, the demand on the part of the unions for the abolish ment of which forms one of the causes for the strike. Lieutenant Jones yes terday quoted figures to show the increase in recent months of the per' centage of Americans supplied to American vessels through the activity of this bureau. In December, 1920, he said, American citizens constituted 67.7 per cent of the crews signed on American vessels at Portland. In January of this year this percentage increased to 72.7 per cent, in Febru ary to 77.2 per cent and in March to 80.9 per cent ISSlE HELD CP TO WORKERS Steamship Owners Official Sajs Limit Has Been Reached. BOSTON", April 30. Captain E. E O'Donnell, chairman of the wage com mittee of the American Steamship Owners' association, said in a state ment today that the ship owners "had reached the extreme limit of conces sions" to the marine workers and that "under no circumstances" would there be arbitration of the lo per cent wage cut, effective tonight. "If the men want to take the cut the ships will run," he said. 'If they refuse, the ships will re main at the docks. It is now a ques tion of whether we shall have an American merchant marine or a mer chant marine." The proposed wage cut, he said was changed from 25 per cent to 15 per cent at the "earnest solicitation of Admiral Benson, chairman of the shipping board. MARLNiE WORKERS MAY QCIT General Strike Is Xot Looked for on Xew York Waterfront. NEW YORK. April 30. Meetings of marine workers will be held tomorrow to discuss the action of the shipping board in ordering a 1 per cent re duction in wages effective at mid night tonight. No general strike is looked for, al though union officials predicted that many men would walk off the ships and refuse to work under the new wage scale. Lnion leaders pointed out that this was the attitude the men themselves were taking. STEINBACH DENIES GUILT Alleged Violator of While Slave Act in Federal Court. A plea of not guilty was entered by Jerome B. Steinbach in federal court yesterday to charges of violat ing the Mann white slave act. Through his attorney Steinbach, who is a member of a prominent fam ily, requested that no trial date be set at present. Steinbach was in dicted some time ago and was ar rested in Los Angeles on telegraphic warrants from Portland. The charges grew out of the al leged transportation of Miss Mae Pope from Portland to Augusta, Ga., where Steinbach was stationed dur ing the war, and from New York city to Portland. Forgeries Laid to "Bell Hop.' James Price, a "bell hop." 18 years old, was arrested yesterday by Po lice Inspector Welch on a charge of issuing worthless checks. He was ar rested at a dairy store at 289 Yam hill street, where, it was charged, he attempted to cash a check for $29.58. Police said that numerous bad checks passed during the past few weeks bear the boy's signature. SPOKANE, Wash.. April 30. (Spe cial.) Jay-E. Hough, convicted of first-degree forgery in connection with an alleged fraudulent issue of bonds of the Teel irrigation district of Echo, Or., was sentenced by Su perior Judge Oswald today to a term of four to 20 years in the state peni tentiary, x Passing of sentence followed dis missal of a motion for a new trial. Hough later stated that he would not take an appeal to the state supreme court from his conviction. He was committed to the county jail to await removal to the penitentiary. In passing sentence Judge Oswald Informed the defendant that his plea of having committed the forgeries unaer duress of threats by his late partner, John B. Milholland, had failed to Convince him, and that he was unable to see any mitigating uircumstances. Hough confessed last January to forgeries, by means of which he and his partner were alleged to have de frauded James F. Callahan, wealthy mining man of Wallace, Idaho, of be tween $300,000 and $400,000. Mil holland committed suicide at his home when officers sought to arrest him. Defendant Acquitted Once. A jury In superior court last month acquitted him of a similar charge in connection with an issue of bonds of Liberty county, Montana. "Yes, I have decided not to appeal," said Hough, while Judge Oswald de clared a recess to study over the sen tence be should impose. "I have no money, and my father-in-law has had to spend thousands of dollars to defend me. I still be lieve the verdict of the jury in the first case, when I was found not guilty, was a just one, but in this second case I cannot ask my father-in-law to carry the. case up to the supreme court and pay the expenses incident to an appeal. It might only trolong the agony, as there is no as surance that the supreme court would hold differently than the lower court. I have decided the best way of it is to get down to Walla Walla and start serving the sentence as soon as pos sible." Following the sentence, the two certified cheeks for $15,000 and the $20,000 property bonds, deposited for Hough's appearance in court, were ordered released by Judge Oswald at the request of counsel for Hough. Sentence Faced Firmly. When Judge Oswald was passing sentence Hough stood erect. As he came back to his seat after sentence was pronounced he had tears in his eyes. To a reporter Hough said: "It is tough lines, but the sentence is less than I expected. I thought the minimum would be five years. It is hard to have to serve time fo something that was the fault of an other, but I intend to make the best of it. It is a case of simply grin and bear it, and take my medicine. Hough was not expecting to be sen tenced today, and when Judge Oswald decided to hear the matter on accoun of going to the coast next week, At torney Plummer sent for Hough, who drove to the courthouse in the eleC' trie machine that was used by him self and family during the trial, When he left the courthouse he was accompanied by Deputy Sheriff Wood who got into the electric with Hough to drive to Hough s home to get hi belongings and bid his wife and rel atives good-bye. Relatives Are Absent. None of Hough s relatives were present when sentence was passed. The firm of Milholland & Hough until January 9 occupied offices in the Sherwood building. Jay Hough s wife was formerly Miss Vera Sengfelder, daughter of Mr. and Mrs. John Sengfelder, well known pioneers of Spokane. Hough's defense in both cases was duress; that he signed the forged bonds because Milholland held a gun at his head and threatened to kill him if he refused. He was acquitted by the jury in Judge Huneke's court the first trial. In the second trial evidence of two other forgeries was introduced. In the first case the ury was out but about a hour, when it returned a verdict of not guilty. In the second case the jury took but re ballot and found Hough guilty. BENSON ORDERS PAY CUT (Continued From First Pace.) tile new scale there would not be an immediate general tying up of ship ping on the Atlantic. Pacific and Gulf coasts, because many vessels are at sea and the men must serve until they are brought to port. The serv ice, however, will be at the existing wage scale Shipping board officers said thev had laid plans to keep the govern ment fleet in operation in event of any walkout. It was stated there were some 30.000 sea-faring men idle and that little difficulty in manning the ships was anticipated. Labor department officials esti mated that a general tying up of American merchant ships would re- Still Operator Is Fined. Elmer Dean, arrested at Thirtieth and East Morrison streets, where he was operating a five-gallon still, was fined $150 by District Judge Deich yesterday. HI (GRANULES) INDIGESTION Taste good, do good; dissolve instantly on tongue or in water; carry in .vest-pocket or traveling-case; take as needed. QUICK RELIEF! Also in tablet form for those who prefer thm. MADS BY SCOTT SJOWNE MAKERS OF SCOTT'S EMULSION That Tired Feeling It Just At Much a Warning a "Stop, Look and Listen." It indicates run-down conditions and means that you must purify your blood, renew your strength tone, and your "power of resist ance," or fee in great danger of se rious sickness, the grip. flu. fevers, contagious and infectious diseases. Do not make light of it. It is serious. Give it attention at once. Ask your druggist for Hood's Sarsaparilla. He knows this good old family medicine is Just the Thing to Take in Spring for that tired feeling, loss of appe tite, debility. It is an all-the-year-round medicine, wonderfully effective in the treatment of scrof ula, catarrh, rheumatism and run down after-disease conditions. "My husband has taken Hood's Sarsaparilla every spring for years, and it always puts him in shape. He is 68 years old." Mrs. N. Campbell, Decatur, 111. A mild laxative. Hood's Pills. "Tis May-Day Morn, Edwards Bids You Match Nature's Glory With New Home Furnishings! See the Windows Today As the architect works in brick and stone to produce homes and buildings which will be monuments to posterity Edwards' Designers have produced Furniture which will endure and reflect the best in contemporary life. Have every room fitted up complete draperies and cooking utensils included Edwards puts every thing selected on one account; asks only one small cash payment down, balance arranged to please your own individual requirements. No interest charged, whether one piece or a houseful is selected. And Next Sunday Is Mothers Day Please Her With a Real Lasting and Enjoyable Gift Something for the Home See the Windows Today a..5 ...... . t r- Tl 1 11 t7;j rr ni S-t-iiiiintiiTMj " jfj Four Fine Pieces to Match Now Priced at . $75.00 Oak Library Table with 28x42-lnch op; Solid Oak Round Arm Rocker and the Opera Stated Oak Rocker are identical to the illus tration. Arm chair has been replaced with a clever "Wicker Chair upholstered with cre tonne adding much tone to the suite. In the doorway window today. Six -Foot Table and Six Solid Oak Chairs SI 3 $59.75 Hand-rubbed wax finish to match the living-room suite at $75. Table is 45 inches in diameter, and the massive base is identical to the illustration. Each chair is securely built with saddle-shaped -seats, supported with iron angles against the back posts. Also displayed in the front window today. Charmingly Distinctive Tapestry Overstuffed Suite $275.00- Davenport. Chair and Rocker, and they're far better looking than this illustration. Built with full spring bases and backs, and all the loose cushions are imbedded with coil springs. Just see this su-lte In the front window today. With velour cover at J295. Queen Anne Walnut or Ma hogany Table and Chairs Queen Anne, the most lovable and charm ing of all periods. Table has 54-inch diameter top and set of six chairs are finely finished to match eltler walnut or mahogany table. Blue or brown genuine leather slip seats. atiai' 'Hi " i mi , . if iiiaV ' - " i ' i n aiT i. in I aiaa This Hand Decorated Charming Blue Bird Suite $1 17.50 The five pfoces ar Merrttoal In outline to tllufft ration each h-tnd-luld "blue bird" 1 Krt.ptnK at or return on h:ind -Im Id floral branches, others are merrily fluttering in the air. You could puy 1160 for a net tlit nmy not even be decorated nor please you an this klus hlrrl will Colonial Suite in Walnut or Mahogany, 3 Pieces $171.00 Bed. Prenaer and Chiffonier, qirite nlmilar to Illustration and, for your convenience, they'll he displayed tusetnrr on the third floor. You, like many others alnce the price h;m been reduced, will he surprised n nd pleased to know such fine pieces a tht can be bad fur so little money. Exquisite Mahogany 3-Piece Queen Anne Suite -$372.00- Bow-end Fed. Vanity and Chlffonette, or the Row -end Bed DrevMt-r and I'resBirnr 1 nhl. This Is a yulte with charming distinction For your convenience all the plecen are n the front window today. View thorn aa they'll appear in your home. Bed, Spring and Mattress, a Typical Edwards Value -$34.50- Mahogany Finished Will iam and Mary Period Table and Chairs -$119.50- Table has 48-inch diameter top and is iimllar to picture; Chairs have genuine leather slip seats, but the backs are paneled (not slats). See them in the front window. An exceptional value, too. A BED FOR THE ROOM WHERE YOU DIDN'T THIXK THERE WAS ROOM FOR A BED. HEAVY OAK FRAMIi Bed Davenport At Edwards $59.50 A very valuable piece of furniture for any home. Never an embarrassment when unexpected company comes with this davenport you always have a concealed bed in the living room. Note the price, too. Terms? Certainly JI week. (33 S;T-2r?fC.lrTV J-lnch Continuous Tout Bed In white or Ivory enamel finish, fcquwre link not H monrt) Steel Spring and 40-ib. Kelted Cotton tolled-Edge Reversible Mattress has flower strewn arttlr-k. English Windsor Breakfast I Set Five Pieces $29.75 The table, which has polished ton rd white enameled base, bv far surpa- t Illustration In appearance aqimre flll-r and continuous-port back chairs, and are verv at tractive. If you go shopping on thene chulrn. don't compare them with chalra having round filler backs. Sellers Kitchen Cabinets Famous for their 15 Special ConvenU-nee Ke. tures, so extensively advertised In the faturiluy Evening Post and other leading inaKaxines These wonderful cabinets can be seen only Edwards'. The Mastercraft and Sellers specials Models In oiled steamproof oak and white on' amel finjshes are now on display. Sellers MasiercrsA BBaafeaaVaBtt4 You Remember Last Years Prices on Rugs and Carpets and Don't Think They've Come Down Look at These! At Edwards' you can see them easily, too; the mighty wall rack taj back and feel and examine over 200 Room-size Rugs, like turning the pages of a newspaper, on Rugs does not charge interest, either. i forth making It Possible to Of course. Edwards' gives term' ft J; I . : r-f I -r-A iprt Jl and seamless Ax- Cft designs at DOs-.Ol $36.50 High - grade very thick minsters in a profusion of Fine quality medium-weight seamed and seam less Axminsters and Blue Ribbon Velvets Closely woven seamless Brussels and seamed dJQQ QC Wool Velvets Psii7.0J An exceptionally fine assortment of artlstlcal- (1Q iy colored Fibors and W ool and Fibers at 3 lO. I O Wilton Velvet 0 QC carpet, yard.. MiO" Next Sunday Is Mother's Day Let Mu sic Show Her Your Affection. The Presentation of a Brunswick Will Imprint Your Memory With a Lasting Thought of Pleasure. Edwards will deliver any of the models illustrated, with records nd extra equipment, on the Mothers' Day club cash pajment of High Quality Axmins-flJO Cfi ter Carpet, per yard. WJUV Wool Velvet Hall and Bordered Stair Carpet, 1 TC per yard Genuine Burlap Back Print Linoleum, per JJ JQ : ljJaMMaLirj . Lijiawiai'ii,f $8.50 Balance will te arranged to please your individual requirement. hether you select a waxed oak, fumed oak or a mahogany EDWARDS DOES NOT CHARGE INTEREST. EITHER. White enar J?J!BtLM3M'Wa Installed w Hood's Sarsaparilla OVERCOMES THAT TIRED -FEELING. BUILDS UP HEALTH A Good Place To Trad. TZ a5r Terms - Ho Intentsf li Two Separate and ' Distinct RANGES Built Together Upon One Base TAKES VP ONLY SH-I.M'H M'AIT! Four-lid wood and coal top. Three-burner and simmer gas top. Separate wood and coal oven. Separate gas oven. Separate broiler and boiling oven. Cross firebox damper to heat the front of wood and coal oven Beautiful polished top. ickel trimmings. mel splasher back. ith hot-water coils and gas connected. $25 Cash, $3 Week, No Interest Your Old Stove Taken as Part EXTRA !- Spring Bride's Eight-Piece Aluminum Cooking Outfit that's bright as sliver, to make your kitchen sparkle. Now only $15.85