THE DALLES DAILY CHRONICLE, MONDAY, MAY 16, 1921.
PAGE THREE
OREGON'S ELECTION
FRAUD LAW POTENT
UNLIKE FEDERAL CORRUPT
PRACTICES, STATE STATUTE
UPHELD.
(Chronicle's Salem Bureau.)
SAiLHM, Ore., May 16. (Special)
Any doubt that may have existed
about the power of the Oregon pri
mary and corrupt practices laws, or
their ability to stand up in any court,
Is brushed away by the decision of
the United States, supreme court In
the Newberry case. Senator Truman
H. Newberry was prosecuted and con
victed under the federal corrupt prac
tices act. The United iStates supreme
court set aside the conviction and
declared the federal corrupt practices
act unconstitutional.
Relative to the Oregon corrupt
practices act the following reflec
tions, backed by the best legal minds
of the land, serve to establish Its un
questioned potency:
The federal constitution is a grant
of power. Congress may enact such
laws as the constitution says it mav
enact, and no other. The federal con
stitution does not say congress may
enact a corrupt practices law. Hence
the law was declared unconstitutional
in the Newberry case.
Act Plainly Sanctioned.
The state constitution, unlike the
federal constitution, is a limitation of
power. That Is, the state legislature
may enact any law that is not ex
pressly or by plain implication pro
hibited by Oregon or the United
States constitution. There is no pro
hibition In the constitution against a
state corrupt practices ac. This alone
would serve to give validity to the Ore
gon law, even if the state constitu
tion did not go further. But it does go
further, and expressly directs the leg
islature to enact legislation to pre
vent corrupt practices relative to elec
tions. (Article 2, sections 7 and 8.)
The( Oregon corrupt practices act
then has the plain sanction of the
state constitution of the United States
supreme court, however, there was i
division of opinion with four of the
nine justice" holdlnT the fefleral coi
rupt practices act constitutonal. They
were Chief Justice Whto and As
sociate Justices Pitney, Clarke and
Brandies.
Opinions Differ.
They, apparently were reasoning un
der article 1, section 4, of the federal
constitution, which provides that 'the
times, places and manner of holding
elections for senators and representa
tives shall bo prescribed in each state
by the legislature there of; but the
congress may at any time by lav
make or alter such regulation, ex
cept as to the places of choosing
senators."
Apparently the four justices held
that this section would warrant con
sress in imposing a federal corrupt
practices act. The other five Judges
apparently held that such an interpre
tation would give congress a power
-over primary elections, which under
the seventeenth amendment to the
federal constitution, the direct elec
tion amendment, it is not supposed o
have.
According to press dispatches, the
court's decision was that the direct
election amendment does not affect
-article 1 of section 4, which, the ma
jority opinion said, while it gives
congress the power to regulate the
manner of holding elections, does not
confer on it authority to control pri
maries or conventions.
Junior Week-end, the programme'
this year will be better than any
previous year.
A distinctive feature of this Jun
ior Week-end will be the first con
vention of Editors of High School
Press associations. The whole pro
cession of events during the week
end will be filmed, and released
throughout the state.
The canoe fete, one of the most
beautiful and time honored events
of Junior Week-end is to be oriental
in atmosphere this year. Lanterns
will be hung along the mill race.
Search" lights will be thrown on the
floats as they ' pass the Judges'
stand.
Arrangements are being made for
six hundred couples at the Prom,
and the committee reports that it
is'to be the most gorgeously deco
rated Prom in the history of Ore
gon. According to custom, the
awards of scholarship, and other
cups will be made during the dance,
by President Campbell.
This is the first year that the
Pacific Coast tennis tournament has
been held in Eugene. The tradition
al burning of the freshman caps
marks an epoch in the life of the
frosh. The contest between O. A. C.
and the varsity promises to be keen
and interesting as usual.
It has been announced that the
Order of the O will have charge of
the under class tug of war, and
that whatever class wins, the frosh
will be mill raced.
A good time awaits the prepper
who comes to Eugene to enjoy a
taste of University life during Week
end. Following are the committees in
charge of the various events:
Canoe fete Wayno Akers of Was-
c o. j
Campus Day Arthur Campbell, of j
Heppner.
Campus Luncheon Margaret
Phelps of Pendleton, Marvel Skeels
of Coquilla.
Y. M. C. A. Reception Owen Cal
laway of Eugene.
Junior .Prom Elston Ireland of
Hood River, Floyd Bowles of Portland.
accept the ambassadorship to Japan,
it was learned here today. At tno
same time it was learned that Hill
may be made ambassador to Germany
when relations with that government
are resumed.
"Boss of the Rdad," and "Can't
Bust 'Em," bib overalls, $1. 49. Maier
&'.Bottingen company. 17
Taxi MayflelcTs Taxi
Telephone mala 5021. 27tf
HILL DECLINES JAP
AMBASSADORSHIP
WASHINGTON, May 16. David
Jayne Hill has finally decided not .o
GOLDENDALE, YAKIMA AND ALL EASTERN
WASHINGTON POINTS
Are reached the easiest by way of Granta and Maryhlll on the
MARYHILL FERRY
A 10-mile paved road connect Maryhlll and Goldendale
FERRY RATES $1.25 per car and paaaengera one way.
$2.00 for round trip, 10-day limit.
Main C0G1 Benneti Taxi Main 01. tf
JUNIOR WEEK-END
IS LAVISH AFFAIR
ENTERTAINMENT TO THE HIGH
SCHOOL STUDENTS BY U. OF
O, TO BE SURPASSING.
(By Marion Lay)
University of Oregon, Eugene,
Way 16 May 19, 20, 21 and 22 are
the dates for Junior Week-end.
at Eugene, Oregon. Thi.s annual week
end of festivity, held each year
during May Is for the purposo of
establishing a closer relationship
between Oregon university, axxaf
advanced high school cludtnis all j
over the state.
According to Ogden Johnson, of,
Portland, general chairman for
SECOND HAND tTORI
Furniture Repairing. Packing.
Crating, Car Cleaning. All
warfc guaranUatf.
2M Caurt ttraat
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