Capital journal., January 13, 1936, Page 3, Image 3

MONDAY, JANUARY 13. 1936
THE CAPITAL JOURNAL. SALEM. OREGON
3
PROCESS TAXES
DECLARED VOID
WILL BE REPAID
(Continued from pnge 1)
filed by Governor Eugene Talmadge
of Georgia, a Roosevelt adminis
tration foe, will give the court an
other opportunity to rule on it.
. In the rice millers' opinion, read
-A by Justice Roberts, the court held
Vthe changes made by the new AAA
law enacted at the last session did
not "cure the infirmities of the or
iginal act" which it held unconsti-
. tutional last week.
"The exaction still lacked the
quality of a true tax," the court
said. "It remains a means for ef
fectuating the regulation of agri
culture, production, a matter not
within the powers of congress."
In deciding that impounded tax
es must be returned the court said:
"We have no occasion to discuss
or decide whether Section 21 (D)
affords an adequate remedy at law.
As yet the petitioner has not paid
the taxes to the respondents, and,
in view of the decision in the But
ler (AAA) case, hereafter cannot
be required so to do.
The government claimed the mil
lers should "pay first and litigate
later." It asserted suits for injunc
tions against taxes were barred by
federal statutes and by the AAA
amendments.
The federal district court and the
circuit court of appeals at New Or
leans agreed with the government
and dismissed the millers' petitions
The court said they were without
jurisdiction to enjoin the tax collec
tion. In agreeing to review the dispute,
the supreme court granted a tempo
rary injunction to continue until its
final ruling. Justices Brandeis,
Stone and Cardozo dissented from
the review.
Of the . $1,200,000,000 processing
taxes collected, approximately $200,-
000. 000 was impounded in federal
courts. Rice collections to October 1
totallrd $153.974. It was expected
mom milk, butter
v f ffHiii "
MAYBE you TRADE with a grocer who
runs only one store. Perhaps you
incline to blame him if your food costs
seem high.
But it's not his fault. It's the fault of
the system under which he sells. There are
too many wasteful expenses in between
him and the farmer.
For just that reason your Safeway gro
cer belongs to a business family.
Joined with food buyers in the farm
areas, skilled truckers, warehousemen, mar
keting experts, home economists all help
ing him keep down distribution costs he
can help you LOWER the cost of living.
He can reduce the retail price of food
and still pay back to farmers a larger share
of your food dollar.
Your Safeway grocer is working at 'feat
job bemuse it is what the people want done
they would have been $12,900,000 by I
next June 30.
The millers concerned today Were: :
Farmers Rice Milling Co., Inc.,;
Levy Rice Milling Co., Inc., United j
Rice Milling Products Co., Inc.,
Rickcrt Rice Mills, Inc., all of New
Orleans; T. Simon and A. B. Dore.
both of Crowley, La.; Noble-Trotter'
Rice Milling Co., Inc.. of Lake
Charles, La.; and Baton Rouge Rice
Mill, Inc., of Baton Rouge, La.
"If the respondent should now at
tempt to collect the tax by distraint
he would be a trespasser. The de
cree of the district court will be va
cated, and appropriate order entered
directing the repayment to the pe
titioner of the funds impounded . . .
and the cause remanded to the dis
trict court for the entry of a decree
enjoining selection of the assailed
action. A similar disposition win
be made of the companion cases."
The Section 21 (D) referred to by
the court would prohibit refunds
of the processing taxes already paid
to the government unless the tax
payer could show that he had not
passed the tax on to others.
Due to intricacies of the decision,
administration officials deferred
comment pending study.
It took its place in the record be
ing made on the new deal in the
court.
This showed to date the two ma
jor ventures thrown out, NRA and
AAA on unanimous and six to three
decisions respectively; a qualified
five to four victory in the gold cas
es; a loss by the same margin on
railroad retirement legislation; and
eight to one and nine to none ad
verse rulings in "hot oil" regulation
and the Prazier-Lemke farm mort
gage moratorium. The president's
removal of a trade commissioner.
the late William Humphrey, also
was held improper.
Again the majestic courtroom was
crowded. Notables and private citi
zens on hand personified conflict
ing sentiment over the questions a
issue.
Senator Bankhead (D-AIa.i. au
thor of the cotton law, heard that
action in the courtroom and said
it meant "we still have the Bank
head act on the statute books.
"The department of agriculture
has the power to save the cotton
farmer by proceeding with operation
of the Bankhead act.
"It will save this year's crop."
The rice ruling was on a case
for Western Children
FINAL EFFORT
BEGUN TO SAVE
HAUPTMANN
(Continued from page, 1)
he had a client who had told him
the names of three men who
"might" have information leading
to some of the ransom money.
Lamb said Col. H. Norman
Schwarzkopf, head of the state po
lice, wrote Flnnigan two days later
and asked that he supply additional
details so the matter could be in
vestigated, but no reply was re
ceived. The Chicago attorney had first re
ported the matter to the bureau of
investigation of the department of
justice in New York and Washing
ton, Lamb said.
Finnegan got the information, he
explained, from a prisoner in a
Chicago jail who said his conscience
had been torturing him.
The prisoner asserted. Flnnigan
said, that he paid $2,000 toward
purchasing ransom bills at 40 cents
on the dollar, but he did not get the
money because he could not raise
the rest of the price before his own
arrest on a worthless check charge.
Finnigan decided to come here
after Governor Hoffman said he
was interested. On arriving at the
Camden, N. J., airport, the lawyer
tajtcd by telephone with C. Lloyd
Fisher, chief of Hauptmann's coun
sel, v
Fisher said any new evidence was
welcome, but he added:
"I'd rather see the ransom mon
ey." ,
brought by eight Louisiana rice
milling companies.
They had contended the section
of the AAA amendments, requiring
proof that they had borne the cost
themselves before obtaining a re
fund was invalid.
The rice millers insisted - they
could not prove who bore the ex
pense of the processing levy. They
said in their business the various
lots or rice were handled together
and it could not be ascertained what
happened to the individual consignment.
and because the people reward men
who do what the public wants. '
Your Safeway grocer is working in a
business family because he can perform
a better service that way, and hence earn
a better salary.
To producers, transporters and proces
sors he pays 80 cents of every food dollar
you spend with him. This means the farmer
gets a larger share of this food dollar than
was possible before the Safeway method
was developed . . . M. L. Bean, Divi
sion Manager for Safeway Stores, 239
South East Salmon Street, Portland,
Oregon.
t
How much did you upend for food Inst
month? Check up. Then trade at your
neighborhood Safeway grocer's for 30
days and compare your total savings!
Hoffman, informed of the law
yer's arrival, said:
"It's always been my understand
ing that all the money was recov
ered." Willie lawyers drafted their last
minute plans, Anna Hauptmann
knelt in the Trinity Lutheran
church here and, scarcely noticed,
prayed that the life of her husband
be spared.
"We will fight on," she said, "to
the end of the road."
Governor Hoffman, who once
visited Hauptmann in the death
cell and who has said he docs not
believe Hauptmann's execution will
solve the Lindbergh case, was asked
in New York yesterday If he in
tended to halt the execution, set
for 8 p. m Friday.
' "I don't yet know what I am go
ing to do about it," he said.
He reiterated that there were
"plenty of precedents" under New
Jersey law for a 90 day reprieve.
There were reports that the gov
ernor told the court of pardons he
could, if he desired, reprieve Haupt
mann for as long as he (the gover
nor) held office, but from other
sources close to the court these re
ports were denied.
Attorney General David T. Wi
lcntz, who directed the prosecu
tion of Hauptmann, indicated today
that if the- governor should grant
a reprieve he . could not challenge
its legality.
No word has been received from
Dr. John F. Condon, the "Jafsie"
of the ransom negotiation who sail
ed Friday night on a southern
cruise. He will land at Cristobal,
C. Z.. on the day set for Haupt
mann's execution.
PASSES IT ON
Minneapolis, Jan. 13 (IP) She
went into municipal court with a
complaint that her husband of two
weeks would not work. He count
ered with the charge that she ask
ed him to marry her, wouldn't let
him work and pawned their furni
ture. The court passed the prob
lem on to a probation officer.
, GARDEN CLUB MEETS
Woodbum The regular meeting
of the Woodbum Garden club will
be held Tuesday evening at the
home of Mr. and Mrs. Walter Mil
ler, 453 Youns street.
and
Qnrl
Roller ,h
S 1929 i0
ttlnlhAM. a.-
. , rocer. ;. j .""omnnd
Sall'helemi"j'''ry Product
L,ower retail ..
etiouirl. ...;n
CJj!i: 'Trcd
(ne r
SAFEWAY
Eatut tdvcitiKmcnt copyright 19)6 Silcwir Sioitl, lot
GIRL IN TRANCE
WHILE COSTS
OFFER PRAYERS
Detroit, Jan. 13 W Members of
the "Full Salvation Union," a reli
gious sect, kept up an almost un
broken series of prayer services to
day about the couch of. 17 year old
Shirley Tapp, unconscious since
last Wednesday in what a physician
said was an "auto-hypnotic" state
into which she entered at a meeting
of the group.
The high school girl lay on a
couch in the living room of her
home, respiration and reflexes ap
parently normal, but in a trance
like sleep.
At intervals, as the exhortation
of the worshippers reached its
height, she would extend her clen
ched hands riBidly into the air.
holding that position until the pray
ers ended.
Her father, Lavcrnc Tapp, automo
bile factory worker, said the girl
was "slain by the power of God"
in her effort to attain a greater
sense of religious grace. He explain
ed she had been deeply religious
since she was "saved" at a meeting
of the sect, but the "sinful nature"
which remained had been "slain"
by the trancc-likc sleep. He said
she would awaken on the seventh
day of her trance.
Ross Kilgore. leader of the sect,
said the prayer service at home
would continue unabated until the
girl awakened.
Under belief of the members, the
unconscious girl is "suffering from
the whole world" while her na
tural impulses arc subdued or
"slain" by the unconscious state.
The parents said Shirley answer
ed questions relative to religious
subjects, but responded to no other
questions.
Resinol
Quiets the
maddening itch.
tf i 7 soothes irritated
yet mild enough Tl J
fortenderestskinllCIUIlS
EGGS
.
lhr each
owners spend
l9,, P nl
hires "
ftljiiit, Xrr .
. "'"g costs,
""-way Biort. ,
con,,,., .
, - fulfil in.
Night Mine School
To Open Wednesday
Grants Pass, Jan, 3 P) Night
classes of the mines division, state
board for vocational education, .will
open hero Wednesday night, super
intendent Karl Ladewig announ
ced today. They will be held from
7 to 9 each morning except Satur
day and Sunday.
The day school will open as soon
as supplies arrive; on January 15
If supplies arrive before that day.
STORM BLOWS IN
SCHOOL WINDOWS
Other than the loss of a ventila
tor off the roof of the McKinley
school building, the blowing in of
four windows at Lincoln, and sev
eral minor leaks, little damage was
done to school property during the
rain storm of the week end, George
Smalley, head Janitor stated today.
Prompt action in boarding up the
hole left by the disappearing venti
lator prevented much water dam
age. Water penetrated the walls of
Parrish junior high and of Engle
wood grade building. The former
was repaired and painted during the
summer while the leaks at Engle
wood occurred in the portion of the
building constructed last summer.
At Willamette university three
windows were blasted out of Eaton
hall while the basement of Lau
sanne hall, women's dormitory, was
flooded, shutting off the supply of
heat and hot water.
Millersburg Mr. and Mrs. Lotus
Conser of Portland, were recent
guests at the home of Conscr's par
ents. Mr. and Mrs. Lester Conser.
Workmen Are Tearing Down Walls And We Are
Tearing Down Prices!
TTSte Pffiee SUnoe Go's
A!tfenattioira Salle!!
Ci.ll n y l n EXTRA SPECIAL
Silk Pajamas Hand Bags 8,,', MM
Flowered Satin and FL.'CC 11
Tailored Crepea Values up to $3.95 VlllllOn H0S6
' Values to $6.00
j Values to $1.39
33.9S $109 59c
EXTRA SPECIAL Closing Out One Lot Kayser Crepa
Kayser Crepes and
;Z slips slips
Hosefor Women . , . . v . .
... . . ... Special Sale Pries Values to $1.9ft
Values up to $2.00
$i,oo 09c $lOQ
Suitable for
At Cost
and LESS
One Lot of
DRESSES
Values up to $M.50
$6,89
One Lot of
DRESSES
Values up to $24.50
$12.09
TRIMMED
AT CLOSE
One Group
Values to $69.50
$34.09
Growing Girls, Misses'
and Women's
SPORT
SHOES
Values up to $0.00
$2.89
135
HIGHWAY PLANS
DEPENDENT ON
FEDERAL AID
Expenditures by the state high
way commission, for Improvement
of roads in southern Oregon this
year, will be rnado practically en
tirely on the Pacific highway,
Henry P. Cabell, chairman of the
commission told members of the
Salem chamber of commerce and
the Oregon Pacific Highway associ
ation in joint meeting today.
The Initial meeting of the re
vived highway association execu
tive committee this " morning
brought delegations from Grants
Pass. Eugene, Oregon City and
Salem. Threatening flood condi
t.ions cut down the attendance of
the session.
"The highway commission wel
comes any organization primarily
concerned with the attainment of
good roads in Oregon, "Chairman
Cabell told the visiting delegations.
"Even when you press us hard and
we are forced to deny your re
quests, primarily we both are work
ing toward the same goal.
"Last year the principal expendi
tures in southern and southwest
ern Oregon were for the construc
tion of approaches to the coast
bridges, but this year the approach
es will be completed and what
monies that can be allotted to
southwestern Oregon, practically
all will be given over to the Pacific
highway.
"Our planning for this year is
very much up in the air at the pre-
Every Occasion
Near Cost
- THAN - COST
One Lot of
DRESSES
Values up to $ 10.50
$9.89
Bradley Knit
Ensembles
Values up to $10.50
$9.89
COATS
- OUT PRICES!
One Group
Values to $70.50
$44.89
Closing Out One
Odd Lot of
Selby Arch
Preservers
Values to $10.00
North Liberty
sent time because we do not know
what federal funds will be available
for road work. The highway com
mission will greatly regret If the fed
era) aid program Is discontinued. W
can make considerable more pro
gress on all roads and consequently
on the Pacific highway If this pro
gram is continued."
The announced plan of the bu
reau of public roads to conduct
survey on all highways to determine
all phases of travel and traffic will ,
serve to give the bureau and the
state highway commission data and
enable the two organizations to plan
intelligently the work to be done,
R. H. Baldock, state highway en
gineer, said.
The plan of the Oregon Pacific
highway association in working for
an improved route from Portland
to Ashland, so that tourist traffic
from California will continue on
north from Grants Pass, was out
lined to the delegates by C. H. De
marary, president of the organiza
tion. ,
The Pacific highway is the main
artery of the state, serving the bulk
of the population and carrying the
vast majority of the out of state
cars,'1 President Demarary said.
"Traffic counts show that forty per
cent of the out of state cars never
travel farther north than Grants
Pass because of the condition of the
highway A better alignment of the
roadway will mean more tourist
money for everyone"
L. M. Lcpper, president of the
Presidents Council of Portland, urg
ed the members of the association
to Inject as much enthusiasm as
possible into the organization, giv
ing the group added influence with
the state highway commission In re
qucsts for road improvements.
' mil
"HUM
6A X
0
One Lot of Dress
Shoes For
Women
Values up to $7.50
I $3.89
Mi
Street