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About Capital journal. (Salem, Or.) 1919-1980 | View Entire Issue (May 18, 1936)
MONDAY, MAY 18. M36 thf; CAPITAL JOURNAL. SALEM. OREGON NEW DEAL HIT TWO BLOWS IN HIGH COURTS (Continued from page 1) latter carried the price fixing sec tton down too. In failing to rule on the price fix ing provisions, the majority opinion warned that nothing the court said was to be taken as an indication that it would uphold them, even II they were enacted separately. "I am satisfied," the dissenting opinion by Justice Cardozo said. "that the act is within the power f the central government insofar as It provides for minimum and maxi mum prices upon sales of bitumin ous coal in yie transactions of inter. AUte commerce and in those of In -trastate commerce where interstate commerce is directly or intimately a i reeled. "Whether it is valid also In other (labor) provisions that have been considered and condemned in the opinion of the court. I do not find it necessary to determine at this time. Silence must not be taken u importing acquiescence." Chief Justice Hughes, In a separ ate opinion, concurred In the find' ing of the majority that congress had exceeded its - authority in at tempting to regulate wages anil hours. The majority opinion held the ex else tax of 15 per cent on soft coal production, with provisions for re funding 90 per cent for adherence to terms of the law was "clearly not a tax but a penalty." But the court did not rule on the tax. "The position of the government, as we understand it," the opinion said, "Is that the validity of the ex action does not rest upon the tax ing power but upon the power of congress to regulate interstate com merce; and that If the act in re spect to the labor and price fixing provisions be not upheld, the 'tax' lmust fall with them. J, "With that position we agree and confine our consideration accord ingly." Senator Guffcy (D.-Pa.) was in the crowded audience. A separate opinion was delivered by Chief Justice Hughes, who con tended the act might be sustained "in relation to the provisions for marketing in interstate commerce. 1 "The decisions of the courts be low, so far as they accomplish tha1 result; should be affirmed,'' he asserted. The majority held that congress In the law had exceeded its powe; under the constitution In attempt- in? to regulate interstate com merer. The decision holding NRA uncon stitutional was cited as a precedent. Washington, May 18 7P The re settlement administration was de clared unconstitutional today by a majority of the United States court of Appeals of the District of Col umbia. Referring to opinions of the ajmtca states supreme court wnicn found NRA, AAA and the original "hot oil" control act unconstitu tional. Justice Van Orsdel said the ' same legal flaws were found in the resettlement administration. "There is nothing in the act di rectly prescribing the power or du ties of the president with respect to housing," he said. "Assuming that it may be inferred from the act that the funds are to be used by the president, yet there Is nothing requiring their use, cither absolutely or in any specified con- dttion or circumstance. "He Is free to use them or not. as he sees fit . "There is no guide as to where or when or how these funds are to be used for housing. In a test case which resulted from plans for a model community at Franklin, in Somerset county. New Jersey, the appellate court found there was no constitutional , power "conferred upon the federal I Rovernmcnt to regulate 'nousing or to 'resettle' Domilatlon." Rexford G. Tugwell, in charge of the rcscttltment administration, de ferred comment pending study of the opinion. It was written by Asso ciate Justice Van Orsdel and con curred in by Chief Justice Martin and Associate Justice Robb. The other two members. Justices Groner and Stephens, agreed that constitutional authority was lacking in this case but said the court should "not have passed upon validity of the entire program. A spokesman for Harry L. Hop kins said the work relief program would eo on despite the decision With congress in session, he sain, the act could be amended to me-si thn court's ob lections. The resettlement administration had been allotted $230,308,400 of the works relief fund. Honk ins' works progress adminis tration had received the largest allotment of $U63,926,901. The sweeping opinion of the couri Indicated that certain types of re- )1lef projects were constitutional, ' "We are not here confronted with an appropriation for Internal lm provements of a national character or importance, or the erection jf public buildings or the grant of loans to a state or municipality carrv out public works projects." "As to these," the court said, "w might find In the nature of the ob jectlves a well-beaten path by pippins CHIEF 1CKES HOLDS INDIAN POW WOW J JA Secretary of the Interior Harold L, kkes it pictured greeting Miss Martin Vigil and other leaders of southwestern Indian tribes at a conference at Washington, D. C, when the Indiana complained their toil was being destroyed by encroaching stockmen. (Associated Press Photo) OREGON STATE HAS GO-ED REBELLION CorvallisOre., May 18 (AV -Hun dreds of Oregon state freshmen lost their fledging wings here in the annual "burning of the green" but as many others renounced their rook status two days early in a co ed rebellion. Green caps and rib bons went up in smoke. Campus week-end brought a myriad of activities, prefaced by the Oregon State high school track meet and the dual meet between O. S. C. and the University of Idaho. Rookie stalwarts won the annual tug-of-war with the sophomores. Nearly 300 engineers from all parts of Oregon participated in spe cial departmental events. The an nual Eta Kappa Nu award, ottered the outstanding sophomore in . elec trical engineering, went to William J. Barclay, Portland. H. E. Muenzer, Portland, and A. C. Durland, Roseburg, were announ ced as winners of first and second places respectively in the annual student competition for the best napcr submitted to the Portland section of the American Society of Automotive Engineers. FIVE INJURED IN AUTO CRASH SUNDAY Continuation of Townsend Probe Prom Page One Helen Lama, 580 Center street, Is in Salem General hospital in a very serious condition with injuries re ceived In an automobile collision early Sunday morning at Commer cial and Center streets. Others in jured were Mrs. Preda Tallon, who is still in the hospital with injuries that are not serious, and Jack Dew ey, who received a severe concus- lon, but who was released from tne hospital yesterday. The colliding cars were driven oy Willis Wakefield and C P. Tallon, both of whom were arrested for reckless driving. Against Wakefletd there is an additional charge of having no driver's license. Injuries that did not need hospi ta) attention were received by Tom Tallon and Alice Anderson. Miss Lama and Dewey were in the Wake field car and the other injured ir. the Tallon car. The Investigating committee also wrote Thomas W, Hardwick, Town- send counsel, to produce Edward 1. Margett, San Francisco, recently named national publicity director of the movement, on May 26. The Townsend caravan arrived in the capital yesterday and conducted a ceremony In the mall at the foot of Capitol hill. The delegation plan ned to attend Tuesday s hearings, but was warned that no heckling or disturbances would be tolerated If the caravan was a grandstand play to get publicity, it certainly was a flop," Bell said. 15 Violent Deaths In North California San Francisco, May 18 (IP) Fif teen persons met death in north ern California during the weekend, 16 were injured and 10 were res cued in boating mishaps. Seven of the victims died in auto mobile accidents, two were drown ed, one was slain, three committed suicide, one was burned fatally, and a workman plunged to death. Twelve weekend traffic deaths were recorded in southern California..- ,v i y .'f. ' HKlNLINi; BETTER Portland, Ore., May 18 &) Hos pital attendants said today the condition of Charles Heinline, for mer Roseburg postmaster, as "i little better. Heinline is ill with pneumonia. Attendants said he probably would recover. Continuation of ' T, B. Jones Passes From Page One Year's eve, a year and a half ago. Funeral announcements will be made later from the W. T. Rlgdon Co. Surviving arc a daughter, Mrs. Fred Viesko and two sons, Ray Jones and Bert L. Jones, both of Oervats. Another son was the late W. Al Jones. The following grandchildren sur vive: Mrs. Jack L. Porter of Med ford, Creighton Jones, Herbert L. Jones of Salem, Alvln Jones, Mrs. Cotter Gould and May June Jones, all of Gervals, and Betty Viesko of Salem. Two sisters and a brother. Miss Mary Jones, Mrs. Ida Brackctt, and Paul Jones, all of Portland, also survive. which to supply the omitted means to that end. But the Judges thought different ly about such projects as the re settlement administration In pro mottng. The court said the law "attempts to reach and control matters over which the constitution has given congress no powers.'' CONSTIPATED .v SINCE HER :Tf"V3. MARRIAGE I I'.l FINDS RELIEF AT LAST ;'.' IN SAFE ALL-VEGETABLE METHOD! ! ft dated from her marriage her trouble with FOREST SEEDED ON LONELY ISLE San Francisco (LP) CCC officials, returning from Honolulu, report the discovery of a mystery forest on the island of Kauai. CCC workers were engaged in building trails in Waimea canyon on the island when they came up on a forest of thousands and thou sands of young trees on terrain where all previous expeditions showed -that no forests existed. The trees were of the karaka va riety which is native to New Zea land and not to Hawaii. An investigation of the mystery developed the fact that in 1929, the United States army tri-motor Fokker "Bird of Paradise," which made the first non-stop flight from the United States to Hawaii, had scattered the territory with seeds from the air. At that time many mountain re gions on the islands difficult to reach on foot were planted from airplanes through army coopera tion with the territorial forestry board, but little if any attention had been paid afterward to the results. CELEBRATE BIRTHDAYS . Woodburn The birthday anniver saries of Harold Gilbert and Walter Irwin of Portland were celebrated with a dinner at the L. R. Gilbert home hero Sunday. Covers were placed for Mr. and Mrs A. J. Davis, Mr. and Mrs. W. E. Irwin, Mr. and J. W. Bell, all of Portland. Mr and Mrs. L. R. Gilbert and Harold Gil bert. EXPORT TRADE VITAL TO OREGON STATES ENGLE While Salem is not a seaport, both the city and Marion county have vital stakes In foreign trade, N. H. Engle, of Washington, D. C, assistant director of the bureau of foreign and domestic commerce. told the chamber of commerce Mon day noon, with emphasis placed upon the export feature of Its fruit and other products. Exportation of canned loganber ries is an Important source of in come with 'this class from Oregon constituting nearly 78 percent of the total pack for 1935." he said. "Ore gon exported in excess of $6,000,000 worth of foodstuffs last year." The speaker held that 'Salem, as the capital city, should be interested in the fact that Oregon exported as high as 18 percent of the boxed ap ples produced in 1935, nearly 24 percent of the fresh pears, ana JU percent of the canned pears. Other food items entering the rorelgn mar kets from the state are wheat, wheat flour, evaporated milk and salmon. - 'Ever since 1905 Oregon has pro duced in excess of 1,000,000,000 board feet of lumber annually," En. gle said in referring to the lumber industry of the state, an important item in connection wltn lis roreign trade. "B 1920 this figure had risen to over 3,000.000.000 board feet and in 1934, the last year for which fig ures are available, was 2.380,000,000 feet. Oregon alone, in 1934, exported 187,000.000 board feet of Douglas fir, about 30 percent of the total export nf the United states for this spe cies. This is only one of many for est products which the state con tributes to the world." The denartment of commerce supports the administration's reci procal trade agreement program and is committed to unconditional most favored nation treatment in foreign trade relations excepting those nations which discriminate against this nation, Engle said in closing. INDIAN WALK NOT GOOD FOR WOMEN Washington (IP) American wo men are developing boxy ankles and large calves by trying to walk lilm Indians, according to Margery mu son, feminine psychologist and au f.hnrtl.v on charm. "Her International reputation for having the most beautiful legs in the world, secretly the average woman's greatest point ol vanity, said Miss Wilson, "Is suffering through the mistaken idea that walking flatfooted like an Indian, Is the Ideal of - grace. We don't do anything else the Indians did. so why should we try to walk use them?" It's still a man's world. Miss Wll son insists "no matter what we tell ourselves. Therefore a girl has a right to use any method she can to get what she wants in life. She soon finds out. though, that If she wants ZEPPELIN CHIEF ABOARD HIS SHIP This picture, made by Louis P, Lochner, Associated Press bureau chief in Berlin who crossed tha Atlantic on the Hindenburg, shows Dr. Hugo Ei,kener (right), president of the airship company, and Lieut. Comm. Scott E. Peck, the United States navy's official observer', checking position as the huge airship sailed over the ocean. (Associ ated Press Photo) Plan Trust Fund to Handle Contributions For Care of Kay Francis (Continued from page 1) in a hospital In Portland for a ser ious operation and this toy, whirh she presented to Kay, was her fa vorite one while she was getting well. Connie is Just five years old A prominent Salem matron, re cently back from a visit in Ala bama, took Kay a pickaninny doll the other day. The doll's name was originally "Pearly May" but. Kay calls her "little Kay." Her new dolly has a complete wardrobe of three ensembles, made by hand with tiny DRAW SPAN FLAMES Portland, May 18 (JP A planking fire on a draw-span held up traffic for a short time on Portland's down town Broadway bridge but the blaze was extinguished without major damage by the harbor fire-patrol boat. A discarded cigarette was blamed. Damage was estimated at $100. happiness on the "long pull" she had better play square. The life of the party girl has all the charm of a street accident. "American women, who have de liberately encouraged men to treat, them like pieces of furniture to stress the "equality idea" now spend too much energy being offended for slichts against their femininity, "Men will not be uncomfortable around women. They have a won derful capacity for going to war and getting themselves killed for their country, but let a woman nag them, and Ihcy're off." stitches. Forty-five lads who carry Liberty put in their pennies, nickels ana dimes to the tune of $2.50 and thU morning Mrs. M. E. Ransdell. Ber narr McFaddcn agent in Salem, brought the contribution to the Capital Journal office, along wltn the good wishes of the small boys who sell the magazine. The . students of Leslie Junior high school sent $2 to the Kay Francis editor late Saturday for small Kay. The third and fourth grade Junior Red Cross at Engle' wood school sent $3.05 for the re' habilitation of small Kay by theli teacher, Mrs. Maude Forkner; The Woman's Relief Corps, who nave a silver tea with the cooper ation of the Salem Woman's club last Tuesday, contributed $7.50 to the fund Saturday afternoon when Mrs. Eva Martin called at the Jour nal office. The concern of us all is still con centrated on Kay Francis and her metamorphosis into a strong little girl. Her big eyes have a pleading look. Her face is white and pinched II will be fifteen weeks Wednesday since she was burned. Her fight has been valiant and you, with your good-will, have helped her. The Capital Journal is grateful and Joins with Kay's parents, Mr. and Mrs. Norman Anderson, and the Sa lem General hospital in thanking you for your sincere efforts to help and your gestures of concern arc more than appreciated. AWARDS GIVEN AT CAMPOREE TO SCOUT LEADERS With 200 boys, representing 21 pa trols in attendance, . the i annual camp-o-ree of Cascade ares council which closed a three day session at Lebanon early Sunday afternoon, was the most successful In recent years. James Monroe, executive, stated today. Friday night the boys displayed unusual ability and no little amount of preparation in their presenta tion of a number of skits and plays. Saturday night in addition to the court of honor there was an investi ture ceremony for five scouts from Lebanon. As a result of the camp-o-rcc, the - following patrols earned the right t enter the camp-o-ral which will be held at the state fair grounds, June IB, 20 and 31; A rating Eagles and Elks, troop 9; Wolves, troop 12. Pones, 14, Panthers, troop 3, all of Salem; B rating Flaming Arrows, Beavers, troop 5, Owl 12; Panther 4; Flying Eagle, 31, Albany; Octo pus and Skull patrols, Silver ton; Beaver, 24, Dallas; Bear, 14, Salem; Flying Eagle, 16, West Salem; Rat tlesnake, 51, Lebanon; Viking, 3, Salem. Explorer patrol of troop 4 was given a service rating. Gordon Skinner and Ty Gillespie. Judges, issued the certificates. A number of Boy Scouts received advancements during the May court of . honor. The bronze palm was. awarded Walter S ten man 61 troop 14. Other awards Included: Second class rank Keith Adams, John Engleom, troop 14; Frank Lo gan, Richard Steeves, Charles Zer zan, troop 9; Bob Lemon, troop 15. . Second class merit badges Glen Robinson Walter Koliwer, troop 9; Joe Chase, Kenneth Jamieson, Fred Drake, troop 14. First class rank Arthur Foilen, troop 9, James Morley, troop 4. First class merit badges Clifford . Lento, troop 5, Cecil Hannum, troop 5; Martin Barber, Bill Evans, Ger ald Richardson. Raymond VanNoy, troop 9; Harold Blakely, Teddy Cochran, J, McKnight, J. O'Brien, Frankie Pierce, F, Tartarlnl, Earl Movley, all of troop 14; Guy Dickey, troop 42, Ken Murphy, troop 31. Star scout award Clifford Lent, troop 4, James McKnight, troop 14. Life scout award Cecil Hannum, troop 5, Frank Pierce, Fred Tar tarlnl, Edwin Stortz, troop 14. 55 TO GRADUATE McMinnville, Ore., May 18 (ff Fifty-five Linfield college ' seniors will receive diplomas June 7. Twenty seven also will receive Oregon teach ing certificates. Journal Want Ads Pay f i f l neiD isic ineys If poorly functioning1 Kidneys and Bladder make you inffer from Gsttlnc up ni-nu. nemainm, KheamttK Fains, Stiffness. Burning-, Smarting-, Itching;, or Acidity try tha sniaraatead Doctor's Prescription CystaxtSlu-tax) Paw Must fuc you ud or money UyaWBK back. Only W atdraggists. Camel's Aid to Digestion. ..the Increase in Alkalinity ...Confirmed by Science Hurry, worry, and noise tend to slow down the flow of the digestive fluids. Scientists have found that smoking Camels encour ages the normal flow of digestive fluids ...alkaline digestive fluids. ..so necessary to the enjoyment of food and for good digestion. Smoke Camels. ..for their cheer ing "lift"... for digestion's sake. Dining d Luxe at the Pierre in New York What will you have? Perhaps Borscb Polo nahi, Suprime of Halibut d la Rime, an ice with demi-tasse and Camels. Camels arc a part of the art of dining today. M. Bonaudi, banquet manager of the Pierre, says: "Camels arc most popular here." . "MY MEALS wouldn't be complete with out a Camel," says H.J. Herbert, busy store manager. "I haven't much time for eating or resting. I've found that Camels stimulate good digestion help my food to settle right. Man, what a taste Camels have." ! .ntestinal sluggishness, nervousness, headaches. INOinme rave ncr mote man imilku iciici uniu ihe tried a natural plant and vegetable laxative. CUTICURA 1 Afaravating itch and Irritation dfuppcar I promptly when yog M Cull cur a. Oint- mtnt 26c. Soap 28c. For FREE umplf. TriU "Cntlcurs," DflpL 18. MMn, Mui. Nature's Remedy (NR Tablets). She felt so much better immediatelymore like living. Try NR'syouTBelf.Note how refreshed you feel. NRt sreBokind (oyouriytlem.3eiiecuveinaeannj up ax as, duoti net, headaches. ilMM IJ WFJp- Irfe " 5 A. SPEAR, engineer of the C. & N.W. "400," siys: "I light up a Camel after meals. It makes digestion easier.' GEORGE REIS won the famous Gold Cup Trophy race three straight timesf "I'm a steady smoker," he says "take a Camel as often as I like. 1 cat heartily, smoke Camels, and enjoy good digestion." AERIALIST MUe. Ven Kimrii uyi: "I welcome the way Camels help digestion and good feeling." -rrr C.m.U an mad irom Hn.r, MORE EXPENSIVE TOBACCOS Tuiklih and Dom.iUo than any other popular brand.