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About Capital journal. (Salem, Or.) 1919-1980 | View Entire Issue (June 13, 1944)
4 Capital Journal, Salem, Oregon, Tuesday, June 13, 1944 Capital jkJournal SALEM, OREGON ESTABLISHED MAKCH I. HUH An Indtpandent Hawipapar Pubimhed Evarj Alternoon Eirapl ff'inria tt 444 ChamakeL SL Phonea Buatnraa offlca 1311: Nawa Room 1573: Bocitir Editor Ia7 CEOKGE PUTNAM. Ed!'.or and PubllRhfr JXLL X4 SED WIRE SERVICE OF THE ASSOCIATED PRESS AND THE UNITED PRESS SUBSCRIPTION RATES) ITT CARRIER! Wfcklr. I IS: Month!?. I IS: Ont Taar. IS 00 RT MAIL IN OREGON: MonthJT. 100; Sis Month. 13 00: On Taar. II OA. UNITED STATES OUTSIDI OREGON: Uonthla. 1 10: 811 Unntha. II 10; Tfir. II 10. The Asaoclatad Praaa la atelualval? anlltlad to Iht ua Inr pub!trat!tn of all paw dlapatehra eredltad IP It of otherwlaa credited In thia paper, and alio local' newe publlehed herein. A Futile Maneuver Despite the apparently elaborate preparations in laying their groundwork, the announced intention of certain demo cratic politicians to unseat John H. Carson and Frederick S. Lamport as state senators pro tempore serving in the ab sence with the armed forces of the regularly elected senators from Marion county is doomed to certain failure. ' Proponents of the strategical maneuver, credited in press reports to Lew A. Wallace, newly elected democratic nation al committeeman, may possibly succeed in their attempt to have the courts declare the seats now occupied by Carson and Lamport vacant until Hied at the November general election, but they will not deprive the incumbents of the chance to continue in office by election. The voters of the county will see to that. Under a special statute passed by the 1941 legislature to meet war conditions, Carson and Lamport were appointed by the Marion county court to represent the county in the senate during the absence of Senators Allan Carson and Douglas McKay respectively, both of whom enlisted in the army. The procedure was the same as in filling any other legislative vacancy between elections, and the pro tern sen ators were seated and served throughout the 1943 session. But the question was raised at the time and still remains undetermined as to whether the legislature has the author ity to provide for a method of filling vacancies to elective offices by appointments extending beyond the next ensuing general election. The prospects are strong that neither Allan Carson nor McKay will have returned to civilian life to re sume their offices prior to the November election or before the legislature convenes again next January. Both were elected to senatorial terms expiring in 1946. Another moot question which complicates the legal situa tion is whether the senators upon entering the armed forces did not legally forfeit their state offices. But this, the supreme court has ruled, is a matter for the senate to decide in judging the qualifications of its members. The issue of electing successors to the two absent senators at this year's elections was raised prior to the primary elec tion in May. But acting upon the advice of the attorney gen eral, the secretary of state declined to include nominations for the offices in his call for the election. The democrats did not challenge his decision at the time, but instead laid plans for their strategical coup. - They caused to be written in on some democratic primary ballots the names of Ralph Campbell and Kenneth Bayne as democratic nominees for the two senatorial seats, and are reputedly preparing to take legal steps to compel the secre tary of state to certify their names to the Marion county clerk for inclusion on the November ballot as candidates for the alleged vacancies. They may succeed to, that extent. But it is unlikely that they would be able to elect their candidates in this prepon derate republican stronghold. In the event an election is ordered by the courts, plans are already under way to offer the names of John Carson and Lamport, or even Allen Car son and McKay, as republican or independent-republican candidates for the same offices. The people of Marion county will not be led into repudiat ing the protection afforded the men of our armed forces by the legislature through any such political chicanery. Supreme Court Reversing Policies Concerning the now confirmed practice of the present stacked supreme court to disregard precedent and reverse decisions of long standing, Justice Frankfurter in a dissent ing uttered last February warned: "The tendency to dis regard precedents has become so strong in this court of late as to shake confidence in the consistency of decisions and leave the courts below on an unchartered sea of doubt and difficulty without any confidence that what was said yes terday will hold good tomorrow." Some of these decisions have the practical effect of enacting a sweeping new piece of legislation, as they nullify legislation based upon long accepted court rulings, so the court is in effect usurping legislative functions. This was the case in the recently four to three decision holding that the insurance companies are in interstate commerce and so subject to the Sherman Anti-trust law, upsetting preced ents which began with a contrary decision over 75 years ago and repeatedly affirmed since the adoption of the anti trust law in 1890. In making this decision, the court has not only reversed its 75 years of rulings but reversed the policies of the court for 110 years by deciding a constitutional question by a minority of the full court. Charles Warren, author of "A History of the Supreme Court" and the foremost authority on the subject says: "It should be' noted thrtl the decision nn a constitutional ques tion of vast importance was rendered by a minority ot the full court. This decision, therefore, reverses a wise practice of the court instituted by Chief Justice Marshall's court 110 years alio, in 1834. whereby the court then voluntarily asserted that it would not decide any case involving a constitutional question unless a majority of the whole court should concur." This policy was adopted in 18,'M and had been adhered to ever since. When a majority did not agree, the cases were directed to be re-argued at the next term under the expectation that a larger number of judges may be then present, and if they were not, action was postponed until heard by the full court. The insurance decision is the first time in the whole history of the court of a decision over ruling any previous decision by justices numbering less than a majority of the whole court. Mr. Warren says that since 1789 in 155 years there have been 70 decisions of the court overruling previous cases. In such decisions, the opinion of the court has always been concurred in by at least six judges, except in five cases when the decision was by five justices to four, and in one when it was by five justices to three. 1i4ie1 You all did see that on the Lupercal I thrice presented him a kingly crown, Vhich he did thrice refuse: teas this ambition? Sip for Supper By Don Up john plained, "and everybody knows that's hard to hit." We noticed the word "pull" on the front door of the war bond headquarters. It's a mis nomer. Nobody needs a pull to buy a war bond. Just a little word of warning from Harry Bell, supreme court Judge, to George Swift, dominie of the Episcopal church. "I'm surprised at the dominie," said the supreme court judge. "Throwing temptation into the way of little boys in these days when juvenile delinquency is supposed to be at its height. Yes sir," continued Harry, "and what do you suppose the dom inie has done? He's planted watermelons in his victory gar den." Now there you are, Rev. George. It's not often a su preme court justice doffs the dignity of the woolsack long enough to chicle us civilians other than through the supreme court reporter. But if George has good luck with the melons maybe we'll try personally to remove the temptation from the kids on some dark night. Our Dr. and His Past (23 Years Ago in Pendleton East Oregonian) Plucked from death in "the fourth reel after flirting with the undertaker for veritable eons, Dr. and Mrs. David B. Hill, accompanied by their guest. Verne Hardin Porter, writer and magazine editor, and also James Hill. Jr., and Freddie Hill and Tumbler the dog, and what remained of their sunken spirits, returned to Pendleton from Bingham Springs. Mr. Porter; en route to New York to become editor of the Hearst magazine group, had never driven a Ford before. Dr. Hill drove when the car was run ning. Eventually they rented a car to get to the Springs. W. Schwartzenberg and his family brought them back to Pendle ton. Heard on the street from one female to another: "1 make a cake for she and I and it just dries up." Which she found out when her and she tried to eat it. to get him coralled when he hasn't got enough gas to go fishing. It's beginning to look now as though the number of marriage licenses issued for June will ex ceed the number of divorces filed or granted which might almost be news. We find on our accustomed rounds these days that about the only question asked of a newspaperman is "what's new in the war?" That universal interest in one subject should make this war bond drive a pretty easy affair to put over. Novelties In the News (By tin Anorlntrd PrcvO Private's Collection Chanuto Field, 111. An old army tradition made Pvt. Leon Stewart, $70 richer. Custom decrees a newly -commissioned officer must give a dollar bill to the first enlist ed man to salute him. Pvt. Ste wart was walking near the bar racks of a group of cadets who a few minutes earlier had been commissioned second lieuten ants. Out came 70 new officers. Pvt. Stewart used or.e hand to salute, the other to collect. Sure Enough Seattle It might have been the bomber's name that brought his crew through 28 missions over Europe without a casual ty, thinks Lt. William Flem ing. "It was Jack Pot." he ex- CI imax San Francisco Seaman Rou det O. Turner, south Pacific veteran, though he was lucky to be rescued when his ship foundered on the Farallon is lands off San Francisco last month despite loss of his wal let and $1,040 in currency. But now Turner has his sav ings, too. The wallet, currency intact, was found on a beach 25 miles from the scene of the wreck and returned to him. Last Word Boise, Idaho Governor C. A. Bottolfsen planned to keep a speaking engagement despite influenze and a 101-degree fe ver, called his secretary. Mrs. Bottolfsen received the governor's aide, smilingly said the executive would make no speech. . I . . He didn't. ! Air Mail Delay . Urbana. 111. 'ihe massage St. Sgt. Clarence Bowlin, Fly ing Fortress waist gunner, drop ped from a plane as he flew over Urbana in January, 1943, has been delivered to his mo ther. The note, encased in an empty shell, was found on the roof of a Champaign depart ment store by J. Howard Heis scr, who went to the roof to take pictures, lt was given to Mrs. Bowlin, 18 months after "delivery." Sgt. Bowlin now is a prisoner in Germany. Priority White Plains. N.Y. Mrs. Marcelle M. Broeckx, a jure in a slate supreme court trial, told the court her soldier-son's furlough had but one day to go and she would like to spend it with him. The judge and opposing attor neys consented, Mrs. Broeckx and son went to the beach and the trial went on with only 11 jurors. rheWar Today By I)e itt Mackenzie An interpretative analysis of war developments by a fam ous Associated Press war cor-responaent. The burst of sunshine over ; Hitler's Atlantic wall and the I English channel during the ! past 24 hours has given a fine lift to the allied invasion, which came so close to disaster in its inception and had been terribly handicapped ever since, because of the vagaries of a dyspeptic weather man. The great allied beach-head on the Cherbourg peninsula is so well established that even yesterday allied headquarters was able to say the general si tuation was "better than satis factory." (I like the note of reserve in that official thumb nail summary. It expresses con fidence but doesn't burble). We now have an eighty mile front with a maximum depth of some eighteen miles. Getting Ahead That strip of coast won by so much gallantry and sacrifice and superb generalship is of course still more shallow than we like. However, it's deep enough so that the allied troops are increasingly able to take the initiative, despite the great advantage the Hitlerites held at the outset in their powerful defenses. In short, we are get ting ahead with the job, and if the weather man will favor us, our Normandy victory gar den will flourish. One of the most important developments produced by the appearance of the sun was the really terrific bombing which the allied airforces have been giving western Europe. Yester day some 10,000 sorties were flown by American and British warplanes. They blasted brid ges, communications, troop movements and what not. It was a field day. Block Reinforcements Now the significance of this is that they were blocking the movement of German reinforce ments and supplies to the Cher bourg peninsula. They also were disrupting the lines of approach to the potential in vasion points at which the al lies may strike at any time. The German airforce showed up in greater strength than at any time since the invasion but it was a weak display. This intensified allied air at tack emphasizes a vital point which we should keep in mind. The reason we are able to in vade western Europe through Hitler's powerful defenses is because of two things: The allies have vast air su periority: they have vast sea superiority. Dominate Air and Sea 'v. Had the Hitlerites been wit I to challenge us heavily on these two cardinal points, there would have been a far differ ent story. It might easily have had a bad ending for this great est amphibious invasion attempt of history. Certainly there would have been a battle so de structive as to appal the world. Hitler's lack of air power is his most dangerous immediate weakness, as is being well exemplified in the fighting on the peninsula. Not only has nazi Field Marshal Rommel been handicapped in actual bat tle, but he has been unable to protect troop and supply move ments to the peninsula, for despite the bad weather the allied fleets have performed a wonderful service. The result is that Rommel has lost invaluable time in hitting the Invading forces when they were in nVeir most dangerous position. Scientists have taken the col ton out of gun cotton, since smokeless powder now is made from plastics. 1 St. Father's day is approaching and all over the land fathers are beginning to wonder just how much It is going to cost them again this year. But the old man in most families Is a patient guy that takes this sort of thing in stride. This year it will be easier for the family Engineers Meeting Called for Thursday Portland, Ore. June 13 The U. S. army engineers hearing here Thursday on de velopment of the Columbia system will be limited to navi gation problems, officials said today. Hearings on irrigation, flood control and other phases of river development will be held later. Port officials, shippers and Chamber of Commerce repre sentatives from Portland, Sa lem, Corvillii, uftcn and The Dalles, Ore., and Longview, Vancouver and Camas, Wash,, are expected to attend Thurs day's meeting. Upper Colum bia river cities also may be rep resented. Rendering Unto Caesar Burlington. N. C. tPi A farmer, notified that he had un derpaid his income tax by one cent, applied for a money order which cost a ten-cent fee plus three cents in postage. When a postal clerk suggested that he enclose a penny, the farmer re plied: No sir! It's worth 13 cents to get a receipt to stop those dunning penny letters from the government. Chills! Thrills! and Romance . . . Murder at Cantllcwood Tlir Nrw Srrin! 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