THE PRESS, ATHENA, OREGON, FEBRUARY G, 1931
COURT RULING
AGAINST RDAD
Union Pacific Wins Fight
Against New Construc
tion, Central Oregon.
Portland. The Union Pacific will
not be compelled to build a cross
state railroad from Crane in Harney
county to Crescent Lake in the Cas
cades, according to opinion handed
down , Thursday by "the federal cir
cuit court of appeals, an en banc de
cision prepared by Judge Rudkin.
The opinion enjoined , the inter
state commerce commission from en
forcing its order that the U. P. build
this 185-mile extension, at an esti
mated cost of $16,000,000.
The opinion is concurred in by
Judge Wilbur of the court of appeals
and Judge McNary of the district
court, before whom the motion to en
join was argued recently.
Two important and controlling
questions are involved in the case,
said Judge Rudkin. One is the au
thority of the interstate commerce
commission to order railroad exten
sions, and, second, the sufficiency of
the testimony to justify or support
the order if authority for it be found.
On the questions of the authority
of the commission the opinion con
strued the transportation act to mean
that the authority of the interstate
commei-ce commission may be limited
to such extensions as are reasonably
necessary to reach communities and,
industries which, the carrier has
professed to serve or according to an
undertaking which it has expressly or
impliedly assumed.
"Such construction," said the opin
ion, "will give full effect to the pur
pose of congress and make the act
conform to the practice then prevail
ing in many of the states.
"When the act is thus construed
the order in question exceeds the au
thority of the interstate commerce
commission and is void. Its enforce
ment must therefore be enjoined."
Intervenors on the part of the gov
ernment were the Oregon Public
Service commission and the Idaho
Public Utilities commission.
The Southern Pacific company in
tervened in behalf of the O.-W. R. &
N. company.
On the part of the railroad com
pany it was argued that the exten
sion would not develop sufficient busi
ness to justify the estimated expendi
ture of $16,000,000 and furthermore
that it was not a public necessity and
would disrupt transportation systems
now existing.
Oregon Senate Passes
Power Measure By the
Pronounced Vote of 28-1
Salem. The unnpr house nf flip
Oregon state legislature passed Sen
ator w. tj. Burke's administration bill
calling for repeal of the statue re
quiring issuance of . certificates of
public convenience and necessity to
public utilities.
The vote was 28 to 1 with one sen
ator recorded as absent.
Senator Burke declared the present
law had resulted in nowrrfnl mnnn.
polies and had allowed larger utilities
10 curtail service and increase rates.
He said the law had permitted the
"telephone corporation to charcn ex
cessive rates and build up larger re
serves" and that under it the rail
roads Were attempting- ta "pnrraV
the truck business in Oregon.
Repeal of the law was advocated
bv Governor Julius L. Meier who in
a statement said it "bottles up pub
lic utility development, stifles com
petition anil nreventa nntsirlu rnnitnl
from entering this state for develop
ment,"
INTANGIBLES TAX
REFUSED
HEARING
Supreme Court Maintains
Law Discrimatory Oper
ates Against Individual.
Ruth Garrison to Plead
After nearly 11 years of confine
ment in the insane ward of the Wash
ington state penitentiary, at Walla
Walla, Ruth Garrison will be permitt
ed to go to Seattle to make another
fight for her freedom. Miss Garrison
poisoned Mrs. Douglas Storrs in 1920
out of jealousy for her husband, and
was acquitted of the murder "by
reason of insanity." For years she
has been trying to obtain her. release
on the ground that she is not insane,
but her efforts have been blocked on
the contention that there has been no
showing that her mental condition
has changed since she was committed
to prison.
Real Estate
Wheat Alfalfa and
Stock Land
SHEEP FOR SALE
L, L. Montague, Arlington
Bruno Weber
AND
Repair Work
Prices Reasonable
Successor To
JENS JENSEN
Pleads Guilty to Sale
and Possession "
B. B. Richards, when in
terviewed by the Press
man, pleaded guilty to the
sale of the best insurance
obtainable for the money
and possession of , more
policies in reserve ready
at a moments notice for
your use and purpose. A
policy for every hazzard.
i B. B. RICHARDS,
Insurance ?,
Would Keep Home Open
"Ten thousand dollars would keep
the Stubblefield home for children
open." W. G. MacLaren, general su
perintendent of the Pacific Protective
Society, said in an interview. "I am
here in the interests of my society,
with the hope that I may assist in
finding some way to keep the Stubble
field home open and operating inde
pendently and it would seem that if
the Walla Walla citizens and business
men would get back of the home and
assist in its financing, it would be
possible for the doors to be kept open
and the work continued."
HER EYES NEED
ATTENTION!
DON'T take any
chances. Have her
eyes examined at once.
Defective eyes are a han
dicap too great for even
the brightest child. How
can she comprehend
things she only naif sees?
A thorough, complete
examination of your
child's eyes and a fitting
with Orthogon Full-Vision
Lenses can save her
from serious future
harm.
Dr.DaleRothwell
Eyesight Specialist
Over Woolworths
Pendleton, Oregon
Contoure Specialties
Beautify the Complexion
Strengthen the Countour
RAPID CLEANSING CREAM
SKIN FRESHENER "
SKIN FOOD
; FINISHING LOTION
Athena Beauty Shop
Sadie Pambrun, Operator
' Phone 32
Salem. Rehearing of the Intangi
bles tax case, petitioned for by At
torney General Van Winkle, and by
several other attorneys as "friends
of the court," was denied by the su
preme court in an opinion by Justice
Rossman. In an opinion , several
weeks ago the court held the tax act
of 1929 to be unconstitutional be
cause of its discriminatory nature.
The opinion, it is pointed out here,
clears the way for legislation on this
subject which has been held in abey
ance pending the court decision on
this Doint.
! In his opinion Justice Rossman re
iterates the position previously taken
by the court to the effect that the
intangibles tax act discriminated as
between individuals and corporations.
The tax, the court holds, "operates
to the disadvantage of the individu
al." The tax as enacted by the 1929
session, the opinion points out, "ope
rates upon its subject matter in
tangible property more directly than
the ad valorem tax on real property.
It clips from a bond a part of the
interest coupons as effectively as if
the state performed the physical act.
It is these circumstances together
with the others mentioned in our
previous decision which have brought
us to our conclusion that this statute
imposes a tax upon property."
The court disclaims any intention
to overrule a previous opinion of the
court dealing wtih the income tax act.
The validity of this act was decided
in the case of Standard Lumber com
pany vs. Pierce.
"No such thought was in our
minds," Justice Rossman declared.
"Quite to the contrary we referred
to that decision with approval. We
believe that an obvious . distinction
exists between the situation brought
before this court in that suit and the
circumstances disclosed by the in
stant' case. The statute there in
question was conceded by all to be an
income tax statute and hence this
court was not called upon to deter
mine its nature."
' Even though the court should view
the intangibles tax as another form
of "income" tax as was argued by
supporters of the tax, the court points
out that "still a discrimination would
exist between the individual and the
corporation. The former would be
taxed at the rate of 5 per cent upon
his gross income from intangibles
and would also be subject to a furth
er tax upon his net income from all
other sources while the corporation
would escape both of these taxes and
be subject only to the excise tax."
"It seems to us," the opinion con
cludes, "that if the legislature did
not intend that these three acts
should reach different subjects of
taxation it would not have entitled
them with different names and would
have written them in one act."
Justice Kelly and Campbell, who
were not members of the court at
the time the previous opinion was
handed down, did not participate in
the opinion.
To Clarify the Present
Gasoline Cowboy ' Law
The clarify the present "Gasoline
Cowboy" law a bill has been intro
duced in the house by the committee
on livestock and agriculture.
Fish wagon peddlers are excluded
from the provisions of the act. A
bona fide producer of livestock must
be in possession of the meat food
animals or poultry he proposed to
slaughter at least 30 days immediate
ly prior to the slaughter or if he de
sires to sell to a retailer he must
obtain a producer sale tag. A ped
dler license is required if he wants
to peddle his own meat. A poultry
tag is required if more than ten birds
are sold at any one time.
The bill makes it unlawful for any
one other than a bona fide producer
of meat food animals to transport any
unstamped carcass or dressed poultry
unless the person selling or transport
ing has in his possession a certificate
of sale."
Meals all hours of .the day
We can give you the best
That money can buy
KILGORE'S CAFE
Assist Income Tax Payers
To assist income : tax payers in
making out their returns, Clyde G,
Huntley, collector of internal reve
nue, has made arrangements for
deputy collectors to be at the fed
eral building in Pendleton February
1 to 16 inclusive and February 26 to
March 16, inclusive, where any in
formation pertaining to making out
returns may' be had.
Milton Pioneer Found
James R. Huffman an aged pioneer
of Milton, who had wandered from
the home of his son, Friday after
noon, was found in an unconscious
condition lying beside the power plant
flume south of Milton, Saturday af
ternoon. He had fallen from ; the
flume while attempting to cross it
He was removed to a hospital at Wal
la Walla.
High School Notes
Will Hold Convention
The Woodman of the World, Head
Camp protest committee will hold a
convention in the Portland, Oregon,
council chamber, city hall, on Feb
ruary 9 at 9 m. ; ,
Classes
The biology class is studying about
all types and growth of bacteria.
All pupils who are taking typing
are keeping records of their work and
are trying to make them as good as
possible. These records are posted
on the board and provide an incentive
for competition.
Student Body
The customary student body meet
ing which is held once a month was
held Friday morning. A financial re
port was given and Mr. Bloom gave
a short talk about the coming Vaude
ville. A few songs were sung and
the meeting was adjourned.
Faculty
Miss Cornelia Tomes was a week
end guest of Mr. and Mrs. Bloom.
Miss Tomes teaches at the Haw
thorne school in Pendleton.
Music
The Glee Club sang two numbers,
"Woodland Calls" and "Grandfather's
Clock," Monday night for the W. C.
T. U. meeting at the high school au
ditorium. The band played "America"
and "Abide With Me." Both the
Glee Club and the band are progres
sing rapidly and they will appear
many more times before the school
year is over. '
Society
The Girls League met last Tuesday
and enjoyed two piano solos played
by Esther Berlin and Marjorie Mon
tague.
Mac-Hi Defeats Athena
The Mac-Hi quintet defeated the
Athena locals, Saturday evening,
January 31, on the Athena floor by a
score of 35-24. Athena took the
lead with Jenkins making a foul shot
but were soon overcome by the Pio
neers. Both teams played a man to
man game and checked closely. Each
team threatened to score at any mo
ment. The Athena boys were out to
win and gave the Pioneers a close
run. Both teams played clean. Crow
ley of Athena was high point man
making 10 points. The line-up for
Athena was: Crowley and Jenkins,
forwards; Huffman and Rogers,
guards; Hansell, center; L. Jenkins,
McCullough, Weber, and Moore, sub
stitutes.
Grade News
The 5th grade is studying the New
Netherlands and is making a sand
table project of the lives and indus
tries of the country along with their
study.
The 7th and 8th grade boys' and
girls' basketball teams drove to
Adams Thursday and defeated the
Adams grades in both games.
Personals
Roland Richards was in Walla Wal
la Sunday.
Fred and Walter Singer motored to
Echo Sunday.
Wayne Banister was a Pendleton
visitor Sunday.
Solista Pickett was in Pendleton
Sunday.
Marjorie Montague and Bernice
Wilson went to Pendleton Sunday.
Leland Jenkins went to Helix Sun
day.
Vineta Weaver shopped in Pendle
ton Saturday.
Trans-Atlantic Mail Will
Not Go On Zeppelins
Washington.. Transoceanic mail
flights of the near future will be by
plane rather than by dirigible.
Postmaster General Brown made
that clear in a discussion of the Mc-
Nary-Parker bill asking air mail con
tracts for Zeppelin ocean mail opera
tnra. as compared with the projected
plane route to Portugal by way of
Bermuda and the Azores.
The diriciblea. Brown said, had not
proven themselves as speedy, as
manageable, or as capable ol keep
ing to schedule as planes.
Deer Fast In Tree
While working in the woods east
of Joseph last week, Kenneth Blevans
came on a tragedy of the forest. He
was attracted to the edge of the
thicket where his dog was barking,
and there found a deer on the ground,
one antler caught fast in the branches
of a fallen tree. The buck was re
leased and Blevans tried to revive it
but it was beyond help. Snow indi
dicated he had been in a battle with
another buck before being caught in
the tree.
Ureei Aid For Stanfield
Senator McNary, has introduced a
bill providing for rehabilitation of
the Stanfield Irrigation Project. The
bill would appropriate from the re
clamation fund $100,000 and author
ize the secretary of the interior to
purchase the canal system, place the
irrigation system in good operating
conditions and loan to the Stanfield
Irrigation district as much of the
money as the secretary deems neces
sary to liquidate its indebtedness.
Has Important Position
Mrs. Margaret Richardson Galla
gher, who held the position of cata
loger and supervisor of books for
county branches and schools at the
Umatilla County, Library in Pendle
ton from February 1917 to November
1918, has been appointed to the h-
brarianship of the Junior College of
Connecticut, according to announce
ment of E. Everett Cortright, presi
dent or the" college.
vV
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8
When It Comes To Repairs:
Who Wants an ImitationP
"W70ULD you call on your local mer
" chant and ask him for "imitation"
sugar, or raisins, or coffee? Would you
ask him to sell you a pair of shoes
made of something "just as good' as
leather? Or a suit of clothes "made
for" a man, whether or not it fits you?
Get the Genuine
International Repairs
When you need re-
Pairs for your I H C
arm Equipment,
buy the genuine re
pairs. See that this
trade-mark appears
on each piece.
Genuine I HC repairs are made from the
original patterns all others are copied from
copies. Genuine I H C repairs are made of
the same material, have the same finish, fit as
accurately, and wear just as long as similar
parts purchased with the original implement or
machine.
We are the Authorized IHC Dealers
There is one certain and infallible way to
secure genuine IHC repairs buy them from
us. And remember that International service,
rendered by us, can only be 100 per cent right
when International machines are equipped with
genuine International repairs.
Rogers . Goodman
(A Mercantile Trust)
Northwest Wheat Real
Problem Says Milnor
Oregon, Washington and Idaho nro-
duce a "burdensome surplus" of
wheat in the opinion of George S.
Mimor, president of the strain stab
ilization corporation.
Milnor, together with C. E. Huff.
president of the Farmers National
Grain corporation, was in Portland
Monday to confer with representa
tives of the organization.
Northwest grown wheat does not
have sufficient outlet, Milnor said.
Shipped to the east, freight rates in
crease the price until it costs more
than gram east of the Rockies. The
outlet across the Pacific is not at
tractive because prices there are low
er than the cost of production.
Convicts Captured
Lee Duncan and Dan Flynn, who
escaped from the Oregon penitentiary
were captured in a school house base
ment at Jefferson, when the janitor,
smelling the odor of tobacco, inform
ed the town marshal. The convicts
were found under a woodpile in the
basement and returned to the penitentiary.
More Time for Bridge
The Butler bill, extending time for
beginning construction of the propos
ed bridge across the Columbia at
Arlington, passed the house and has
been sent to the senate.
0REG0NIAN HEADS
MOHAIR INSTITUTE
' 5
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, A. C. Gage, of Portland, Ore., edi
tor of the Angora Journal, and inter
nationally known mohair authority,
who has been named director of the
newly-established Institute at Cht
i cago that will carry on researches In
I the uses of fabrics made from the
I fisecw oijacfcsH f9W . -
WDiAT DS
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"Advertising is the education of the public
as to what you are, where you are, and what
you have to offer in the way of skill, talent or
commodity. The only man who should not
advertise is the man who has nothing to offer
the world in the way of commodity or ser
vice." Elbert Hubbard.