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LUE SHERMAN COUNTY JOURNAL. MORO, OREGON FRIDAY, SEPTEMBER 20, 1935
YAGB TWO
7
^er^an Qlmuttg Journal
SHEKMAN COUNTY OBSERVER, Established Nov. 2, 1858
GRASS VALLEY JOURNAL, Established Oct. 14, 1897
CONSOLIDATED, MARCH 6, 1931
WASCO NEWS-ENTERPRISE, Established 1891
CONSOLIDATED MARCH 4, 1932
Published Every Friday at Moro, Oregon, By
Managing Editor
GILES L. FRENCH
NO
3 H
Entered as second-class matter at the Postoffice, at Moro, Oregon,
under Act of Congress of March 3, 1879-
SUBSCRIPTION RATES—PAYABLE IN ADVANCE. “
One Year .....
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......... ............................. 3150
SEPTEMBER 20, 1945
THE RIVER
It appears that those working
for the development of the Colum
bia river have at last gotten out
of the b.ush league stage and are
ready io advance into a different
class. Fc! many years the project
has been accorded attention *in
chamber of commerce resolutions,
reports by farmers organizations,
talks before scattered and unaffil
iated groups. Now, through the
action of the Inland Empire Water
ways association, all these efforts
are to be made cohesive and co
herent.
The above mentioned organize-
tion is led by a board of directors
that command the respect of peo
ple throughout the district It has
a definite objective. Because it
combines the entire area which will
be affected it is not subject to
partisian or local antagonism. It
should do much to bring about the
development of |he river for navi-
gation, power and irrigation if all
these seem desirable.
The program of the organiza
tion at the time of its birth in
cluded substitution of seagoing
locks at Bonneville, which has been
done, and the channel improvement
of the river between Celilo and
Umatilla rapids, the contract for
which has been let. Thus two of
the objectives have been realized
or are on the road to realization.
The next construction the asso
ciation is asking for is the building
of the Umatilla Rapids Dam and
a dam on the Snake river to
make river transportation possible
as far as Lewiston.
A vast mapority of the farmers
of the inland empire have long
held that navigation on the river
was one of the most direct means
of raising the price of their pro
ducts. Our price is set at tide
water and tidewater is 12 cents
away. If through the use of the
river we can bring tidewater three
or four cents nearer it will be that
much saved to the producer and
consumer alike.
The middle section of the river
cannot expect to have a regular
service unless the upper section is
also usable. Boats that go to
Lewiston will pass Biggs, both
coming and going, and will be avail
able for our use Up river traffic
can be increased greatly if it can
be made usable by people farther
inland and the benefit will accrue
to everyone living near the stream.
For years we have used the river
for the same purpose as the InJ
dians did—to fish in. Now it looks
as if we might at last prove more
able than they to use natures
handiwork?
party.
Everyone has noticed the pre
ponderance of small cars among
the bright and shining new ones
that travel over the highways. That
is. they are cars that were small
when the name was applied to
them some years ago. The well
known and persistent depression
has had something to do with the
demand for lightness and low cost
in motor cars. That is certain
But it is also true that the de
velopment in better cars in all
classes has made people better sat
isfied
to drive the cars that were
1
comparatively
cheap in the twen
1
ties.
The best remark on the Italian
and Ethopian situation we have
heard was made by a Grass Valley
man
who said, “It‘11 work out all
’
right. Italy will go to Africa and
1 get more territory or it will lose
a lot of men and won’t need so
darn much territory.”
Maybe the county could get a
monoply on the slot machines and
use them to collect taxes with. A
whirl a day would keep the sheriff
away.
STATE AFFAIRS
(Continued from page one)
ballot at the Nov., 1936, election.
Kent Auxilary
Starts Winter
Shaniko, little Wasco county
town which had 100 residents when
the 1930 census was taken, is the Aid Campaign
envy of the state.
The city has no taxes, no debts,
and is on a cash basis, F» P. Wag
ner, city recorder, wrote Secretary
of State Snell. Shaniko has never
had a budget and doesn’t see why
it should have to draw one up now
to submit to Snell in view of a
law passed by the last legislature
providing for auditing of municipal
accounts.
Governor Martin is getting
ready to move again for the sec
ond time since the capital fire. He
and State Treasurer Holman and
the board of control employee* will
move from the supreme court li
brary to the fourth floor of the
main office building. There they
will take over the offices of the"
World War Veteran’s state aid com
mission, letting them move up
stairs to the state engineer’s quar
ters. The latter will move ta’the
Elk’s temple downtawiY. It’* all
being done because the supreme
court had complaints from attor
neys that there was too much noise
in the library what with all the
stenographers and bookkeepers at
work.
The sensational Kellaher-Banks
bribery case, involving an ex-state
parole officer and a murderer, is be
fore the Marion county grand jury.
Dan J. Kellaher, Portland, for
mer parole chief, was accused of
agreeing to accept a $50,000 bribe
to obtain Banks’ release from
prison.
L. A Banks, ex-Medford publish
er, serving a life term in the peni
tentiary for the murder of George
Prescott, Medford constable, has
repeatedly sought release from
prison.
Real estate is looking up, thinks
The league for the Prevention C. V. Johnson, deputy state real
of Noise is making a lot of it these estate commissioner. Oregon has
days.
1500 persons in the business, some
12 1-2 percent more than the same
It is most fortunate that the St time last year.
Brokers report
Louis Cardinals didn't go ahead more calls for property than at any
and sell a lot of world’s series time in the last seven years.
tickets.
Wheat seeds that lay in the cor
This legislature will have some- nerstone of the burned state capi
thing to decide. Who is a member tol for 60 years turned out to be
of the legislature, where the state dead. The state department of
house is going to be and what it agriculture experimented on the
shall look like. Its like the first the seeds, hoping to rouse them
legislature gathering held in the back to activity. They were placed
state
in the corner stone by S. F. Chad
wick, secretary of state in 1873
The dust was laid in part of the
“Increased speed has definitely
county last Friday when a series
of little showers fell. At the sta boosted the percentage of fatalities
tion fifteen hundredths of an inch in accidents on the open highway,”
was recorded. While a much lar reported Secretary of State Snell.
ger rainfall was felt at Kent there Experienced drivers cause 85 per
was not enough any place to do any cent of the accidents.
good to the land or to aid the next
crop as the warm days that fol
lowed took the moisture out of the
soil in a short time. More is
wanted.
In Other Days
*
Beauty without grace is h{e the hcx^
I
I-,..,.... ............. . .......
From The Observer Sept. 21, 1906.
It is reported that O. L. Belshe
has purchased the Elwood Thomp
son farm near Spalding Chapel.
Writing from Denmark to Judge
Bourhill, Peter Knudsen says, “I
am not making as much money
here as I did in Sherman county,
but I am having a better time.”
Wm. Booth and family now re-
side in Texas. Bill’s first invest
ment in Texas realty was 20 cents,
made in Wasco, from which he has
realized $30,000 so far this fall and
more in sight
O. W. Axtell received some toma-’’
toes from Albany last week that
were prize takers. Two of them fill-
ed a 10-lb lard bucket.
Richard Dingle’s crop off 500
acres netted 3676 sacks of No. 1
wheat and his unland orchard pro
duced some excellent fruit, notably
pears.
From The Observer, Sept. 22, 1916
Sheriff McKean has sold his
Ford runabout to F. E. Fortner and
has a five passenger Ford to talfe
its place.
■ • -
/
Max Pluemke, John Schassen and
A. S Johnson are Kentites attend
ing the "Round-Up from this county
Carl Peetz was seen on the
streets Wednesday afternoon look
ing as hale and hearty as of yore,
before his recent spell of illness.
Members of the city council have
arranged for the immediate repair
and widening of the relic of the
flood waters at the foot of First
street.
F. R. Axtell expects to leave soon
for Kent where he has the contract
to paint and finish the new home
of Carson von Borstel.
*
On Wednesday afternoon. Sep
tember 11, the American Legion
Auxiliary of Kent its first meeting
of the season. Eight members were
p recent.
Plans were made -for the dance
supper for Saturday night and for
an opening card party to be given
on Saturday night September 21st
at the Legion hall.
Announcement hM-. been made
that the history of our unit is
now complete, i^.^Mir own Ale®«
The Departmentof Oregon has had
a complete copy of our history for
some years but we failed to keep
all our records. Tho^e lacking have
been copied from |be Department
files. This year we nope to add to
dQr records the history of each
past president of Our unit and per
haps the history^of all charter mem
bers.
.
, During, th^ next few months we
hosmtgl chairman to 1
are ask by our hoap^
save chicken feathers to be used
in making chair cushions for the
veteran’s hospitals in Portland and
Roseburg. Anyone in the com-
munity, whether a member or not,
leaving chicken feathers they wish
to donate for this purpose may give
them to Cassie Holmes, hospital
chairman. Aay donations will be
welcome. Cushions filled with
chicken feathers may be donated.
They are to be 18 in. square and of
any suitable material. We will
make the feathers into cushions
and send them to the hospials as
soon as possible. Roseburg hospi
tal is in dire need of much help of
this kind. It was only recently
built and not yet complete with all
the little comforts which we like to
have those unfortunate souls who
stopped the bullets In 1917 and ’18
Our next meeting will be Sep-j
tember 26 at 8 p. m.
joint
meeting with the American Legion.
The congregation of a little
church gave a free-will offering of
fifty dollars to their minister who
had just joined the grand and glori
ous order of parenthood. The, fol
lowing Sunday before the service
began, one deacon whispered to an
other: “I’ll bet he thanks God for
the money before he does the baby”
The minister arose to pray.
“Our Father.” he said, “we thank
Thee for this timely succor which
Thou hast sent us.”
The deacons couldn’t decide who
won the bet.
Review ' of National History
Shows Constitutional Changes
By Wayne L. ,Motse
adjudge them to be utterly void,
... ............
- jnp! :: ”
for
when an act of Parliament is
. In order to uncj^rst^iul attempts
to advance social ends through law against common right and reason
in the United States, attention is or repugnant, or impossible to be
directed to two of our basic legal performed. the common law will
controls in America—written con control it, and adjudge such act
stitutions and the dqcti ine of judi to be void.”
This was a bold stroke on the
cial review
part of Lord Coke, aimed to estab-
There is every indication that in lish a doctrine of judicial suprem-
the months to come a battle royal acy in England,
However, it so
will be waged over,« these legal incensed both the crown and Par-
strongholds and as in all wars, we liament that Coke was subsequent-
can be sure that moat of the com ly removed from office, and the
batants will not know what it is doctrine repudiated.
all about.
Lord Chief Justice Hobart and
Although some oHHei countries several English judges thereafter
have written constitutions and a ventured similar opinions but the
few subscribe to the doctrine of doctrine never gained a foothold in
judicial review, these two legal con English jurisprudence.
trols are developed most highly in
The modern English view con
America.
cerning the supremacy of Parlia-
We speak of our government as
one organized around a constitu- I
tional separation of powers among
the three departments; the exec
utive, legislative, and judicial. Un- '
doubtedly the average layman and
many lawyers think these de
partments as co-ordinate and equal.
However, in a very real sense our
government is one in which the
judiciary reigns suprikme. On the
other hand, the English govern-,
ment is one of parlimentary su
premacy.
The chief reasons for the vital
difference are two:
First: England has an unwritten 1
constitution and America a written
one.
Second: By long tradition and J
'historical precedent ftie courts of
England have been bound to ac
cept the acts of Parliment as the
supreme law of the land. In Amer
ica the doctrine of judicial review
has prevailed whereby the courts
have exercised the power of de
claring void acts of legislative
bodies which in their opinion con
flict with rights guaranteed in our
written constitutions.
Legal historians - seem to agree
that although the {doctrine of
judicial review does not prevail in
England, nevertheless its enuncia
tion in England probably gave rise
to its adoption in America.
> Most influential statements of
the dodtrine In England was made
by Lord Coke in 1610 in the now-
,famous Bonham’s case. Coke as
Lord Chief Justice of the court of
common pleas found himself in con
flict with the crown and with par
liament as to the power of the
courts to pass final judgment upon
the validity of laws
In the course of his decision in
that case, Coke stated, “And it ap
pears in, our books that in $nany
ca^s the gPBUpCMkJnir
control
acts of Parliament and sometimes
WE APOLGISE
without the bait. '
It is written: To err is human.
SEPTEMBER
Proof of the human quality of
17—First air flicht across U. S
members of this staff was given
-
84 hours, 1911.
last week by the committment of a
very grave erron It will now be
V txa ' 18—Start of the <reat Jay
Cooke Panic on Wall
admitted that we have at least one
Street, 1873.
human trait
The error about which we are
“Dixie" 1» fir»t sung in
concerned was one that occurred
public at New York, 1859.
in the “People’s Column’’ in a let
ter written by Marshal Williams
regarding the good sportsmanship
Right* Party, 1884.
of Sergeant Grimm of the state
police. When he was cautioned
21—New York's Trinity
Church is burned to th»
about parking Mr. Grimm made
ground, 1776.
the remark that he was a “scout”
whereas we made it to read “scrub.’
22 — Virgil, famed Latin poet,
To those who have been wonder
die». B C 19.
ing all week why Mr. Williams
23—E. L. Ovine ton becomes
should have saluted Mr Grimm for
first U S. sir mail pilot.
being a “scrub” let it stand cor
ewwv
1911.
SILVER ANNIVURSARY
rected. He was saluted for being
(25th Annual)
a “scout’*
Eureka Lodge No. 121 A-F & AM
Newspapers are given to error
Moro, Oregon
for they are slammed together in
Meets the 1st and 3rd
a feverish rush—even the little
Thursday evenings of
ones
There are from 12,000 to
each month. Visiting
15.000 words in an average issue
members cordially in
EXPOSITO
of this sheet and while grevious
vited to meet with us.
mistakes sometime« creep in the C. Sparling, W. M.
percentage is not so large and when
c. V. Belknap. Secy.
it is considered that there is an
Mor®
Lodge
No-
113, I. O. O. F.
average of five letters in each word
Moro,
Oregon
it is surprising that we don’t make
Meets
1st
and 3rd
more mistake».
Tuesdays in the
But that is a reason, not an ex
Doris: “How did you learn to
IO.O.F. ball Tran
cuse. We hereby apologize to Mr.
kiss
so well?**
•lent and nb»itir<
Grimih, and to Mr. Williams. We
Ted:
“Oh. I used to blow a
brothers
are
cordi
haven’t the temerity to talk to po
ally invited to meet bugle.**
lice officers that way.
PORTLAND, OREGON
with us.
io
A judge has recently said that
Trait, Secretary.
ha will let wives sentence their
roof. ExMbits of poro-brod Livestock«
own husbands who are convicted of
Do««, Poultry, Pot Stock,Wild Lifo, Land
wife beating and has allowed one
Products, Manufacturad Products, 4-H
woman to name the penalty She
Meet« 2d and 4th Tu-
decided that she could and would
Education Work; Combination Horw
Phone 345 The Dall«. 01 e
wday« of each month
Show and Indoor Rodoo.
her pugnacious husband for a per-
Visiting members wel
LARDI PRIMIUM LISTS
coma.
^EDUCED FARES-ALL LINES
Florence Martin. N. G.
easy on the judge who so calmly
GRASS VALLEY PHARMACY
Phona 222
PACIFIC M
INTERNATIONAL IlW
- ■
ment is well illustrated by the de- sat up by several states in this
cisión in Lee v. Bude and Torring- country.
ton Junction Railway Co., decided
In the second pUce, Parliament.
in 1871. In that case, Justice Wil- by general enactments, has 4»le-
lis states:
‘ gated large powers of a legislative
“I would observe as to those Acts nature to ministers and commis
of Parliament, that they are the sions of the government. These
law of this land; and we do not English ministers and conjmission-
sit here as a court of appeal from ers for a long time have'sarved as
Parliament... If an act of Parlia the “brain trust” of Parliament
ment has been obtained improperly and around them has grown up a
it is for the legislature to correct large body of regulation and or
it by repealing it; but so long as ders, or administrative law com
it exists as law, the Courts are prising their rules, regulations qnd
bound to obey it- The proceedings orders.
here are judicial, not autocratic,
The great growth o/ administra
which they would be if we could tive law in the United stiltes "dur
make laws instead of administering ing the last ten years has a long-
them.”
^accepted counterpart in England
experience
does
To the same effect, Blackstone i and
—— English —
------- .w
— .not
-----
wrote. “If the Parliament will posi- justify many of the fears of those
tively enact a thing to be done who protest the growth of adminis-
which is unreasonable, I know of trative law in this country
no power that can control it; and
7In the third place, the fact of
the examples usually alleged in parliamentary supremacy J^as help
support of this sense of the rule ed to make politics a learped pro-
do none of them prove that where fession in England with the result
the main object of a statute is un- that many young Englishmen open
reasonable the judges are at lib- | ly select politics as a career and
erty to reject It, for that were to train themselves for parliamentary
set the judicial power above that service.
of a legislature which would be
When we contrast that attitude
subservient to all government.
, with the typical American view of
However, Parliamentary supre- political life, we can understand
macy in England does not mean better the reasons for placing final
that the acts of Parliament are not reliance upon our courts when it
subject to judicial interpretation, comes to protecting our constitu-
but it does mean that the English tional rights.
Parliament is supreme in that it
has final authority to determine
U. S. LAND OFFICE . at The
the validity of laws.
Dalles, Oregon. August 23. 1935,.
It remains for the courts to in
NOTICE is (hereby . given that
terpret and administer the laws. John Q McKinnon, of Kent, Ore
When legislative acts are not clear gon, who on June 7. 1927, made
on their face as to the meaning in. Homestead Entry under Act Dec.
tended by Parliament, the courts 29, 1916, No. 025402, for NiNWi.
so far as possible interpret the acts Sec. 27, NEiNEL Sec. 28, T. 4 8..
in terms of common law principles. R. 18 E., SiNWL SWi, SiSEL Sec.
The English doctrine of parlia 4, SiSWi. NEiSWi, Sec. 3. and
mentary supremacy has led to three NINWi, Section 10, Township 5
noticable trends in England, as I South, 'Range 18 East Willamette
view the situation.
Meridian, has filed notice of inten-
In the first place, English stat tion to make final Proof, to estab
utes are very carefully drawn and lish claim to the land above de
considered before enactment. As scribed, before Register.,, United
early as 1869 the department of States Land Office, at The Dalles,
Parliamentary council was created, Oregon, on the 3rd day of October.
. - * ~
S ’
/ r
charged with the responsibility of 1935.
preparing government bills for all
Claimant names as witnesses)
the government departments of
J. E. Norton, of Kent, Oregon.
England This department serve«
Benjamin Boswell, of Kent, Ore.
as a legislative drafting bureau
Roy L. Robinson, of Portland.
for Parliament and was the fore Oregon.
k
runner and model for legislative
John N. Maclnness, of Kent, Ore.
drafting bureaus which have been
W. F. Jackson. Register.
the ^orcls
I Tiey’re a cheerful little earful
$
1
,
You’ll hear where’er you go
For smokers say’’They Satisfy”
A nd smokers ought to know
SHOW
RODEO
ZELL’S
October 5 12
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