ULE SHERMAN COUNTY JQJURNAL. MUKOl OREGON FRIDAY, DECEMBER 0. 1036 ’
Moro on the 1st pf the month un- total number of constitutional law trine of judicial review would seem maximum degree compatible with
to be essential, if we are to pre- the interest« and welfare of all
cases.
having enlisted all ^ie business in
It is true that many of the flve serve and protect the contributions groups within the country.
tion clerk in the state department *teres1
terests of the city? in his behalf. ” to-four decisions were rendered in to our social interests and nation-I jn accomplishing such an end,
points out that the special elec-
Lineman who were' dismayed cases involving vital social and eco •1 life which the institution of pri- ft ¡8 essential that necessary social
tion act itself provides that “there at the appearance of the wires of nomic problems, such as the in vate property can make.
v i legislation designed to protect and
shall be submitted to the people the phone and electro pl^nt which come tax, child labor, and inter
At the same time, we must not advance human rights be adjusted
for their approval or rejection at resembled cables, for four days, state commerce decisions, but in permit politicly dogma to blind us quickly to constitutional demands,
the said special election • ♦ • all up tin 11 a. m. Tuesday, became many more instances the court has to the fact that millions of Amer and incidentally, it is paramount
measures enacted at said regular beaming with- broad smiles when not been divided even though the icana are economically destitute, that the constitution be adjusted to
and special sessions and referred old Sol smiled.
issues involved have been just as made so, for the most., part. by changed and changing social real
to the voters either directly by From the Observer Dec. 8. 1916.
r '
significant.
economic and social forces over ities.
the legislature or by referendum
A. H. Barnum is an exhibitor
Thus, the vote ratio proposals which
----- they
. have
— _ had no control.
I In furtherance of such an ideal,
petitions completed and filed with this week at the. .Portland Inter would seem to exaggerate the im
The maintenance of national sta- the slogan might well be changed
the secretary of stated
national Livestock Show,, leaving portance of split
decisions and ig- , bility depends in a targe measure from “Back to the Constitution”
-
Sunday with a car Toad Of famous nore the real problem of adjusting Upon a program of. social legisla- to “Forward into an eVer-changing
Appointment of Mrs. Helen Hereford cattle. “ '
legislative needs to constitutional ^on whjch
advance, protect, future with an expanding consti-
Durrell Voorhies of Medford as
About eight inches of snow fell »•fenai»».
...
and balancetheir interests to the tution.
a member of the state capitol re in this vicinity Mohdayjast, much
Another proposal is that con
construction
commission gives to the enjoyment of*the youngsters gress should be impowered to over
southern Oregon * representation and the discompurt of the elders. rule a decision of the United States .*
on thia board which will super The temperature still remains low supreme court on a constitution
vise construction of the new state and the indications are that the al question by a two-thirds vote of
house. ; Mrs. Voorhies who is a .white mantle will terry with’ us both houses of congress.
member of a pioneer Oregon for some time.
This plan strikes at the very
family takes the place of Mrs.
W. S. Powell. O. G. Sayrs, C. G. vitate of the doctrine of judicial
Edith Waldo
Johnson, ’ Port Silver and wife left Monday for review and would inaugurate a
to all pointa in the United States for
land who resigned from the board. Portland, driving io The Dalles by government of legislative suprem
Both were appointee« of Gover auto and then byfrain. They vis- acy rather than of judicial suprem
nor Martin.
J ited ’ the Portland International acy.
Livestock Show b^fo ire going on to
mente contend that the
Absence of Governor Martin
,g as Slegates
i reserves legislative
and President Corbett from the from Moro local, fhèy attended the powers to the legislative branch.of
and
state gave Howard - Lateurette, state convention ¡of the Fanners the government and that the court
speaker of the House, his big Educational and Cooperative Un often functions as a superlegisla-
chance of officiating, as governor ion. -
ture when by way of judicial leg
of Oregon
last week
and
the
ui
vicguri »ai,
wwk
*
uu
umv ।
me home
nome of
oi Mr. and Mrs. R.
K. x.
The
P< islation, it declares acts of con
In Coaches, Tourist and Standard Sleeping Cars.
Sfceaknr did not lose any tíme Hulse was gladdened December 4th gress unconstitutional.
Dec. 12,1935, to Jan. 1,1936, inclusive.
taking advantage of the oppor- by the birth of a. boy. Dr. Poley ■ Of course it Is. true that the
tunity.
Return limit Jan. 31,1936; Stopovers permitted.
attending. .
court also legislates when it sus
Miss Ida Hines was in Moro this tains acts of congress as consti
Thousands of dollars in inter week arranging far a mid-winter tutional by interpreting phrases of
LOW-PRICED MEALS in Air-conditioned Coaches and
est payments are being saved by indoor Chautauqua festival for flexible meaning in a light favor-
Tourist Sleeping Cars on the Portland Rose and Pacific
Oregon cities and school districts some time the last of January. It aft>le
the egMaticti Judicial,
Limited. Breakfast 25c, Luncheon 30c, Dinner 35c
under the provisions of “a bill win be presented here under super-. legislation in this sense is unavoid
passed by the regular session of visionoftheEHison-white Coi who able and under our present form
the legislature, according to State received a guaranteed from 22 local of government Can be checked by
Treasurer Holman. Under the people as to its Suri*«
the amending process.
terms of this act, sponsored' by
However, it is contended that
Holman, civil subdivisions of the
White—Why is it that you have the amending process is too slow
state may fix the interest rate on become so quiet since you got mar and cumbersome and the history of
their warrants At a figure lower ried?
the income tax and child labor
than the legal rate. "Many mu
Black—You see I have to be cases is cited in support of the
nicipalities are paying as low as careful what I say these days. My argument.
three cents on their outstanding wife thinks I’m the smartest man
Although it cannot be said that
warrants according to reports to in the country and I don’t want such a plan would destroy our
constitution, neither does it follow
the treasury department.
her to find out the truth
that such a plan would assure us
that the constitution would be
No 1936 automobile license
more readily adjusted to social
plates will be available for use
odds and ends, at least not until
on cars—new
or old—before
we have a better trained class ot
December 15, according to Secre
political servants.
tary of State SnelL . The new
After all, the doctrine of judicial
plates will present an aluminum
review has met with a great deal
background with black letters and
of favor in this country because
figures.
Although there is probably some we have come to distrust waves of
Possibilities that state activities truth in the comment, of critics of hysteria and populism which often
will be financed entirely from the United States supreme court control legislative power and pop
revenues through income taxes to the effect that the personal phil ular assembly.
We have learned also that mi
and miscellaneous sources by osophies of the members influence
1938 is seen by the state tax their decisions, still we should not nority rights are easily overridden
has by popular opinion and are best
commission. Only a few years over look the fact that there__
ago property owners were con been a marked consistancy in the protected by the judiciary. Fur
tributing as much as $5,500.000 constitutional decisions of the thermore we must recognize that
private property and the rights ot
a year toward the support of court.
True it is that the flexible slaus- the property class are likely to
state government.
es of the constitution have been be victimized by an unthinking
The city of Salem is preparing stretched so that they now cover public.
Undoubtedly the day of a con
to make good its offer of Willson many situations which were not
park for capital purposes. The contemplated when the court first stitutional interpretation which
city council is expected to pass an started to give meaning to them. placed a predominant emphasis up
ordinance covering the proposed But for the most part the consti on the rights of private property
transfer at an early session. So tutional law decisions, as pronounc often at the expense of human
far no objection has been heard ed by the court from time to- time, rights has passed. Nevertheless,
from any of the Willson heirs t> show a clear resemblance to parent we are a long way, let us hope,
the transfer and city officials du constitutional law precedent and from a repudiation of the rights of
not expect any protest. It is not also a sensitivity to new conditions private property.
The preservation of the doc-
expected that the park will be and changed social eeds.
and
changed
social
nqpttei
»
used for building purposes but
will be preserved intact as a part perience of the court, the powerful
tradition which swtoiAds it, have
of the capital grounds.
undoubtedly made it the greatest
stabilizer in our national life.
I believe that its power to exer
cise judicial review has exorted an
even greater influence on orderly
change than its exerepe of judicial
From the Observer Dec. 7,
review. The number lof unconsti
The first holiday party was giv tutional legislative proposals and
en at the home of City Recorder schemes which have not been .ap
Wm. Henrichs, the occasion being proved in legislative halls because
in honor of his cousin Everett of this known power df judicial re
Henrichs. formerly of Sherman view must be
Nevertheless, ?i| ta sometimes
county, but now a resident of Net
Perce, Idaho. Mrs/ Henrichs. as proposed that no act' of congress
sisted by Misses Gertrude and should be declared ufi&yfiktitutional
Hazel, introduced new and novel by the court except by a unani
games, affording much merriment, mous vote, or by soma ratio other
26 lads and lassies participating. that the majority vote rule.
Critics Of the majority vote
Prize winners were Miss Lillian
Stanley and Claire Axtell. Misses rule contend that an issue so im
Myrtle Messinger and Lorraine portant as the constitutionality Of
Johnson played several pretty in- an act should not bq determined
tmimental pieces upon the piano. by a bare majority vote because
Collis, the little son of E. H. this practice places too much pow
Moore was bitten by a spotted pup, er in the hands of one man. The
while at play Sunday, lacerating vote of one man may, and often
his legs as he rode down hill on does, decide the fate of important
hit sled. Sentence of death has legislation in other branches of the
government.
♦ ..
y/
been passed upon the pup.
The proposal to requhwua six-to-
Mr. Buxton started his dray in three or seven-to-two vote, or a
.unanimous vote, likewise places a
great emphasis upon the vote of
one man because under such a plan
a Very «mail minority of the court,
I 'm not
by holding out, can prevent a two-
thirds vote, or a unanimous vote,
and thus succeed in having de
clared constitutional an act which
M ” T l_W I T
a clear majority of the court be
lieve to be unconstitutional. Thus
'Have more than thou
4*^
it
seems that such proposals place
leu than thou
a false emphasis on the mechan
DECEMBER
isms of judicial review.
¿ i A ev i « - , I ■ .
j '
It should be remembered that
proposals to change the votes
necessary to declare an act uncon
stitutional would affect only a'
small part of the problem. After j
all, the five-to-four decisions on
constitutional questions are few in •
number when compared with the
STATEHOUSE GOSSIP •
Continued from page one.
8HEHMAN COUNTY OBSERVER. Established Nov. 2, >888
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
: GILES L. FRENCH
Managing Edi
M 1 M M *
Entered as second-class matter at the Posiotfice, at Moro, Oregon,
under Act of Congress of March 3, 1879-
. _
SUBSCRIPTION RATES—PAYABLE IN ADVANCE. :
One Year ........... ,.................
DECEMBER 6, 19*5
SEPTEMBER VOTING
Voters of Oregon will decide in January on the future
date of primary elections. One of the measures to be voted
on wjuld change the nominating election from the third
Friday in May to early in September.
Arguments for this proposal is that it shortens the
period of political worry for the voter and the candidate
alike and yet gives the voter sufficient time to decide which
of the candidates he prefers. Those opposed to the amend
ment argue that the shorter time handicaps a candidate
who has little money with which to make a campaign
The voters will be guided by their judgment between these
two contentions.
If people are fond enough of political arguments to
wish to have them on the radio, in the papers and on the
platforms from April to November they will, of course, vote
to retain the present law. If, however, they would like to
shorten the period of stump speeches, personal and politi
cal charges, and the other things that go to make up a
modern campaign they will vote to make September the
primary date instead of May.
From the standpoint of efficiency in government there
does not appear to be any serious difference between the
two dates. At best it is a minor change which will aid
the candidates by cutting the time for them to blink in the
spotlight.
TUT, TUT, TUT
Another one of the scientists who were present at the
opening of the tomb of Tutankhamen has died and again
the story is revived about some fatal curse attached to the
tomb of that departed monarch.
-
The statement was that swift death should take those
who touched the tomb. It has not been so for Mr. Breast
ed, who died but this week, has lived several years since
the day he, with others, found the burial place of Tutank
hamen.
Anyone will agree with the statement that all who enV
er King Tut’s, or any one elses’ tomb, will die. Such a fate
is the end of all of us whether we break into tombs or stay
religously or fearfully away from them. Many of the mem
bers of that party are still alive and as far as we hear are
as healthy as those of us who were never even interested
in Egyptian kings, dead or alive.
We like a bit of superstition in our daily diet of news
and it has been provided plen'ifully in this case. We like
to ponder over strange things that might have happened;
of strange ‘ifs’, of supernatural matters about which we
know nothing because, oftentimes, they are figments of
A lot of the complication of this would be removed if
it were possible to get something for nothing. This having
to pay, in one way or another, for what we get cramps the
style of public as well as our personal affairs. Maybe
some day it will be arranged so that everyone can have all
the good things of life without undergoing any of the hard
ships or paying any of the taxes. We may be able to
work without eating and eat without working for we can
already get tired without working and work without gett
ing tired.
A news item from LaGrande states that Union county
is the second wheat county in Oregon. We instantly rise
to object No doubt there is a smattering of wheat grown
in Union county; the federal census gives the total as 1,014,
614 bushels which is something of a wheat crop perhaps
and a matter of local pride and all that, But as a well
known national figure was fond of saying, “Let’s look at
the record”. From the same census we learn that Sherman
county produced the same year 1,517,884 bushels which,
any mathmetician will admit is larger than the Union
. county crop. Quite a bit larger. No, No we can’t have
our reputation filched by any and every boastful scribe
who takes his typewriter in hand to inform the public on
matters of record. No, indeed.
If the capitol building committee waits until it geta
complete information from the planning commiaairn we
will be without a capitol for a long time.
The Oregonian in announcing its 85th birthday states
that it is reaching for a piece of cake. Well that's better
than grabbing for a piece of pie.,
Now the next spectacle of the century will be the
cardinals trying to handle the mustangs in the Rose Bowl.
Jim Farley says Roosevelt will win the next election*
It is going to look bad when Jim says otherwise.
EXCURSION
Rii.’l Forss
CHRISTMAS
NEW YEARS
UNION PACIF
Supreme Court
Fairness Praised
By Dean Morse
An h Sanie Old Stand
Doing Business Every Day.
Highest Quality Merchandise : .
Famous IHC Brand
Tried and True. Well Spoken on Every Hand
Buy What Others Are Satisfied With. It Pays ’
We Have Your Wants In Stock
Call And Get Them
Roy J. Baker
Hardware Man ;
Grass Valley, Oregon
QUALITY
In Other Days
of printed forms
reflects upon the
OF FIRMS USING- THEM
DECEMBER
29|3O|31i
ZELL’S
FUNERAL H6ME
“
* b
Phone 345 The DalVm, Ore
Muaaolini is finding that making it hot for the blacks
GRASS VALLEY PHARMACY
Phone 222 1
j
I
Our Job Department is Ready
To Make Those New Forms