PAGE SIX
THE HEPPNER HERALD, HEPPNER, OREGON
TUESDAY, MAY 31, 1921.
-.-LOCAL NEWS ITEMS
DOl'HT KFOAHIHNfi OKKKON I .MV
( I.KAVA) ii Sll'KK.MK COIKT
in
j" 1 'j ii J; h a.
; ;in ar
veiiing. sheep-
w days
.t.
Anson Wright
r-rctk Saturday.
K. Swanson. of .Spray, v.-.v
rival at the I'atrirk Friday i
Mfke Marshall, lioaidman
man. was a visitor litre a !
during I lin week.
Noil Doherty was in town
ilav from his ranch in the
springs neighborhood.
Sain E. Van Vaclor left last Tues
day lor Chicago on a business trii
xpt-cl illfj to lie gone about two
weeks.
A line son weighing seven pound
arrived at the homo of
K. N. Gouty ill this city
Hatnr-Welis
and Mrs.
U'od nes-
Mr
last
day.
Elwood Orr, well known lleppner
boy, who has been ill Washington for
several nionths returned to Hcppner
Friday evening.
"Doc" Jirown, well known old
scout of Condon, was a visitor here
.Sunday and Monday rooting some for
liia homo, town team.
tj. Melville an. extenshe farmer in
the Alpine country, was in town Sat
urday buying supplies. Mr. Melville
says prospects in his section for a
fine crop were never better,
J. B. Sparks and wife were here
from Condon Sunday taking in the
hull game. Mr. Sparks has sold his
theatre in Condon and will go to
I'rineville to reside where he also
lias a picture house.
John McKntire was in town Satur
day getting ready for shearing and
incidentally refused an offer of 18
cents for his wool. They will have
to talk 20 cents or better to get. the
boys here to jar loose," says Mr. Mc
Fuire. J. V. Stevens, of near llardnian,
wan fn town Saturday. "Pretty U
frosty out my way," quoth J. W.,
but it didn't nip my potatoes yet.
I fooled Jack Frost tills time by plan
ting late and the spuds are not up
yet."
Mr. and Mrs. Hen Patterson re
turned Sunday from an auto trip to
Cortland and Seattle, They had a
very enjoyable trip finding the roads
fairly good with the except ionof a
lew stretches on the Pacific highway
through Cowlitz and Lewis counties,
in Washington.
Jack Frost, paid lleppner a few
visits during the week and played
hob with some of the gardens and
potatoe patches on 1ho lower lands.
Jack is a bad boy when he hangs
around too lute in the sprin'; but
hard to hnnlsh from the northern
cliint
Tom O'llrlen, prominent citizen of
Hut t it creek, was- in town Saturday
lookin ginighty pleasant and with
good reason. Mrs. O'lliieu. presi
el Tom with a line son May lath and
who wouldn't be pleased. Tin
youngster weighed 1 1 pound sand
the proud dad.
V, I.at'ont, of Walla Walla. va
here Saturday looking over the Ore
gon Washington highway with a view
to taking a subcontract from Oxinan
& llaiington, who were the success
ful bidder of the Lexington llcpp
tier and Ili ppivr . Tunes Hill section
oT (hat work lit Portland last. Thurs
day. Pave Mc.Mee arrived from Tin
Juana, Mexico during the week and
,is
Telegram Salem Itureau
SALKM. Or. May 28, (Special.)
Any doubt that may have existed
about the power of the Oregon pri
mary and corrupt practices laws, or
tln-ir abilily to stand up in any court,
is btushed away by the decision of
Hie X nited States supreme court in
the Newberry case. Senator Truman
II. Newberry was prosecuted and
convicted under the federal corrupt
practices act. The United States sup
reme court set aside the convictions
and declared the federal corrupt
pract ices unconstii ut ional.
Relative to the Oregon corrupt
practices act t lie following reflec
tions, backed by the best lcgaluiinds
of the land, serve to establish its un
questioned potency:
The federal constitution is a grant,
of power. Congress may enact such
laws as the constitution says it may
enact, and no other. The federal
constitution does not say that cong
ress may enact a corrupt practices
law. Hence the law was declared
unconstitutional in (he Newberry
case.
The slate constitution, unlike the
federal constitution, is a limitation of
power. Tha is, the state legislature
may enact any law that is not ex
prebsly or by plain implication pro
hibited by Oregon for the United
States constitution. There is no pro
hibition in the constitution against
a state corrupt practices act. TtuB
alone would serve to give validity to
the Oregon law even if the state con
stitution did not go further. But it
does go further, and exprestsley di
rects the legislature to enact legis
lation to prevent corrupt practices
relative to elections. (Article 2
sections 7 and 8.)
The Oregon corrupt practices act
then has the plain sanction of the
state constitution and does not con-
lict with the federal constiuion.
In the decision of the United
Stales supreme court, however, there
was a division of opinion, with four
of the nine justices holding the fed
eral corrupt practices act constitu
tional. They were Chief Justice
White and Associate Justices Pitney,
Clark and Brandois.
They, apparently were reasoning
undi r article 1 section 4, of the fed
eral i.onstituions which provides that
"the (inii places and manner of
holding elect ions for senators and
representatives shall be prescribed in
each stale by the legislature thereof
but congress may at any lime by
law make or alter such regulation,
except as to the places of choosing
icnaiors."
Apparently the four justices held
Ih 'I ibis section would warrant con
Fuss in imposing a federal co'Ti'.pl
practices act. The othe five judges
apparently held thai such an inter
pretation would give congress a
power over primary elections, which
under the sin enteeiith amendment to
the federal constitution, the direct
elect inn amendment, it is not suppos
ed to have.
According to press dispatches, the
court's decision was that the direct
election amendment does not affect
articlel, of section 4, which, (ho ma
jority opinion A.id, wlille it Kivcc
congress the power to regulate the
mr.nr.er of holding elections, does
not confer on It authority to control
primaries or conventions.
One of several notable court opin
ions that distinguish between thhe
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Wednesday, Thursday,
June 1 and 2
HARRY MOREY in
"The Flaming Clue"
A feature with punch filled with love,,
suspense atnd thrills.
120 cents K :$0 cents
adventure,
Frdiday, June 3
DORIS KEANE in
"Romance"
A story of the love between u minister ami a fa
mouos Prima IKinna A love pure and true-, the
power of which inspires the heroine Into giving up
her life of pleasure and leading; one of purity, but
the eluding of the story is unusual.. A drama in
every sense of the word which has been acted with
such realism that one is made to feel as being a par
ticipant in a real life occurence. . , , ,
20 cents & 30 cents
Sunday, June 5
"Milestones"
That young people change their views when they
grow old is the (heme. Superb direction and
wonderful acting make this picture one that all will
view witli pleasure. . ,
20 cents & 30 cents
Monday, Tuesday, June 6-7
Roy Steward'and Josie Sedgewick in
A Lone Hand
A gripping drama of westenn life and l-omance.
action is fast and furious. .There is a suspense
from start to finish. More than an hour of solid
entertainment.
20 cents & 30 cents
Saturday, June 4
From the story "Alaraina" by I'.nlph Mock.
flsl2
EDITH f&'A f
ROBEPTS,J-ff
Also Comedy and News Weekly
20 cents & 30 cents
, Here are five programs for variety and high qual
ity are hard to beat You should see every one of
"" them--
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legislation. When
ress is asailed as
the national constitution to see
the grant of specified powers
broad enough to embrace it;
iidwfioorfn 0000 0000000000000000033
if
is
but
will spend a lew weeks visiting i
friends and looking after business
matters here before goinglo t'anada
where he will spend llu summer!
racing season, lie says Mr. and Mis.
K. A. ratterson. who have been at
Till Junlia all winter, expect to visit
lleppner after ttie race meet at lie- .
no, Nevada.
(1. W. liuran. K. I!. Oman and
his son Charlie Huran. were here
f i oiii Medical Lake, Washington,
last week Visiting the families ul Sj I I
v anus Wi ijht , Shelly Halduin and
Ld I u r.i 11 . their rctaliws. They
are former lesidetus of this county,'
tlie two hroiheis heim: sens of Will.'
1 nil an, a pioneer I armer of t lie
l!lai'klloi:e seelioll. (1. W . helped 1
build most of tin' Hist suhslant ial '
buildings in lleppner and is credited
Willi being the first man to sleep In
file old l'alace Hotel when it was'
completed some thirty years ago.
A. I.. Strait, of Juniper canyon,
was a iMiMiiesH isilor in lleppner
during the week and reports tilings
it bout nts usual in his section. Mr,
Strait has recently made proof on a
homestead a sltoit distance north
from lone and is now arranging to
take his additional allowance of
tiovernmcnt land In the Juniper can
yon district. Mr. strait expects to
iduce on exhibit lono at the coining
Morrow county fair a violin tic has
made during his spare moments
which he says compares more than
favorably with many of tthe high
priced Instrument made by exports
because of Its sweetness of lone. He
hua already refused an offer of $100
for th Insvumeut which Is made of
the finiKt quality of maple and
pruce lumber fashloucd from tb
"rough timber by his own handi.
when a state law is attacked on the
same ground, it is presumably valid
in any case, and this presumption is
a conclusive one, unless In the con
stitution of the United States or of
the state we are able o discover that
it (is prohibited. We look in the con
stitution of the United States for
grans of Jegislative power, but in
the constitution of the state o ascer
tain if any limitaions have been im
posed upon he complete power with
which the legislative department of
the stuto was vested In its creation.
Congress can pass no laws but such
as the constitution authorized either
while the slate legislature has jur
isdiction of all subjects on which its
legislation is not prohibited.' "
character of the federal constitution
and that of the Mate constitution,
and which has au applicaion in the
present situation is that of former
Justice Will It. King of the Oregon
supreme .court in the case of state vs.
x'ochrnn. written in lHUil. This opin
ion contains the following language:
"The constitution of a stale, un
like that of our national organic law,
is one of limitation and not a grant
of powers, and any act adopted by
the legislative department of the
stale, not prhihiled by ils funda
mental laws, imut be held valid; and
this inhibition niisi be expressly or
impliedly made to appear beyond
a reasonable doubt.
"The foregoing principles appeal
so well settled by unanimity of de
cisions, not only In oilier Jurisdic
tions, but in the courts of this state
since is Inception, that they may be
deemed elemental y but since the
constiuction so earnestly relied upon
by the plaintiff would necessitate a
disregard of the foregoing prin
ciples, we deem it appropriate to call
r.tin.lon le a few ileclai ations of
our courts liinn the subject.
"lb fore doing so however, we
iuotc from that eminent text writer
and jutist, !vid;'e t'ooley, who, as an
exponent of constitutional law, has
no supouor. In ins woik on 'Con
stitutional Limitations," he states
the rule as follows:
" 'It Is to be homo in mind, how
ever, that there is a broud difference
between the constitution of the Uni
ted States and the constitution of
the states as regards the powers
which may be exercised uuder them.
The goverumem of the United States
is one of enumerated powers; the
governments of the state are pos
sessed of all the general powers of
GOVERNOR NAMES COMMITTEE
Colli inued From Page One)
Suit for the recovery of C200
acres of swamp land in Klamath
county has been instituted by t lie
state land board against A. C. Mar
sters and others. Mr. Marstors lives
at Uoseburg, and formerly wa a mem
ber of the state fair board. It is al
leged that the land was fraudulently
obtined by the use of "dummies" in
l!u:i and l'JOt.
In response to a series of questions
asked by Governor Olcott, Attorney
('ciienil Van Winkle has written an
opinion interpreting the prohibition
law. The main features are that it
holds that county courts have legal
right to employ law enforcement
agents representing private or inde
pendent ageticis and to pay th. ni
from th county funds, also that after
a lawful arrest "has been made the
agents may search persons, vehicles
or premises without search warran 8.
During the month of April the
Standard Oil company, according to
it report to the secretary of state,
soin tn Oregon 2,419,331 gallons of
gasoline and 1933 gallons of distil
late. A tax of $24,2 1 2.64 under the
act of 1921. During the same time
the Shell compSny sold In the state
200,143 gallons of gasoline and 433
it
gallons ot aisititate, paying a tax of
S2.OO3.60 under the 1919 act and
$2005.76 under the 1921 net.
li.....,m.. i. .
""'"""i uwu mis sent out a
public warning against the cutting
uown or duagurln of trees and
shrubbery along the public highways
oi uregon. citing the state law which
becomes effective May 2S prohibiting
thla destruction ot scenery.
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O
a
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MINOR
CO.
Good Goods"
Buy these lines and be assured of true
values-quality throughout.
Beau Brummell Shirts
Napatan Shoes
Gordon Hats and Caps
Grinnell Gloves
Arrow Collars
Interwoven Socks
Ed. V. Price & Co. Tailoring
Hodkins Gloves
See the New
GORDONS
Minor &Co
Heppner Or.
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