Image provided by: Morrow County Museum; Heppner, OR
About Heppner gazette-times. (Heppner, Or.) 1925-current | View Entire Issue (Aug. 1, 1935)
PAGE TWO HEPPNER GAZETTE TIMES, HEPPNER, OREGON, THURSDAY, AUGUST 1, 1935. i! STATE kirYC CAPITAL INCty J Capitol Site Library's Birthday Agricultural Codes By A. L LLXDEECK Salem. Although members of the state board of control have practic ally abandoned any idea of chang ing the location of the capito! build ing negotiations still continue be tween the committee recently ap pointed by Governor Martin and trustees of Willamette university for purchase of the H-acre univer sity campus for capitol purposes. Architects continue to press their arguments for a larger capitol site than that offered by the old loca tion. Recommendations prepared by the Oregon chapter of the Amer ican Institute of Architects call for a site of at least 20 acres for the new building. At the same time other plans have been prepared for the possible relocation of Willam ette university on 40 acres of land on the east side of the "Bush" pas ture in south Salem in the event the present campus is sold to the state. Governor Martin conferred with his planning board in Portland Fri day relative to plans for the new capitol and it is expected that the formal application for a federal grant for 45 percent of the $3,500, 000 estimated as needed for the new building will be ready to forward to Washington, D. C, within a few days. As soon as the federal grant is approved, the grant money ear marked and the terms of the grant made known the governor has said that he would issue the call for the special session of the legislature to authorize construction of the new building and make provision for the state's share of the cost First of the federal grant money for the Coast highway bridges was received by the highway commission this week in the amount of ?350, 000. The federal government hag agreed to contribute 30 percent of the total cost of the five bridges as an outright gift to the state. The loan of $4,200,000 made by the PWA to finance the state's share of the bridge cost is being refinanced through sale of general obligation bonds at a much lower interest rate than that carried by the fed era! loan. A decided improvement In busi ness conditions throughout Oregon is indicated by collections of the World War Veterans State Aid commission 'which, have averaged $158,000 a month since January 1, last, compared to a monthly aver age of $111,000 in 1933 and $123, 000 in 1934. The state insurance department turned $673,417 into the general fund during the first six months of 1935. This represents an increase of $43,000 over the turn-over for the same period last year. Oregon's state library is thirty years old today (Thursday). Cre ated by an act of the legislature of 1905 the institution opened its doors on August 1 of that year. From its first biennial report it is learned that the library in the first year of its existence boasted the possession of fewer than 2000 vol umes, served 6700 patrons and sup plied 45 rural communities through its travelling library system. Last year the library, now boast ing 350,000 well selected volumes, served 856 communities through its travelling libraries and supplied In dividual borrowers with 145,000 books. Attorney Generel Van Winkle has advised the state boxing and wrest ling advisory commission that an act of the 1935 legislature makes it mandatory upon cities and towns to establish wrestling and boxing commissions upon petition of 50 or more taxpayers. The Rogue River fish fight prom ises to be with the voters again at the next election. Preliminary In itiative petitions covering the sub ject were filed with the state de partment Saturday. Sponsors of the petition include the Rogue Riv er Fishermen's Union and Ophir grange of Curry county. The meas ure would legalize commercial fish lng with drift nets from March 15 to June 30 of each year. The stream was closed to commercial fishing by an act of the last legislature. Thirty-five thousand persons are taking advantage of the recreation program under the general direc tion of the state department of education reports received by C. A. Howard, state superintendent of public instruction indicate. The pro gram conducted in 25 cities of the state, is giving part-time employ ment to 280 persons. The program is financed through a special alio cation of federal relief funds. Appointment of Giles French of Moro to succeed Representative Paul Lynch gives the fourth estate three representatives in the state legislature. French, publisher of the Sherman County Journal, is -a republican. The other newspaper men in the House are Moore Ham llton, youthful publisher of the Medford News, and Clint "Want-to- go-home" Haight of the Blue Moun tain Eagle at Canyon City. If the supreme court holds the ag ricultural agreement act to be un constitutional, as is expected, the legislature, when it meets in special session will probably be asked to validate existing codes by enacting them into law as Congress Is doing with the national codes. Judge Winters of the Multnomah county circuit court in holding the ice cream code to be invalid de clared that the act represented an attempt to delegate legislative au thority to an administrative body. While there has been much oppo sition to some of the codes, partlcu , larly the restaurant code and the Ice cream code, agricultural inter ests are known to strongly favor the codes as a protection of their interests and are said to be prepar ing to carry their fight for valida tion of the marketing agreement to the lawmakers themselves. A postal card mailed at Astoria on August 20, 1929, reached the state department this week, after being nearly six years in transit. The card mailed by J. D. Hallberg was addressed to Hal E. Hoss, sec retary of state. Since that time Hoss has died, P. J. Stadelman of The Dalles has served out the un expired portion of Hoss' term and Earl Snell of Arlington has suc ceeded to the office. Salem restaurant owners are "agin" any provision for a restau rant or cafeteria in the new cap itol building. In a protest signed by all of the operators of eating places in the capital city, filed with the board of control this week, it is pointed out that there are now adequate facilities for feeding state employees in privately operated res taurants conveniently located. An eating place in the state building, it is argued, would present unfair competition. Truck operators over the state are pretty generally satisfied with the new regulations and their ad ministration in the opinion of E. A. Lands, superintendent of the motor traffic division of the utilities de partment Landis has just com pleted a tour of central and south ern Oregon contacting truck own ers, shippers and others interested in transportation problems. Kirby post of the American Le gion has just contributed a check for $25 toward the new capitol building fund which now totals $284.85. State-Owned Property Placed on the Market A booklet of 54 pages in "which is listed the more than 410 farm prop erties held by the World War Vet erans State Aid commission in Ore gon outside of Multnomah county, is off the press and is available to all interested parties, according to Jerrold Owen, secretary to the com mission. Detailed information is given about the individual state-owned farms and no doubt there are a number of readers of the Gazette Times who are interested in the purchase of farms and homes. The brochures are free for the asking and can be obtained by contacting P. W. Mahoney of Heppner who is the Morrow county representative of the commission, or by writing di rect to the Salem office. Compilers of the pamphlet have endeavored to condense the data as much as possible. Sale prices range from $125 for a Baker coun ty holding to $10,000 for a farm in Harney county, but the average, according to Sergeant Earl R. Goodwin, assistant secretary of the commission, is approximately $2515. The commission also has listings of city located holdings which are available to the public and every effort is being made to return the state-owned property to the tax rolls by placing it in the hands of responsible parties. In making in quiry please designate the county or city desired and also please men tion the Gazette Times. Attractive terms can be arranged. BACKGROUND OF NEW DEAL DECISIONS (Editor's Note: The Gazette Times is pleased to have the priv ilege of presenting to its readers a series of articles written by Dr. James H. Gilbert professor of ec onomics, and by Dean Wayne L. Morse, professor of law, at Uni versity of Oregon, which are in tended to give the general public an understandable background for basing opinions on present governmental trends. The first of the articles appear herewith.) Faculty Shifts to Bring New Talent to OSC Staff Corvallis A new head of the de partment of physical education for women and several other new staff members will be at Oregon State college for the opening of the fall term September 23, as the result of appointments approved by the State Board of Higher education. Appointments are all for replace ments or to serve while regular staff members are on leave. Miss Eva M. Seen of the University of Wis consin will be the new head of wo men's physical education. Dr. Ly man C. White of the Universities of Iowa and Columbia will teach political science during the leave of Dr. F. A. Magruder. Dr. Daniel B. DeLeach of the University of Cal ifornia succeeds the late Professor E. E. Bosworth in business admin istration and Miss Edith Rhyne of Montana State college will fill the home economics position left vacant by Miss Margaret Brew. Delbert Moore of Eugene will be professor of music and conductor of the college orchestra. No successors have been selected for Miss Claribel Nye, state leader of home economics extension, and W. R. Jones, aironautical engineer. Both resigned to accept much high er paying positions, Miss Nye going to the University of California and Professor Jones to a private air plane factory. Two changes in the military staff will bring Joseph A. Cella, first lieu tenant of field artillery from Fort Sill, Okla., to replace Capt. H. A. Cooney, and Capt Aubrey H. Bond, assistant to the district engineer of San Francisco, replacing Capt. Lewis T. Ross. FEATURES AT THEATER. There will be an added attraction at the Star theater, commencing August 11, in the form of Better Housing news flashes released by the Federal Housing administra tion. This entertaining little fea ture is scheduled for August 11 and 12 only. Reports from other Ore gon cities where the flashes have been shown are very favorable. CALL FOR BIDS. School District No. 17, Morrow County, Oregon, will receive bids for school bus driver, driver to fur nish bus, about nine children, route 14 miles one way, for coming school year; bids to be opened August 17, 1935. Board reserves right to re ject any or all bids. M. E. DURAN, Clerk, 18-22 Lexington, Oregon. Shelvador Refrigerators. More space for your money. Case Fur niture Co. Btf. The Coinage Clause. Banking and the Gold Clause Decision, i. The Coinage Clause and the Cen tral Bank Issue. By JAMES H. GILBERT. In Article I, Section 8 of the Fed eral Constitution, the powers of Congress are listed and defined. Among these is an innocent looking clause, "to coin money, regulate the value thereof and of foreign coins and fix the standard of weights and measures." Our dictionary tells us that the verb "to coin" means simply "to stamp and certify weight and pur ity," or "to manufacture metallic disks to serve as money." Consider, then, that under this lean clause of the Constitution our government has: 1. Chartered and controlled cen tral banks; 2. Set up and supervised a na tional banking system and a federal reserve system; 3. Issued paper money based on coin and unsupported by any monetary reserve; 4. Given legal tender to depre ciated notes; 5. Taxed state bank notes out of use; 6. Devalued the gold dollar and abrogated contracts running to a hundred billion, calling for payment in gold coin. We begin to see-how for we have moved from the literal meaning of the organic law of the nation and how impossible it would be to "re turn to the Constitution of our fathers." Even before the mint was in op eration far-sighted Alexander Ham ilton recommended the establish ment of the First United States Bank with a capital of ten millions, partly owned by the Federal Gov ernment which had representation on its board of directors. The treasury had the right to inspect ,and to call for statements from time to time. This proposed partnership be tween the treasury and private fi nance was bound to raise funda mental questions of constitution ality. Banking was of course no where mentioned in the Constitu tion. There were six corporations in the whole country when the con stitutional convention met and the proposal to give Congress power to cnarter corporations was specifical ly rejected by the constitution makers. The constitutionality of a central bank had President Washington puzzled and the matter was re ferred to Edmund Randolph, his attorney general and legal adviser. Randolph, inclined to strict con struction of the Constitution, found no warrant for a bank deriving its powers from the. national govern ment. Jefferson agreed with the attorney general. Then came Hamilton's term and, with the amazing ingenuity in mat ters of law, business and finance, he hit on the doctrine of "implied powers" to justify his cherished scheme for a national bank. In his rebuttal opinion supporting the central .bank, the eminent federal ist laid very broadly the foundation for a liberal, if not a loose construc tion of the Constitution. Admitting freely that neither bank nor corporation is mentioned in the organic law, he fell back on that "omnibus" clause of the docu ment which concludes the enumer ation of powers to be exercised by Congress "to make all laws which shall be necessary and proper for carrying into execution the forego ing powers vested by this Consti tution in the Govenment of the United States." The words "necessary and prop er" mean "fit, suitable, convenient and appropriate to a given end." Now Congress had been given the power to "lay and collect taxes," "to borrow money on the credit of the United States," "to declare war and to raise and support armies," and "to coin money and regulate the value thereof." A central bank would be a convenient, fit and suitable agency for carrying into effect these very necessary func tions and was therefore within the scope of the Constitution, he argued. Washington was convinced by Hamilton's argument and the bill creating and chartering the First United States Bank for a period of twenty years was signed by the President The central bank proved to be '(necessary and proper" and ren dered invaluable service in fortlfy fying the credit of the United States, In supplying a currency of uniform value throughout the coun try, and in forcing state banks to a sounder basis of note issue. After the initial argument over the constitutionality of the bank the question was apparently re garded as a settled Issue. True, it was to arise again in the early years of the Second United States Bank and was to be the subject of one of the best known of John Marshall's decisions. The charter of the First United States Bank was to expire in 1811 and while It was strongly support ed, even by stalwart Jeffersonlana like Gallatin, it had aroused the jealousy and antagonism of the state banks then powerful In Amer ican politics. Proposal to recharter the bank was defeated In the Senate by a single vote. Constitutional ques tions played little or no part in the opposing aguments. It was alleged that seven-tenths of the stock of this American bank serving as fis cal agent for the treasury, was held by English stockholders who, in event of war, might control this 'engine of finance in the Interest of our enemy." Rejection of the charter, events proved, was most untimely. State banks were loosely regulated, if at all, and in no position to render financial aid to the United States engaged in a second war with Britain. The ensuing financial chaos supplied the best political support for the Idea that a central bank was "necessary and proper." The Doctrine of Judicial Review. Parliamentary Supremacy and the Doctrine of Judicial Re view In England. By Wayne l. morse. In order to understand attempts to advance social ends through law m the united States, attention is directed to two of our basic legal controls in Amerca written con stitutions and the doctrine of ju dicial review. There is every indication that In the months to come a battle royal will be waged over these legal strongholds and as in all wars, we can be sure that most of the com batants will not know what it is all about. Although some other countries have written constitutions and few subscribe to the doctrine of ju dicial review, these two legal con trols are developed most hiehlv in America. We speak of our government as one organized around a constitu tional separation of powers among tne tnree departments; the execu tive, legislative, and judicial. Un doubtedly the average layman and many lawyers think of these de partments as co-ordinate and equal. However, in a very real sense our government is one in which the ju diciary reigns supreme. On the other hand, the English government is one of parliamentary supremacy. The chief reasons for the vital difference are two: First: England ha3 an unwrit ten constitution and America a written one. Second: By long tradition and historical precedent the courts of England have been bound to accept the acts of Parliamennt as the su preme law of the land. In America the doctrine of judicial review has prevailed whereby the courts have exercised the power of declaring void acts of legislative bodies which in their opinion conflict with right3 guaranteed in our written constitu tions. Legal historians seem to agree that although the doctrine of judi cial review does not prevail in Eng land, nevertheless its enunciation in England probably gave rise to its adoption in America. Most influential statement of the doctrine 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 com mon pleas found himself in conflict with the crown and with parliament as to the power of the courts to pass final judgment upon the valid ity of laws. In the course of his decision In that case, Coke stated, "And it ap pears in our books that In many cases the common law will control acts of Parliament and sometimes cause them to be utterly void, for when an act of Parliament is against common right and reason or repugnant, or impoosible to be performed, the common law will control it, and adjudge such act to De void. This was a bold stroke on the part of Lord Coke, aimed to establish a doctrine of judicial supremacy in England. However, it so incensed both the crown and Parliament that Coke was subsequently removed from office, and the doctrine repudiated. Lord Chief Justice Hobart and several English judges thereafter ventured similar opinions but the doctrine never gained a foothold in English jurisprudence. The modern English view con cerning the supremacy of Parlia ment is well illustrated by the de cision in the Lee v. Bude and Tor rington Junction Railway Co., de cided In 1871. In that case, Justice Willis states: "I would observe as to these acts of Parliament, that they are the law of this land: and we do not sit here as a court of appeal from Par liament ... If an act of Par anient has been obtained Improperly, It is ror the legislature to correct it by repealing it; but so long as it ex ists as law, the Courts are bound to obey It. The proceedings here are judicial, not autocratic, which they would be if we could make laws Instead of administering mem. To the same effect, Blackstone wrote, "If the Parliament will pos Itively enact a thing to be done which Is reasonable, I know of no power that can control it; and the examples usually alleged in support of this sense of the rule do none of them prove that where the main object of a statute is unreasonable the judges are at liberty to reject It, for that were to set the judicial power above that of a legislature which would be subversive to all government." However, Parliamentary suprem acy in England does not mean that the acts of Parliament are not sub Ject to judicial interpretation, but it ooes mean that the Enirlish Par liament Is supreme in that it has nnai authority to determine the val idity of laws. It remains for the courts to Inter pret and administer the laws. When legislative acts are not clear on their face as to the meaning intended by Parliament the courts so far as possible interpret the acts in terms of common law principles. The English doctrine of parlia mentary supremacy has led to three noticeable trends in England, as I view the situation. In the first place, English stat utes are very carefully drawn and considered before enactment. As early as 1869 the department of Parliamentary counsel was created, charged with the responsibility of preparing government bills for all the government departments of England. This department serves as a legislative drafting bureau for Parliament and was the forerunner and model for legislative drafting bureaus which have been set up by several states In this country. In the second place, Parliament, by general enactments, has dele gated large powers of a legislative nature to ministers and commis sions of the government These English ministers and commission ers for a long time have served as the "brain trust" of Parliament and around them has grown up a large body of regulations and orders, or administrative law comprising their rules, regulations and orders. The great growth of administra tive law in the United States dur ing the last ten years has a long accepted counterpart in England and English experience does not justify many of the fears of those who protest the growth of admin istrative law in this country. In the third place, the fact of parliamentary supremacy has Helped to make politics a learned profession in England with the re sult that many young Englishmen openly select politics as a career and train themselves for parliamen tary service. When we contrast that attitude with the typical American view of political life, we can understand better the reasons for placing final reliance upon our courts when it comes to protecting our constitu tional right3. council shall affiliate with the As sociated Country Women of the World. That organization will hold its annual meeting in the United States this year for the first time probably somewhere in the east Other business will include con sideration of further expansion of the council to include direct repre sentation from each local home ec onomics extension unit in the state, and of whether the Oregon organ ization shall adopt the official na tional pin of the home extension service. The state council is made up of present and past members of the county home economics extension committees, which in turn repre sent the home economics extension units in the various communities of the counties. The home extension units are composed of women car rying on an organized program for better homes and better family life under the direction of the home economics extension service of the state college. In those counties which have no home demonstration agents and de pend for guidance in their home economics programs directly upon the state specialists of the extension service, members of the county ex tension committees are appointed by the county agricultural agents and are associate members of the state council. Mrs. Effle Birdseye of Rogue Riv er, Jackson county, is president of the state council. Other officers are Mrs. A. L. Heacock, Boring, first vice-president; Mrs. Mabel Hughes, Grants Pass, second vice-president; Mrs. Rose Valpiani, Clatskanle, sec retary; Mrs. Truman Chase, Eu gene, treasurer, and Mrs. E. P. Townsend, Troutdale, recorder. Local Homemakers Going To OSC Summer Meeting Members of the State Home Ec onomics Extension council, repre senting homemakers in almost ev ery county in Oregon, will gather on the Oregon State college cam pus at Corvallis Monday and Tues day, August 5 and 6, for their an nual mid-summer meeting. Delegates to the meeting from Morrow county are: Vida Heliker, lone; Mrs. A. D. McDonald, Mrs. Ralph Thompson, Mrs. Walter Beckett and Mrs. Marvin Wight man, Heppner; Mrs. Harry Schrie ver, Lexington. The establishment of a scholar ship to be awarded annually to a student or graduate of the school of home economics at Oregon State college who is interested in home economics extension work and shows unusual promise of success in that field is one of the projects to be acted upon at the state meet ing. Also listed for consideration is the question of whether the Oregon using industries or for private ven tures in fur or game farming. In no other state are conditions so ideal for research with such a wide range of wild life on such a large scale, it is pointed out. The largest herd of wild antelope and the second largest herds of elk are in this state, and now the largest wild bird refuge in the United States is established at Malheur lake. At the same time, it is shown, training facilities are broader at Oregon State college than elsewhere for this purpose because of avail ability of existing work in the school of science and in the veter inary medicine and other depart ments in the school of agriculture. Those acquainted with possibil ities in this field look forward to the time when wild life will not only be a state and national asset on public lands, but will also afford a profitable side enterprise for farm ers. The whole program is to be developed with due regard to the present livestock and general agri cultural industries. Oregon to be One of U. S. Wild Life Study Centers Conservation of what Is said to be Oregon's third greatest resource wild life is to be furthered through establishment at Oregon State college of one of eight re gional wild life research and educa tional centers through a cooperative arrangement between the U. S. bio logical survey, the state game com mission and the college. This is to be much more than I state project, it is pointed out, but Oregon was selected as the only federal-state center of this kind on the Pacific coast because of the unusual abundance and diversity of wild life resources in this state and because of the educational op portunities available at OSC. In connection with the research work, which will be supported largely by the cooperating federal and state agencies in headquarters and with facilities supplied by the college, the state board of higher education has just approved a de gree curricula in fish, game and fur animal management under the school of agriculture. Such educational arrangements were desired by the federal govern ment as a necessary part of the conservation center, where students can be trained for state and federal service, or for positions as game managers of estates or clubs, land FARLEY-MADDEN. The marriage of Miss Bessie Mad den to Johnnie Farley recently was of much interest to their many Mor row county friends, and the Gazette Times takes pleasure in reprinting the following detailed account as taken from the John Day Valley Ranger: Two of John Day's most popular young people, Johnnie Farley and Miss Bessie Madden were united in marriage last Thursday, July 11, at the rectory In Baker, by Rev. Fath er Vincent E. Egan. Mr. and Mrs. James Maple of John Day acted as attendants. Father Egan read the ring ceremony. The bride wore a light blue suit and carried a bouquet of rosebuds. Mr. and Mrs. Farley left 'at once for Walla Walla for a short honey moon, and then spent Saturday and Sunday at Heppner before return ing to John Day where they took up their residence in the Ray Mor gan house on West Main street. The bride who was a member of this year's graduating class from the John Day high school and who has since been employed at the Malheur Forest office, was elected queen of the Grant County Fair last year from the whole county, and is one of the most popular young ladies of this section. The groom who graduated from the Heppner high school in 1930, came to John Day in 1931 and has since been in charge of the Wilson Men's store here. He served as president of the local Lions club during the past year and has been active dur ing his residence here in civic and social affairs On Tuesday evening 100 or more friends of the young couple gather ed at the .Joaquin Miller resort, taking the newly-weds with them and the evening was spent in dan cing. Mr. and Mrs. Farley lead the grand march as the party entered the dance hall and then all united in a toast to them. The Ranger unites with all the other friends in extending congratulations. 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