Image provided by: Morrow County Museum; Heppner, OR
About Heppner gazette-times. (Heppner, Or.) 1925-current | View Entire Issue (Sept. 19, 1935)
PAGE TWO HEPPNER GAZETTE TIMES, HEPPNER, OREGON, THURSDAY, SEPT. 19, 1935. THE CONFLICT BETWEEN CONGRESS AND THE LEGISLATURE OVER THE CONTROL OF COMMERCE By CALVIN CRUM BAKER j to such an extent as may be neces The line of demarcation between f?.4" Protect, preserve and insure state and interstate commerce was frequently, in the earlier history of the country, brought out by at tempts of state governments to regulate commerce in the inter est of citizens of that state. More recently the shoe has been on the other foot and the Federal Con gress has been attempting to reach into the state to control state com merce. Regulation has been defined by the court liberally to include pol icies designed to foster and to pro tect as well as to control and to restrain. It is positive as well as negative. Almost anything may be done under the term regulate when it means to foster as well as to re strict. So the question is not what may be done, but whether the state or federal government shall do the regulating. Commerce likewise has been given the broadest of meanings. It means not only commodities and goods subject to purchase and sale, but it refers to goods in transit. For example, lumber shipped un der local bill of lading to a wharf and awaiting transportation by ves sel in interstate commerce is an interstate shipment as is a drive of logs frozen in a river and delayed in transit. Neither is taxable by the state as they are articles of in terstate commerce. Conveying stolen automobiles across state lines, whether-for sale or for use by the thief, is commerce subject to severe penalties pro vided by Congress under the com merce clause. Likewise, persons are "commerce" under certain circumstances when conveyed across state lines. The Mann act provides heavy penalties for transporting, or encouraging a female to go across state lines for immoral purposes. The so-called Lindbergh Act provides severe pen alty under the commerce clause for transporting across state lines "in interstate or foreign commerce" those who have been unlawfully seized, confined, kidnaped, abduct ed, or carried away and held for ransom or reward. Most students of history are fa miliar with the first great case in volving the attempt of New York to grant a monopoly on steam naviga tion to Robert Fulton and his part ner. Under their monopoly they granted a permit to one Ogden to operate a steam ferry between New York City and the New Jersey shore. Gibbons, operating a like conveyance under a Federal coast ing license, undertook to compete. A New York court promptly en- Joined Gibbons from interfering with the monopoly. An appeal to the Supreme Court under the lead ership of Daniel Webster, resulted in the invalidation of the New York monopoly. Under this case commerce includ ed navigation and transportation as well as goods. So Congress now regulates vessels plying between states, and the waters over which they ply. It dredges rivers and harbors, constructs canals, marks channels and operates lighthouses. It con trols the type of bridges which may be constructed over navigable wa ters and excludes or regulates the participation of foreigners in in terstate commerce, it likewise reg ulates streams wholly within a state but connected to navigable waters reaching interstate, and the use of all power sites found in navigable waters. Most recent devedopment is that the lower Federal courts hold that under the Commerce clause the Federal Government can regulate the power development of non-nav. igable streams which "contribute to the flow of navigable streams ARTISTS J ..... ilSLM; w '.&t:rf$L Here are exterior views and the plan for the first floor of the new $350,000 library to be construct ed on the University of Oregon campus. At the top la th way the library will look from point on Kin cald street near Fourteenth avenue. Lower left Is the main floor plan, showing the various features to bs Included In the structure. Lower left Is a view of the library looking south. The Museum of art is seen on ths left, while on the right the architect has sketched a view of the humanities and sciences building, a project for the future. The ground will be broken officially for the library at a ceremony Tuesday at 1:4!. (Illustrations courtesy Eugene Register-Guard.) I ur imeiesLs ui liiieisutie ur iui- eign commerce as affected by the proposed construction. This decis ion reaches far into powers hereto fore supposed to be reserved to the states. Over common carriers by land, notably railroads, the Congress has gradually extended its authority. In 1878 the court held that until Con gress acted the state might protect itself by regulating portions of in terstate commerce. In 1886 the Wabash case decided that all portions of interstate com merce were beyond the authority of the state regardless of the inaction of Congress in providing regulation. In 1914 the Shreveport cases extend ed the power of Congress by ruling that Congress had authority over purely intrastate rates that through competition, actually regulated in terstate commerce. Most sweeping case of all came in 1922, when the Wisconsin Passen ger Fares case ruled that intra state freight and passenger service that used interstate facilities were subject to Federal and not state authority. Decisions have not all extended the power to Congress. Federal laws on trusts and combinations in restraint of trade were held not applicable to a combination of su gar refineries, because manufac turing, even if the product were in tended for interstate shipment, is not interstate commerce. Jurisdic tion belongs to the state legislature and not to Congress. Moreover, the exclusion of goods from interstate commerce because manufactured by child labor was beyond the power of Congress. The j staie ponce power governea manu facturing, and Congress could not by pretending to regulate commerce actually regulate manufacturing which was not interstate commerce. Likewise, the National Recovery Act was declared beyond the power of Congress as it sought to regulate not only interstate commerce, but all commerce "affecting" interstate commerce. Clearly enough the court i3 adhering to its former rul ing that manufacturing and mer chandising do not become interstate because they incidentally affect in terstate commerce. They must ac tually be dominantly interstate in nature. State encroachment upon inter state commerce has been denied by the Court with equal zeal. It would astound the average reader to re view the cases in which acts by which state legislatures have sought to benefit the states' citizens by mercantilistic practices were over turned by the courts. The Supreme Court has been forced to hold that interstate com merce cannot be taxed by a state until it actually comes to rest. Imagine the plight of Oregon prunes enroute to New York if states through which they passed were able to tax them. When they come to rest they cannot be taxed higher than similar goods produced within the state. Neither may a state put a higher license on the right to deal in goods produced out side the state than is required for domestic goods of a similar nature. States may tax interstate carriers and facilities on the same basis as domestic carriers provided the tax is not otherwise unreasonable. A state may regulate by tax or otherwise the production of petro leum even if destined for immediate shipment in interstate commerce. Mining, like manufacturing, appears to be intrastate and not interstate commerce. The most interesting case involv ing the regulation of interstate commerce is one of the most re cent. It involved shipment of milk from Vermont to New York in de fiance of the New York milk con- SKETCHES SHOW HOW NEW LIBRARY It-1 Vvv ;- vts fW j C. F. ADAMS, Chairman of the boardi The First National Bank of Portland trol law, which had already been upheld by the Supreme Court of the United States as a valid exercise of police power. The court was called upon to de cide whether New York could in like manner govern the sale of milk coming from outside the state. In the case decided a few weeks ago the Supreme Court held that New York could not regulate milk brought into New York from Ver mont, that it could be sold in orig inal packages without conformity to New York s law. New York cannot erect a barrier to commerce between the states, The attempt of states to keep pro ducts of other states from compet ing with local products caused, as much as anything else, the framing and adoption of the Constitution, To be sure modern purposes may be more laudable than those found in the earlier days of state interfer ence with commerce, but the effects were the same in the end. State atomism and feudalism would be substituted for national economic unity and solidarity. This case went further than many cases which preceded it in that it held that the right to sell milk in New York was not limited to sale in the original package, but likewise held after the package had been broken and the contents subdivid ed. Vermont milk transferred to bottles would not be subject to the control of New York law. Formulas and catchwords could not be used to permit a state direct ly or indirectly to establish "an ec onomic barrier against competition with the products of another state or the labor of its residents." The form of packages is immaterial, whether broken or unbroken. A survey of the history of inter state commerce would seem to lead to the conclusion that the princi ple is clearly defined and rigidly and consistently adhered to. The terms of judicial decision are adjusted to maintain the spirit of the Constitution as originally adopt edthe complete assignment of in terstate commerce to Congress, and the complete reservation of intra state commerce to the states, wit'i the understanding that the lawful acts of each government might in cidentally affect the other. Thus intrastate commerce may incidentally affect interstate, and vice versa. Neither the state nor the Federal agency can be denied the exercise of its constitutional power because it incidentally af fects the jurisdiction of the other. Boya Kill Many Animal Pests Lakeview More than 7400 ro dents, predatory animals and bird pests were exterminated by the 10 boya who took part in the Lake County Pomona Grange rodent con trol project from April 20 to Aug ust 20, reports County Agent Vic tor W. Johnson. These included 1435 ground squirrels, 1072 jack rabbits, 1171 field mice, 549 pocket gophers, 74 coyotes, 1 bobcat, and miscellaneous other pests. The Gazette Times' Printing Ser vice In complete. Try It IJ Mint I 4-sWivV. ' 1 1 . ' FIRST NATIONAL PASSES 70th MARK Parent of Local Institution Has 64 Years Uninterrupted Dividend Record; Deposits $60,000,000. v Seventy years ago this week a charter was issued to The First National Bank of Portland, Oregon, unaer provisions or the National Banking act, which had become a law shortly before. It Is also note worthy that this was the first char ter to be issued for a national bank west of the Rocky mountains. While the bank is not making formal recognition of its 70th birth day, those who have been In con tact with it for many years and who are cognizant of the incident, are quietly extending their congratula tions to tne omcials of the bank. In commenting on this anniver sary, E. B. MacNaughton, presi dent of the bank, stated that one of its prideful accomplishments is the long and uninterrupted dividend record which its stockholders have enjoyed. The first dividend to stockholders was paid in 1867, two years after the bank started opera tions. This was for 7 per cent on the capital stock, which was then $100,000. In, 1869, two years later, there was a larger dividend. In 1871 there was a 4 per cent dividend on a capitalization of $250,000, and since that date, dividends for a period of 64 years have been paid without interruption. Data ob tained from business research bu reaus indicate that there are today less than 200 corporations in the country which have had uninter country which have had an unin terrupted dividend record equal to that attained by The First Na tional Bank of Portland. In commenting on the anniver sary of this pioneer Oregon insti tution, striking contrast is drawn between the bank that opened in 1865 on the second floor of Port land's only two-story building and the bank of today. The First Na tional now has, in addition to the main branch, Fifth, Sixth and Stark streets in Portland seven other Portland branches as well as branches at Astoria, Albany, Con don, The Dalles, Gresham, Heppner, Pendleton, Stayton, Salem, Hills ooro, Woodburn, La Grande and the recently opened branches at Union and Enterprise. Deposits of The First National, 69 years ago, at close of its first year of business, were $257,827.05. Deposits of this bank today are more than $60,000,- 000. Within the last three years the deposits of this bank have more than doubled. Deschutes Ships First Lettuce Bend. Deschutes county is be ginning to realize a cash return on its newest agricultural industry the growing of head lettuce. Har vest of the first commercial head lettuce crop in Deschutes county was started tfile latter part of Aug ust, and the first carload of ice packed heads was shipped out of Bend August 31, County Agent Gus Hagglund reports. Some job lots of dry pack lettuce have been sent to Portland, and one grower sold locally more than $200 worth of head lettuce from three-fourths of an acre. WHEN kidneys (unction badly and you suffer backache, dizziness, buminq. scanty or too frequent urina tion, getting up at night, swollen feet and ankles; feel upset and miserable ... use Doan's Pills. Doan's are especially (or poorly working kidneys. Millions of boxes arc used every year. They arc recom mended by users the country over. Ask your neighbor! WILL LOOK! . u v., v. ! 7 1 1 as m nl '. fmmmmmttKmm E. B. MacNAUGHTON, President, The First National Bank of Portland Queen and Attendants Named for Grant Fair John Day, Sept. 11. Miss Mary Keerins of Izee was elected Queen of the 1935 Grant County Fair as the result of a contest which was conducted throughout the county and which terminated Saturday night, August 31. The contest be gan August 10. Miss Keerins is an excellent horsewoman and a very charming young lady. She is the daughter of the late Joe Keerins and Mrs. Keerins of Izee. Eight attendants from the differ ent sections of the county wiH ride with the Queen during the three days of the Grant fair, September 19, 20 and 21, at John Day, parti cipate in the various events and lead in the big parade at 12:20 Sat urday, the last day of the fair. These attendants will be Miss Pat sy Carroll of Seneca; Miss Wava Lemon of Mt Vernon; Miss Lillian Carter of Long Creek; Miss Gladys Deardorff of Prairie City; Miss Wilma Amis of Dayville; Miss Hen rietta Bradley of Canyon City; and Miss Elaine Hiatt of Fox. Printing in the modern mode as turned out by the Gazette Times shop will please you and attract at tention to your business. Sell your surplus stock through Gazette Times Want Ads. Banish laundering drudgery with an all-electric home laundry! Says AUDREY HERINGTON 0 There's no sense is slaving over a wash tub and ironing board week after week. No sense in heating up your entire house just for hot water. Only a few cents' worth of electricity a week will do all your laundering in an elec tric washer and an electric ironer. You can have plentiful hot water whenever you turn a faucet, day or night, winter or summer, for a sum that will be scarcely noticed in almost any family's budget. Plan now to make yours an all-electric home laundry. Electric washers, electric ironers and automatic electric water heaters are very reasonably priced, and they may be purchased on convenient monthly installments. New washers offer more for price than ever before! An efficient, new electric washer pHE new electric washers now on display at dealers and in P. P. 8s L. showrooms are kind to even the most delicate fabrics. Yet their cleansing action is quick and thorough. In from 5 to 7 minutes they remove every trace of dirt leave your clothing fresh and spotless.The wringers are efficient, too safe and quiet. Attractively finish ed, any of these new models gives you more value in a washer than you have ever been able to buy before at the same price. '& Large Rook Class Due at OSC for Opening Sept. 23 The largest freshman class since depression hit college enrollment is in prospect when freshman week opens at Oregon State college Mon day, September 23. Advance appli cations, between 40 and 50 percent greater than a year ago, indicate a class of around 1200, says E. B. Lemon, registrar, with total enroll ment of about 3000. Every freshman is expected to report for freshman week In order to become acquainted with college procedure, requirements and oppor tunities before classes begin, says Lemon. Under the personal guid ance of faculty leaders the new comers become oriented before the old students return. The freshman week idea in Ore gon originated at the state college eleven years ago and has become one of the most valuable features of the year to students. Even rush ing by fraternities and sororities is prohibited until the "rooks" be come settled in their new environ ment Registration of old students is Saturday, September 28, with classes starting Monday, Septem ber 30. New State Association Formed by Hog Growers Salem. The Oregon Swine Grow ers' asociation, open to all hog pro ducers whether for meat or breed ing purposes, was formed this fall during the state fair. Its purpose is to bring the purebred and the commercial swine growers together for furtherance of their mutual in terests. First officers of the new associa- BALD? Give Your Scalp a Chance JapaMta Oil is the name of the remarkably successful preparation that thousands an using to ret rid of loose dandruff, stop scalp Itch and grow strong, healthy hair on thin and partially bald spots where hair roots are not dead. This famous antiseptic counter-Irritant stimulates circulation In the scalp, brings an abundant supply of blood to nourish and feed starved hair roots one of the chief causes of baldness. Get a bottle today at any druggist. The cost la trilling, aoc (Economy size. Si). You bare Uttla to lose and much to gain. FREE, valuable book "The Truth About the Hair." If you write to NatiMl Remedy Ce., Si W. 4Srk $., N. Y. JAPANESE OIL This adverritemtat was ravtewee) cad opprwrad by nattered pkyiislaw. IRON III COMFORT 0 Now you can buy an electric ironer for as little as $44.95. A quality ironer, too, of the type that operates by easy finger-tip control. The open end roll makes possible the ironing of everything from sheets to shirts. If you are shy on space, there is another new ironer you must see. This one folds into a vertical cabi net when not in use. Because it takes up no more space than a chair, it can easily be kept in your kitchen all the time. This model retails for $64.50. Any dealer will gladly explain to you the merits of the ironers he sells. Fold-away type ironer K.u SEE ANY DEALER IN ELECTRICAL EQUIPMENT or PACIFIC POWER & LIGHT COMPANY Always at Your Sarvfc tion are Cass Nichols, Salem, pres ident; M. Averhoff, Lebanon, vice president; Edwin Ridder, Sher wood, secretary-treasurer, and Joe Church, Brooks, and E. C. McLaln, Lebanon, executive committeemen. Officers have announced another meeting during the Pacific Interna- tlnrml Livestock exposition in r ort- land at which time it is hoped to bring eastern and southern Oregon growers Into the organization. Shelvador Refrigerators. Mora space for your money. Oase Fur niture Co. Here's the MOST Economical Dust you can use to Control Wheat Smut . Any way you look at it, New Improved CERESAN is the most sensible and economical treatment for seed wheat I It saves money costs under 3c an acre at average seeding rate, less than any other dust. It saves time and labor; can be applied by gravity treater. Saves drill breakage, too, for it does not clog. The U. S. Dept. of Agriculture recommends this dust for effective stinking smut control. Use it, for bigger yields! In actual farm tests the average increase has been 1.13 bushels an acre on clean seed; even more on smutted seed. On barley, 4c an acre pays for New Improved CERESAN treatment and saves you losses from covered smut, black loose smut, stripe, seedling blight. Ask your dealer or write to day to Bayer - Semesan Co., Inc., Wilmington, Del., for free Cereal Pamphlet 103-C TREAT SEED EVERY YEAR -IT PAYS 4iif Home Service Director tor Pacific Power Light Company Enjoy electric hot water service now npHE only way to know the real pleasures of automatic electric hot water service is to use it Not only for laundering, but also for bathing, shav ing, dishwashing, cleaning, in emerg encies, and for every other possible use. That is why dealers and Pacific Power fit Light Company make you this proposition: At a special low price you can buy a 40-gallon automatic electric water heater. Terms $10 down and balance in convenient monthly install ments. The heater operates for only eight-tenths of lc per kilowatt hour. Use this heater for all your hot water. Discover the thrill of abundant hot' water whenever you turn a faucet Remember, if you are not completely satisfied at the end of 60 days, the heater will be removed from your home without charge and your payments refunded. The only cost to you will be the electricity you have used.