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.