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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (Feb. 18, 1935)
MEDFORD MAIL TRIBUNE, MEDFORD, OREGON. MONDAY. FEBRUARY 18. 1935 BRUNO POSES AFTER CONVICTION ACTIVES INSTALL Held For Treason DEW AIDED RESCUE G.P. LITHIA SPRINGS F PAGE TEX 1 1 f 1 1 ROOSEVELT'S VIEWl (Continued rrom page one) Here 1 the language in which tne court denied holder of federal gold bonds to sue for redrew In the court of claim: "In Tlew of the adjustment of the Internal economy to the tingle meas ure of value as established by chc legislation of the congress, and the universal availability and use throughout the country of the ltgl tender currency In meeting all en gagement, the payment of the plain tiff of the amount which he demands would appear to constitute not a re coupment of loss in any proper enw but an unjustified enrichment, position Untenable "Plaintiff leems to make bis case solely upon the theory that by reason of the change In the weight of ths dollar he 1 entitled to one dollar and sixty-nine cent In the present cur rency for every dollar promised by the bond, regardless of any actual loss he has suffered with respect to any transaction In which his dollars may be used. We think that position Is untenable." While President Roosevelt with held comment, elation was evident among his advisors both In congress and downtown. "We are not concerned with coruc quences," said the court, "In the sense that conaequencee, however cr lous, may excuse an invasion of con stitutional right. "We are concerned with the con stitutional power of the congress over the monetary system of the country and its attempted frustra tlon. "Exercising that power, the con gress has undertaken to establish I uniform currency, and parity between kLnds of currency, and to make that currency, dollar for dollar, legel ten der for the payment or debt. "In the light of abundant exper ience, the oongress was entitled to choose auch a uniform monetary sys tem, and to reject a dual system with respeot to all obligations within the range of the exercise of It con stitutional authority. "The contention that these gold clauses ere valid contract and can not be struck down proceeds upon tho assumption that private parties, and states and municipal 1 ties may make and enforce contract which mpy limit that authority. Must Face pact "Dismissing that untenable as sumption, the facts must be faced. "We think that It Is clearly ahown that these (gold) clause Interfere with the exertion of the power grant ed to the congress and certainly it !i not established that the congresa ar bitrarily or capriciously decided that such an Interference existed." While there was a little uncertainly at the White House as to the exact ruling on federal bonds, there was no Indication that presidential actton was Imminent. The court's position on private bond applied as well to bonds Issued by state and municipalities. Regarding gold certificates, Hughes specified the court of claims had no Jurisdiction. A to whether holders had the right to recover actual damages when gold coin Is not paid, tho court reminded that the plaintiff admitted congress had power to regulate currency and deliver gold. Cannot Repudiate Debts As to federal bonds, Hughes said the law was not a valid act when It applied dollar for dollar in payment of government bonds. The question being whether congress can invalidate the pledge which the government made when it pledged Its credit In Issuing bonds. Congress can not ignore the prom ise which the government had made, he said, and congress can not repudl dlste the government's obligations. But, It developed subsequently, those who consider themselves to have suffered wrongly from the con tested law can not sue for the addi tional money they believe their due. "The constitution Is gone." Mc Hejnolds stated In delivering one of the dlwntn. His emphatic view was that It could not be disclosed at this time what , would be the effect "of what hsu been done here this day." He pointed out that solemn prom ise the government hsd made In ttic Ml of Its bonds tlmt purchasers would receive payment In gold. His opinion was in reference to the federsl bond rase. His words were listened to with rapt attention by the crowded courtroom. Oonsre5s. in the view of the disin ters, hsd enacted the deputed law to rle the price of agricultural commo dities. The minority asserted the gov ernment was insisting ttist all credi tors must accept 81 cents on the dollar. "Clod knows I do not want to tn!k about such matters but it Is my duly." declared McReynolds. 1 rlttrlre Majority He crltlcl.-ed the majority by ssyinj It "In one breath" ssvs congress had 1 says congress had no power to repudiate the gold bond obligations, but at the same time! reaches the conclusion because the government bond holder can not ac cept gold, he must accept a 60 per cent legal tender dollar for each gold dollar the government promised to pay. Congress Is without power, accord ing to the decision, to repudiate Its gold obllcstlona In Its own bonds, he contended, but csn not be compelhM to psy In devalued doners the vsltie of the gold celled. This mesns coiu-rrhs csn pay In 60 cent dollsrs, he continued, adding cryptically: "Thl Is Nero In his worst form. "We are confronted with a dollj: which hsa been reduced to 80 cents which may be 30 cent tomorrow, 10 cent the next dsy and one cent the dar following. "We have tried lo preeut lis en trance Into our legal system but have tried In rain. W are told the gov. mmetH bad bl4 chU of it Unuu i , i , ' . ,'v. vr? i iiiaaian i I - - - ' i III! J ' i m ' - 'mum it LsW ills 21 w 1st ' ' - Thla wii on of the flrat pictures taken of Brunc Richard Haupt mann after ha had been convicted of the Lindbergh baby murder In Flemlngton, N. J. The priaoner la wearing wrinkled and baggy trousers In his cell. (Associated Press Photo) tlons 93,900,000,000 which la now re posing In the treasury." Agreeing with the majority on the main lMuea, Justice Stone neverthe less presented a brief dissent on one point Indicating; he frit the court had gone too fur on the federsl bond esse. fly Melbourne ChrlMpnwn Associated Press Staff Writer. WASHINGTON, Wa. 18. (AP) Sixty-nine billion dollars was the ultimate stake In the legal maneuver ing that took the celebrated "gold clause" caMs Into the supreme court. The Immediate ateke of those who refused to accept the government's emphatic "no" In anawer to their de mands for payment In gold, was only 9ee.000.000, a small aum compared with tho vast total Involved In all public and private conti-ncts. One of the men who through coun sel, has told the supreme court that congress hsd no right to deprive him of his gold or the equivalent In legal currency wsnted to gsln only US. 60. uul that man personified thou- sanda of holders of bonds, mortgages and other contracts containing; prom ises to pay an estimated 9100.000.000, 000 In gold or Its equivalent airni,. 000.000,000 of present devalued cur rency. Xlnry of Cnnc Here Is the atory behind these his toric cases: Last February Norman C. Norman of New York presented an Interest coupon on a Baltimore and Ohio rail road bond, which had a face value of 23.80 and demanded payment In gold or Its equivalent 3B. 10 In legal ten der. Payment was refused and Norman. determined to get the additional 916.00, sued In the supreme court of New York county. He was among the first to hammer at the constitutionality of "nubile resolution number 10" approved June 3, 1033, under which congress declared provisions of contract obligations re. quiring payment In gold, or "In an amount of money measured thereby" to be against "public policy." jusc as strong an attack on the resolution was mndo by the Bankers Trust company of New York and WII. nam II. Blxby. trustee under a mort gage of the Iron Mountain railway, who asked In the United Slates dis trict court at St. Louis In December. 1033, that the mortgage of 9.14.S4R.000 bo made payable In gold com. the equivalent or which under present lawful currency would be 958.38fl.120. llonlil IMiri'ii-c Iielit In 1017 the Missouri raclflc Rail. road company acquired the mortgage property of the Iron Mountain road. llie Missouri Paclllc Is now In receiv ership. Indebted to the Reconstruc tion Corporation for t J3 134 800. The Missouri Paolflc contended that If it were forced to pay In cold or It. equivalent Its total bonded d-bl would be Increased from 9 138.000 (M0 lo 9743.000,000. In another cum P. Eugene Noitz, ol w York, went to treasury denan. nient representatives on Jan! 17. HW. and demanded that the 9108 300 gold ne neld be redeemed tn gold coin which at thst time had a slue of 933 13 sn ounce. Oovernment scents shook their heads and ottered Nortz 9108 300 m di'llar-for-dollar currency. Under pro tect he accepted but filed a claim n, the United States court of claims tv 984 334 damages. Thst. ho said. w.ia the difference between the msrk-t value of the gold and the face amount which he received. Mpress Contract ( laluinl Norte, sought to nrm that ...)- ..... tiftcAtfs iitvitntH n '" tract on inf piirt rf the vnlted fltstes" an argument dlsniited hv counsel who asserted thst gold certl- ncsiea were money and nothing more. X) X) On Hotrw.rtoM Cowls Aolcv, Fir, t lawful mterr rates sorl liSertl atv. convenient rrTMvtnrrtt terms. (,HmV. courteous, confitientiil servtcr. No irvloivti re,miml. .rrull wecUv of mnnihlv pjymenrs, 'on can pay loan off m full at any rune. OREGON. WASHINGTON MORTGAGE COMPANY ee , I). Tlieni.u or L. J. Illlry 4 r. tentral. I.l.en.e No. 51-K.7 Th court of claims certified the case directly to the supreme court as It did the controversy involving John M. Perry, also of New York, who went to the legal mat with his (10.000 Lib erty bond. Perry's bond was payable on or after April 15, 10.14, and on May 31 he presented It with a demand for $16,931 In legnl tende- currency. He was offered dollnr-for-dollar In lefral tender currency, the kind the grocery and drygoods store give in change, perry wasn't satisfied and told his troubles to the supreme court. Meteorological Report February 18, 1035 rorecasls Medford and vicinity: Unsettled with rain tonight snd Tuesday. Mod erate temperature. Oregon: Unsettled with rain Tues day and rain west portion tonight. Snow over mountains. Moderate tem perature. Temperature a year ago today: Highest, 50: lowest, 40 Total monthly precipitation. 1.31 or an Inch; deflclenty for month. 0.14 of an Inch. Total precipitation since September I, 1034. 11.84 Inches: excess for the season, 0.16 of an Inch. Relative humidity at 5 p. m. yes terday, 34 per cent: S a. m. today, 85 per cent. Sunrise tomorrow, 7:01 a. m. Sunset tomorrow, 6:40 p. m. Observation Taken ot 5 A. M., rioih Meridian Time 55 Efe 33""" a o s i sg s h jS B S s 8 Bolso 36 32 .... Cloudy Boston .. 34 23 .52 Clear Chicago 30 30 T Cloudy Denver 80 40 .... Clear Kureka 02 46 .... Cloudy Helena 50 40 T cloudy I.os Angeles 78 58 .... Clear MKUPOKD 83 37 .... Cloudy New York 40 28 .08 Clear Phoenix 88 44 .... clear Portland 82 47 .... cloudy Reno 62 33 .... Clear rtoseburg 58 40 T cloudy Salt Lske city .... 44 38 .... clesr San Francisco .... 64 52 .... Clear Seattle 50 44 .03 cloudy Spokane 44 34 T Cloudy Wnlla Walla 54 Washington. DO 48 3t .... Clear Helping millions to END COLDS SOONER "I ( CHAPPED! T qulrklv r1tv ift chapping and roughness, spplv soothing. cooling Menlholalum. BANQUET MEETING Members of Medford Active club Installed the Active club Internation al of Ashland Saturday evening with an Installation banquet at the Llthla hotel. Rolls needy acted as toast master and Mayor Thornton S. Wiley of Ashland made the address of wel come. Among the main apeakers of the evening waa Dr. B. O. Barkwell, presl dent of the Ashland Chamber of Commerce, who welcomed the new or ganization and lta many young men uivinoers on ocnaii of tne chamber. Oeorge M. Slmona of Aberdeen, wasn.. president or Active clnh In. ternatlonal, presented the charter to the Ashland club and spoke on the growth and civic prominence of the organization. Spekklng for the newly organized club, he pledged the Ash land membera to uphold the Ideals of the Active International. William McAllister of Medford. truatee of Active International, pre aented the following membera of the Ashland club with their plna and membership certificates. Frank J. VanDyke, preatdent; Rolla Reedy, vice-president; Wlllard Eber hard, aecretary; Ctordon MacCracken, treasurer: Elmer Blegel, sergeant-at-arma; Dr. Wayne Wells, Earl Leever. Donald Faber, Harold Teale, and Hobert Dodge trustees; Stanley Arn old, John Billings, Angus Bowmer. Wilbur Bushnell,' Oeorge Hall, Leon ard Hall, Howard Hobson, Bob Ingle, Kenneth Madden and Dr. Harvey Woods, charter members. Wlllard Eberhard. aecretarv of th. club, read telegrama from various Ac tive ciud cnapters, congratulating the Ashland organization upon receiving lta charter and welcoming the mem bera Into the International. The following members of the We. natchee. Wash., Active club were In troduced: Gordon Pratt, president ot the Wenatchee club and former Mod ford Actlvlan; Virgil McBee, past president of tho Wenatchee club, and Ed Douglas, treasurer of Active In ternal. After their Introduction Charles Mann of Tacoma, editor of the "Actlvlan", and historian of Ac tive International, spoke on advance menta being mado by the organiza tion, statlnir that It has increased nr. per cent during the last 13 months. Professor Irvlmr R. Vlnlnrr mv, address on "Capitalizing on Enthusl- bmh. Guests from the Medford AMlro club were: Dr. L. L. Sanders. Chester Hubbard, Wm. McAllister, Bruce Bauer, Harold Larson. Glen Fabrlck. Carl Johnson, Dr. B. C. Wilson, O. Z. Dean, Kenneth O. Denman, Dr. Dwlght Flndlcy, J. A. Moore. Jay Oelse, Earl Sims. Lea Welsenberger, Jack Butler, Leslie Van Dorcn. Ken neth Anderson, Dr. Stanley Phillips, Take a cigarette gk like CHESTERFIELD tgr vvf . . am? tM t, You know I like that cigarette I like the way it tastes. . . there's plenty of taste there. Chesterfield is mild, not strong . . . and that's another thing I tie in a cigarette. What's more, They Satisfy . . . and that's what I like a cigarette to do. I get a lot of pleasure out of Chesterfield . . . you know I like that cigarette. . a, h'4l v J milk 'JLr& Richard Roidcrer (above), for merly of Cleveland and Chicago, it another United States citizen who haa run afoul of Nazi officials in Germany. He it expected to be ar raigned In Berlin on a c hago of treaeon because o' writings found In his notebook at he was about to enti" the eountry. (Associated Press Photo) Jack Walker, Wm. Heath, Al Seekatz. John Niedermeyer. After installation a dancing party was held at Lithla hotel ball room, enjoyed by Ashland and Medford Ac tlvlans and their lady guests. 2 HORSES KILLED Lyle Hurd, forest service employee at the spike camp near Talent, struck three horses loose on the Jacksonville highway near Oak Grove at 5 o'clock this morning, killing two of the horses, almost completely demolishing the front end of his car. and giving Hurd severe cuts about the head. Hurd was driving to Talent to re port to work from his home on the Applegate. when the accident occur red. It was stated by Hurd that he didn't see the horses until about 30 feet from them, when they ran out of the driveway of the Pennington home. The horses belong to Charles Campbell, local men's clothier and dairy msn. Campbell stated today that the horses were supposed to Ik In a pasture three-fourths of a nv.le away, and could give no explanation of their being at large. WI(Mlninn norovers Dr. E. D. Wied man. educational coordinator for the Medford CCC district, was back ou the Job Monday after an illness of over a week. Dr. Wicdman was taken to the hospital with pneumonia Just after the educational conference opened hero Feb. 8. A fact of local interest concerning the Maron disaster last week U that La-A-ell Dew, former Medford high school student and graduate of An napolis. r.M in command of a life boat from the U. B. 8. Richmond which picked up 30 of the dirigible's men shortly after the crash. In a letter to his parents, Mr. and Mrs. I. A. Dew of the Jacksonville highway. Ensign Dew described the rescue briefly, stating that the men his boat picked up had been packed In their tiny rubber lifeboats for an hour and a half and were "very glad to see' their rescuers. Mrs. Dew said her son limited his description of the rescue to only four lines In the letter, but said the men were ex tremely fortunate that tne sea was not rough and that the Richmond was on hand. Ensign Dew Is in San Francisco, where he will be until February 23 before returning to San Diego, where his ship Is stationed during maneuv ers In the Pacific. 4-H CLUB LEADERS There will be a meeting for all 4-H club leaders of Jackson county at the county court house auditorium Tues day evening. February 19, at 8 o'clock, Mabel c. Mack, county home demon stration agent, announced today. The purpose of the meeting is to discuss Leadership problems in subject mat ter and organization and to discuss the organization of a. county local leaders' association. H. C. Seymour, state club elader of Corvallls, will be the principal speaker. Mr. Seymour will discuss county and state lenders' associa tions. VIOLA TOLLEFSON TAKEN BY DEATH Viola D. Tollefson, passed away at her residence 20 Washington street, at 5 p. m. Sunday. She w.ys born at Minneapolis, Minn May 25, 1893 and was aged 35. Sne hod been a resident of Medford lo: the past eight years. Besides her hus band, Alivcn Tollefson, she leaves her mother. Maude Darling and two sisters. Dorrls Owens and Faith Ha han, all of Minnesota Funeral services will be held at the Conger chapel at 2 p. m.. Wednesday with the Rev. R. Peterson officiating. Interment will be in the Siskiyou memorial park. A. C. Hslr!gj5. a Grants Pass ycuth. wlio sliecedly patwd s lorded cnerk amounting to 1 38. upon t.ie proprietor of a Central Point servlre nation, was ordered held to await action of the grand Jury by Justl-v of the Peace W. R. Coleman Satur day afternoon. The accused youth failed to taiie up the small check, the authorities said, though given opportunity co do so. Thomas H. Emmons, charged wl,h operating an auto without a muff ler, was fined $5 ana costs. Emmons denied he was traveling at s, high rate of speed on the. Pacific highway near Central Point, aa charged by the state police. Al Mueael, charged with exceeding the speed limit In his auto, was scheduled for a hearing late todjy Muesel, the court records show, was charged with the same offense several weeks ago. and assessed a fine ani costs. - fc-r fl FOOLISH GIRL ! NO OTHER SOAP AGREES WITH MY SKIN LIKE LIFEBUOY YOUR COMPLEXION CERTAINLY PROVCS IT. I START USINS LIFEBUOY TODAY IT'S SO SIMPLE, REALLY, 0 ') Iu I NEVER LET ANY SOAP BUT 1 E21 LIFEBUOY TOUCH MY FACE J0KE-WHAT DO LIFEBUOY. BUT I'VE I YOU MEAN ? BEEN USINS ANOTHER LIFEBUOY-WELL THE SOAP FOR MY FACE I JOKE IS ON ME ! y LIFEBUOY MwW A MONDAY LL'CREZIA BORI KOMtLAMT." 6 P.M. (p. i ; An order granting the state bank superintendent, in charge of liquida tion of the Citizens' National bank of Ashland, right to sell to the city of Ashland 56.75 acres of land for a proffered price of aiOOOO has been signed by Circuit Judge H. D. Norton. The land embodies the Llthla springs, owned by the Pompadour Mineral Springs company, and upon which an encumbrance of $17,142 exists as a Judgment. Ashland voters at a re cent election approved of the pur chase by the city. Another order giving the state bank , superintendent the right to accept V $180 from, the California-Oregon Box company, as a six months' payment of Interest on a note held by the bank, was signed. The order makes the Interest rate fl per cent. Instead of 8 per cent, and provides for inter est payment at that rate In the future. TELL YOU MY BEAUTY SECRET gladly! Khder to the skin NO WONDER complexions thrive on Lifebuoy. It's milder, gentler. Scientific tests made on the skins of hundreds of women show Lifebuoy over 20 "milder than many "beaury soaps." Its bland lather deep-cleanses. purifies, freshens dull skins. Purifies body pores, roo. Stops "B. O." (Wjk odcr). Lathers freely in hardest water. Its pleasant, quickly-vanishing hygienic scent tells you Lifebuoy protects It agrees with my skin ..... say millions IPVf Tr SATIRDAY ,i Y RICHARD " ' - BO.NELLI AM) C110RI S I i. 'liiH .NETWORK il A . Ui IgAAttAOv ta