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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (Oct. 1, 1935)
TklEDFORD MAIL TRIBUNE. MEDFORD. OREGON, TUESDAY, OCTOBER 1. 1933 PAGE THREE ICE CREAM Fll UPHELD BY HIGH IT IN TEST (Continued from Page One.) Icetlng agreements, having the force and effect of law, whether they have assented thereto or not, and for vio lation of which their goods may be forfeited and they, themselves, be come subject to criminal prosecu tion against which they could make no defense. Contravenes Constitution. j To accomplish this, the opinion stated, all that is necessary is to have a substantial majority, meas ured In dollars or units of output, of the persons engaged in that In dustry, to approve such an agree ment. Under these provisions a pre ponderant majority may, without as sent of others engnged In the same Industry, fix the price and restrict the amount produced. In granting these unrestrained and coercive pow ers to a group of persons the law does not place any limitations. i Under the constitution which dele-'. gates exclusive authority to make , laws to the legislature, subject only i to the referendum and Initiative, "the legislature cannot confer upon any person, agency or tribunal the power to determine what the law shall be," the opinion stated. "The act leaver wholly to persons outside the leglilature the power to deter mine whether there shall be a law at all, and if there is a law, what the terms of that law shall be." 1 Justice Rand wrote that "it Is Im possible to conceive of a more com plete delegation of legislative power and, since the act contravenes the plain provisions of our constitution in that it attempts to make an un lawful and unauthorized delegation of legislative power, the act Is un constitutional and void. No Rule Prescribed. "The further objection that this act i unconstitutional because it contains no standard or guide and prescribes no rule of law by which the powers conferred under the act are to be exercised must also be sustained. This act does not come within any of the exceptions of ar ticle 1, section 21 of the constitu tion and, of course, it was never submitted to a popular vote." The plaintiffs attempted to avoid these constitutional objections, the opinion read, by "contending that the act should be upheld as a proper exercise of the police power. This contention must fall because the constitutional prohibitions apply to the enactment of all laws, whether enacted under the police power or otherwise. "The legislature, under the police power, may pass any reasonable sani tary law to protect the public from the sale of impure or deleterious food products, but this act was not designed for that purpose, nor does it have that effect, and hence l& docs not come under the police power of the Btate, since the busi ness and industry covered by this act are not affected with a public interest and none of the property used in such business or industry has ever been devoted to a public use." Many Cases Cited. The opinion cited many cases up holding the contentions brought out, including the supreme court of Wis consin and that of Washington in similar cases. Justice Rand held the Judgment appealed from was there fore affirmed. In his dissenting opinion Justice Bailey protested the broad scope oi the prevailing opinion. He declared: "As to future legislation seeking to remedy present Ills, we do not know what course the legislature may take or what subjects it may cover in an effort to bring about desired economic adjustments. We therefore ought not to attempt to broaden our decision beyond the ne cessities of the case now before us. "For the reasons herein expressed, I am unwilling to concur in that part of the opinion which declares Illegal any legislation fixing the price of agricultural products." Annie Springs CCC Men At lOrater Lake CAMP ANNIE SPRINGS. Spl. More than 100 men from this oamp made the circuit of Crater Lake over the rim rood Saturday afternoon. A caravan of five trucks was arranged for the occasion by H. J. Tlchnor and the boys were accompanied by Lieut. A. H. Hopkins, camp commander, and A. L. Mallery, educational adviser. A number of stopa were made at points of scenic interest and many striking pictures were secured. The boys have been working on the rim road during the summer, mut this was the first , opportunity to goj around th lake. SINGER Fall Fashion Show at Singer Shop, 237 East Main Wednesday, October 2nd Afternoon Show 2 30 Evening Show 8:00 Call at the Singer Show now tor your reservation card Society and Clubs Rv JANKT WRAY SMITH Ilalrds Honored With Church Reception Rev. and Mrs. W. R. Balrd and family will be honored tomorrow eve ning with a reception at the First Christian church, commemorating the beginning of the pastor's sixth year with the church, In appreciation of his work here. A program of Instrumental and vo cal music will be presented, followed by moving pictures shown by Mr. Radcllffe of the Camera club In the main auditorium at 8 o'clock. Re freshments will be served In the rec reational hall. The entire membership of the church Is cordially Invited. 1 Meeting of Women's Relief Corps Members of the Chester A. Arthur Women's Relief corps are asked to meet at the Armory, Thursday at 12 noon. A light lunch of sandwiches, cake and coffee will be served in hon or of the department president, Mrs. Nettle Greenough, who will inspect the corps at the regular meeting at 2 o'clock. Members are asked to bring sand wiches and their own service. Meeting Of Missionary Society The adult missionary society of the First Christian church will meet on Wednesday afternoon at 2 o'clock in the recreational hall, Mrs. Julia Gregory and her group have prepared a very Interesting pogram dealing with missionary work In the rural areas. All members and friends are invited. Mrs. Montgomery Leaves for Portland Mrs. Naomi Montgomery, who ar rived here last Wednesday to be present at the ceremony for the su preme queen of Daughters of the Nile, returned to her home In Port land today. She has spent the week visiting friends and renewing old ac quaintances as she was a former resi dent of Medford and a past queen of Zuleima temple here. Willlanis-Schrader Marriage Announced Announcement has Just been made of the marriage on September 27 of Miss Esther Williams and Donald R. Schrader, which was solemnized at the Zton Lutheran church. Rev. Geo. P. Kabele reading the ring ceremony. Witnesses were Mr. and Mrs. B. G. Miller and Victor Goble. Rotary Women Meeting Today Mrs. W. A. Gates will be hostess to day to the Women of Rotary at a dessert bridge luncheon at 1 :30 at her home, 31 crater Lake avenue. DATE UNSETTLED SALEM, Oct. 1. (AP) Governor Martin, In an official statement to the press today, quieted reports be had set a definite date for the call ing of the special session of the legislature and again reiterated it was "impossible for me to state defi nitely when this call will be issued." Recent reports set the date for Octo ber 14. The governor declared he would call the legislature together promptly when official notice Is received from Washington on the status of the capltol and land grant applications, and would only allow a "reasonable time before the meeting to enable legislators to arrange their personal affairs." No word from Washington had been received today. Immediately following the issuance of the statement Governor Martin left for Portland whero he said he was called on "emergency business." NEED OF COLUMBIA SALEM, Oct. 1. (AP) Defense lessness of the mouth of the Co lumbia river as well as the similar sltuatton along the northern coast or the United States was emphasised by the army command post exercises Just concluded at Fort Lewis. Major Oeneral George A, White declared today upon his return from the maneuvers. "While the theoretical Invader ot the northwest was crushed finally into the sea after two weeks' fight ing by the American fourth army in the Fort Lewis area, it would have been an altogether different picture ir the invader had been a reality," General White said. farewell Party For Mrs. Burroughs Mrs. Peter Dietrich was hostess to a group or friends and neighbors last Thursday at a farewell party for Mrs. Dorothy Burroughs, who, with her family, is leaving soon to make her home in Lake view. Mrs. Burroughs was suiprUed with a handkerchief shower and received many other lovely gifts. Following the social hour, refresh ments were served by the hostess and all the guests expressed their sincere regret at Mrs. Burroughs' leaving, but wished her luck and happiness In her new home. View Pacific For First Tiro Mr. and Mrs. Hill, who have Just recently come here from the east, were guests of Mr. and Mrs. H. O. Frochbach Sunday on a motor trip to Crescent City. Neither Mr. nor Mrs. Hill had seen the Pacific ocean be fore and expressed great delight at the beautiful scenery along the coast. The party motored south along the new highway and aa far north as Smith River before returning home. ! Popular Visitors Returning Home Today Mr. and Mrs. L. B. Brown, who have ! been guests in Medford of friends and relatives for the past two weeks, left this morning for their home In Oak land. Mr. and Mrs. Brown are quite 'well known here, and have been enter tained at several affairs while in Medford. Meeting Of Roosevelt Circle Because of the Teachers' Institute meeting on Friday, the Roosevelt Home and School circle will meet for the first time this year on Thursday Instead of Friday, at 3 o'clock in the school building. A very Interesting program has been planned, and a special Invita tion la extended to all new mothers. Leave For Southern Trip Mr. and Mrs. A. H. Perry of Perry dale, accompanied by their daughter and son-in-law, Mr. and Mrs. Walter Flinn, and grandson, Allen, left yes terday by motor to spend a month traveling In California. They will go as far as San Diego before returning home. f-f Alpha Sigma Class Has Party Announcement has been made of the party to be given tonight by the Alpha SJgma class at the First M. E. church at 7:30. All members are wel come and urged to attend. SILVIA SIDNEY AND PHOENIX, Ariz., Oct. 1. (AP) Sylvia Sidney, screen actress, and Bennett Cerf, New York publisher, were married by Superior Judge Mar lln T. Phelps In private ceremonies at a hotel here today. The film star arrived here by air plane from Hollywood and was met by Cerf, who had flown here from New York several hours before his bride. The wedding party planned to board a plane here this afternoon for Los Angeles. "Our plans are very Indefinite after that,' Cerf said. Earlier at the airport, Cerf em braced the actress and exclaimed, "Little Sylvia risked her life lor me." Miss Sidney's plane had been forced to land at Barstow. ALL URGED TO OBSERVE FIRE PREVENTION IE!' SALEM, Oct. 1 (AP) In line with the presidential proclamation desig nating October 6 to 12 as national fire prevention week. Governor Mar tin today Issued a statement urging all municipal officials, church e... schools and business organizations as well as citizens to observe the week. State Fire Marshal Hugh Earle re ported the average yearly loss of life from fires during the past five years In Oregon was 36 persons, while 820 others were Injured. The annual fi nancial loss was given as $4,259,788 Babv's Skin r i ii MEDFORD VETERINARY HOSPITAL 15 tarn exnertenr In tar nd .mall animal practice Tib N Riverside Phone 3G9 BARGAIN PERIOD OF MAIL TRIBUNE CL0SE5T0NIGHT (Continued Irom Page one.) cal coverage. Ail for about one cent a day under the special bargain rates. The bhrgaln period ends tonight, and to Accomodate those who cannot Ret to the Mall Tribune bulldlnj during the day. the office will be open this evening until 10 p. m. Under the featured low rates.' annual subscriptions are 5 for carrier de livery and M 50 for mall delivery In Jackson. Josephine and Siskiyou counties. Mall orders must be post marked today to benefit from the reduced rates. Orders are still running substan tially ahead of those of the past few yeors. lndlcatlne that economic con ditions havo materially Improved and that the Mali Tribune Is considered a dally necessity. One Kfczniftc.int proof of better times Is that this year more checks are belli; received by mall than mon ey orders, whereas a year nao the bulk of payments bv mall were made by postal orders. This Is viewed by Gerald T. Latham, circulation man ager, as ample evidence that tho peo ple are once asraln able to maintain bank aocounts. Remember the deadline! Ten o'clock tonight. Tomorrow the usual rate of 60 cents a month will asaln be In effect and there will be no further subscription reductions until the Mall Tribune bargain days roll around again next year. Reese Creek REESE CREEK. Oct. 1. (Spl.) The school is progressing nicely with Mr. Vlmont ba principal and Miss Ruttencutter In, charge of primary grades. Mr. and Mrs. Ed Cowden. who moved last spring from near Eagle Point and bought property In this community; are having their house remodeled and new woodshed and garage built. ' . Mrs. Cowden's brother-in-law, Ed Watson, from Pacific Grove, Calif., is doing the carpenter work. Charles Humphrey is busy hauling wood to Eagle Point, filling orders. as low as v-Vy. V-7; o ' A MONTH W L Low F.H.A. Interest No Red Tape "mZ" i 1 JL Jf HOW EASY IT IS TO OWN AN S A M E ft 1 0 A H H I A T E R CD.BEAN Mrs. Fulton, of Fulton's service sta tion, left Sept. 17 for San Diego. Calif, and other points In the south on business; also to be at the bedside of her son who had an operation. Mrs. Jack Grow and daughter Alcne who are staying In Medford packing fruit, are home for a week's layoff. Homer Martin Is delivering 10 tier of wood to Leo Rusho on Crater Lake highway. Mr. and Mrs. Merle Jack are the parents or a fine boy (Alva Earl) born Sept. 2; 8 lbs. 11 ounces. Mr. and Mrs. Frank Caster went to Huckleberry Mountain, Sept. 26 for a few days, Miss Edna Lamb Is st hying at the home of Mr. And Mrs. Jack Grow, while attending high school at Eagle Point. Born to Mr. and Mrs. Robert Hum phrey, a fine baby girl. Sept. 20, weight seven and one-half pounds. She will be called Roberta Darlene. Mr. and Mrs. Frank Hill of the Darby district, were dinner guesus Sept. 22 of Mr. and Mrs. Ivan Hat field. Little Edwin Jack, son of Mr. and Mrs. Merle Jack, got his finger hurt In the lawn mower one day last week. He had to be taken to Medford and have the fingernails removed by a doctor. v Miss Evelyn Waddell left Sept. 24 for San Diego, Calif. She accompan ied her aunt, Mrs. H. H. Shaw, and will visit her grandparents, Mr. and Mrs. Lloyd Briscoe, while attending the fair at San Diego. Mrs. Lloyd Clngcade. of Eagle Point j and two small children, Lester and small daughter. Carman, visited her parents, Mr. and Mrs. I. S. Hatfield, for several days this week, going home' Thursday. Mr. and Mrs. H. E. Webb, also Mr. and Mrs. Charles Simmons, all of Derby, were guests Thursday at the j Robert Humphrey home. Claude Waddell began the first of l last week baling hay for his neigh- I bors. Mr. and Mrs. Elton Hood of Central Point are visiting Mrs. Hood's parents. Mr. and Mrs. John Hankln, for a few days. Mr. Hood got two ribs broken while working on a fruit truck in an orchard near Central Point last Wed nesday. Mrs. A. E. Smith of Derby who Is staying for a while at the Jack Grow home, went to Ashland with Mrs. Ed Cowan Sept. 25 to get ber mother, Mra. E. J. Leter, who Is 89 years old. She will meet her with another daughter, Mrs. E. A. Waymlre, also of Derby. Mr. and Mrs. Ernest Alters and children spent an evening recently visiting at the home of Mr. and Mrs. Wilford Jack. Mr. And Mrs. Dale Smith and Mr. and Mrs. Ivan Hatfield spent several LVED! YOUR HEATING PROBLEM Clean, Economical, Efficient, Attractive Styled By TEAGUE Mr. Teajtiie'i outntandlnc anc re a a deslrner may he Jiiilccl by the fart Hint IIKSIIV FOHIi rommlftftloned tlfm ta pltin nnd rirplgn t he Interior of the lord biillillni at I hi- I hl caico World' Fair and ha. ajrafcn rnmml..lon.d him to dricn the entire hiilldltiK, hoth Hie exterior and Interior of Hie Hi Kl III ll.nisn at the nn lilero 11)33 International Exposition. Kindly Neighbors Put New Roof On Reese Creek Home REESE CREEK. Oct, 1. (Spl.l W. R. Lamb had a real surprise Sunday when twenty-two of his neighbors came in and put a fine new roof on his house. Ho had purchased the material and was getting ready to put the roof on with the help of a neighbor, but owing to an accident which in jured his shoulder earlier In the summer, it was very hard for him to use a hammer. The neighbor men and their good wives went early Sunday morning with well filled baskets for a bounteous dinner and by noon had the houso covered. days with Mrs. Smith's parents near Talent and picked tomatoes. Mr. Ayers has 20 acres of tomntoes. Mr. and Mrs. Harry Powell who bought the Hamlin place and moved here lar.t May are a great asset to our community. They milk cows and take the milk to the "Eagle Point Cheese Factory and are also great workers in the Sunday school and church. , Mr. Powell preaches In the morning and Mr. Stille of Shady Cove prfaches in the evening, making it possible for every one who will and can to hear two sermons on Sundays. Beginning on Oct. 20. Mr. Powell will begin a series of evangelistic meetings at the Reese Creek school house. All are welcome. Mr. and Mrs. Dale Smith went Wednesday to help Mr. and Mrs. Dell Morrison of Sams Valley cut turkey wings. They have 800 fine turkeys. There is a fine lot ot turkeys In this community also. Mr. and Mrs. W. E. Hammcll are the largest turkey raisers here. They have over three thousand flno birds. Autoist Acquitted In Fist Fight Death PORTLAND, Ore.; Oct. 1. ( AP) Raymond Wilkes, 27, stood acquitted today by a circuit court Jury of second-degree murder for the flat fight killing of Rutherford Ward, 47, on May 18. Wilkes contended that Ward struck the first blow In an argument fol lowing their minor automobile col lision. Tho verdict was returned last night. Oregon Weather. I Fair cost and cloudy west psrtlon tonight and Wednesday; fogs on coast; little change in temperature; moderate changeable, mostly north erly, winds off the coast. LOOK AT THESE FEATURES Humidified Warm Air No Watching Nec essary Real Fuel Economy Steel Burner Constant Level Valve 47,098 CANS POT UP BY RELIEF CANNERY . IN MEDFORD ARMORY A total of 47.098 cans of produce was prepared for 242 families, repre senting 1,188 persons who have been on relief, at the Medford armory cen ter during the two months' period from July 28 to September 28, it was announced today. At the Ashland cannery 23.063 cans were prepared for 106 families, rep resenting 533 persons. The produce was canned at a cost of D', cents a can of two and a half pounds, it was stated, this cost embracing every Item of expense, Including the produce. These two canneries are operated by the Jackson county relief com mittee, the families utilizing the services, growing their own produce In subsistence gardcirs. The Oregon state relief committee supplies the materials and labor and the county court furnishes the equipment. The produce and number of cans prepared at tho Medford armory cen ter follows: Apples. 68; aprlcats, 272; blackber ries, 787; grapes, 23; tomnto Juice, 3.470; tomatoes, 10.059; huckleber ries. 41; poaches, 6.4.'i4; pears, 8.381; plums, 1.075; prunes 4.062; rhubarb, 67; raspberries. 28; strawberries. 32; rots. 411; corn. 2,670 spinach, 32; string beans, 10.045; beets, 800; car meat, 27, and soup, 718. Special Convocation of Cra ter Lake Chapter No. 33. R. A. M., Tuesday, Oct. 1, at 7:30 p. m. work in M. M. degree. Visitors Invited. O. O. HORNER, H. P. GEO. ALDBN, Secy. 4 Daggera shaped from reindeer ant lers occur among the earliest relics of man. KINDERGARTEN West Main Eve Benson Dancing Studio Froebel System Occupations Rhythm POPULAR RATES. PHONE 1111 Vented Feed Lines Automatic Draft Regulator Concealed Fuel Tank Visible Flame Free Air Circulation "Temperate" Vet Dies Suddenly At Age Of 101 Years SANTA BARBARA. Calif., Oct. 1. ( AP) Capt. Arnold Miller, 101-year old soldier of fortune who boasted that he never drank "more than one quart of whiskey a day, nor smoked more than two cigars." died unexpectedly today at his home here. Capt. Miller, who celebrated hia 101st birthday a month ago, seemed to be In good health. On Sept. 1, to mark his natal day, h went Hon hunting In the Ventura mountains, but failed to shoot me of the big animals. O. 5. C. Freshmen Slow To Pledge CORVALL1S, Ore.. Oct. 1. (AP) The freshmen at Oregon State Col lege this fall are taking their tlm about fraternity pledging. At the first announcement yester day only 229 were wearing pledge pins, compared with 267 a year ago when the Incoming class was smaller. Pledging may continue throughout the lerm. Schilling' Baking Powder makes fluffier biscuils. The Cream Tartar does ih No Payment Due Until November Installation Will Be Made At Once 1 INC. 229 EAST MAIN PHONE 497
