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