o
What Is The Law?
This column is prepared as a public service by the
College of Law, Willamette University, Salem, to
explain basic legal principles, not to provide legal
advice. The reader is cautioned not to apply these cases
1 his own problems without an attorney's advice, for
differing facts may change the outcome.
COURTS ABOUT 'INDE
CENT LITERATURE'
When can the courts pre
vent the sale of "offensive
literature?" This two-sided
question of reasonable con
trol vs. freedom of speech is
involved . in the following
cases.
Because he used the mails
to distribute "improper" pub
lications. Roth violated the
federal law prohibiting the
mailing of anything obscene,
lewd, lascivious or filthy. At
the same time, Albert broke
a California statute by keep
ing certain indecent publica
tions for direct sale and ad
vertising them. When both
men were convicted, they ap
pealed to the United States
Supreme Court, arguing that
their freedoms as guaranteed
by the First and Fourteenth
amendments had been viola
ted. ' Holding, however, that ob
scenity is not entitled to pro
tection as "free speech," the
Supreme Court, in 1957 af
firmed the convictions. Mr.
Justice Brennan, writing for
the Court, found "implicit in
the history of the. First
Amendment the rejection of
obscenity as utterly without
redeeming social importance."
He concluded that material
which has a tendency to in
cite lustful thoughts may be
suppressed without proof that
It will therefore cause anti
social condct.
Obscene materials, then,
are those in which "to the
average person, applying con
temporary community stand
ards, the dominant theme . . .
appeals to prurient interests."
The Court felt that they thus
defined obscenity clearly
enough to safeguard the con
stitutionally protected area
for discussion of sex. Though
imprecise, "obscene," "lewd,"
"lascivious," and "filthy"
were held to define sufficient
ly the conduct they make
criminal.
Recognizing the difficulty
in seDaratinff Dublications
which appeal to "prurient" in
terests from those which leg
itimately chronicle human ex
pression, the courts are con
stantly alert to prevent un
due censorship which would
violate the basic rights of
free speech. Thus when
Michigan law withheld a cer
tain book 'from the general
reading public on the basis
of its potentially bad influence
on minors, the Michigan Su
preme Court held the statute
unconsitututional. Restricting
the adult population to read
only what is fit for children
the court pointed out, "us to
burn the house to roast the
pig." Therefore, they con
eluded, the law was "legisla
tion not reaesonably restrict
ed to the evil with which it
is said to deal."
CENTRAL POINT
Scout Charter Presented
By DORIS HUGHES
Central Point A formal
presentation of the Boy Scout
charter for Troop 40 . was
made to the Central Point
Junior Chamber of Commerce
at the Jaycees meeting May 1.
Bob Church, member of the
executive committee of the
Big Pines district made the
presentation. Richard Traylor,
institutional repr esehtative
for the Jaycees, accepted the
charter. He also introduced
George Ray, Scoutmaster.
Committee members of
Troop 40 present for the oc
casion were A. D. Van Horn,
chairman; Dr. Bruce Turner,
tnd Robert Morris. The com
mittee members also received
their registration cards dur
ing the ceremonies.
Mt. Pitt Rebekah Lodge 167
ntt Wednesday at the Odd
Jtllows hall on Pine st. Three
3Atw members were initiated.
They ere Mrs. Loren Fleming,
W. Earl Obenschain and
Jlzt. Xoren Knight. "
After the brief .meeting in
aCentral Point, the members
wtnt to Gold Hill for Friend
(rfiip Night with the Rebekahs
i the Gold Hill lodges
final plans were -made for
Itlegates attending the Re
bekah Assembly at Corvallis,
Xay 18 to 23. Refreshments
li tre served.
The Mt. Pitt Rebekah lodge
IS? ig having a membership
contest. The two captains are
llrs. Norma Kime and Mrs.
Velma Kime. Norma Kime's
tetm is leading by four points.
The losing team will serve a
dinner to the winners.
The Community Bible
church, in honor of Mother's
day, presented corsages to
three mothers during the Sun
day morning service. Mothers
honored were . Mrs. A. B
Mead, the oldest mother pres
ent; Mrs. James Bresland,
mother of the youngest baby
present; and Mrs. Wayne Vin
cent having the most children
at the services.
Mrs. Alice Finknam was
honored Saturday night with
a party at her home. Present
for the occasion were Mr. and
Mrs. Arden Pinkham and fam
ily, Mr. and Mrs. Pee Pink-
ham and family, Mr. and Mrs.
Berk , Pinkham. and family,
Mr. and Mrs. John Pinkham
nd family and Mr. and Mrs.
Orth Miller and family.
Sgt. Adrain Van Horn Jr.
is home on a 10-day leave
from Ft. Ord, Calif. He is
visiting his wife and his par
ents, Mr. and Mrs. A. D. Van
Horn of Central Point.
Sgt. Lloyd E. Hughes left
for Ft. Ord, Calif., Monday
after a 30-day furlough. He
has been visiting at the homes
of his brothers, Charles
Hughes and Harold R. Hughes
in Central Point.
Mrs. D. R. Hendrickson,
who is in Sacred Heart hos
pital recovering from surgery,
is now able to have visitors.
A bridal shower was given
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Joint Defense
Set Against Reds
Washington OP The Unit
ed States and Canada Mon
day announced formal estab
lishment of a joint North
American Air Defense Com
mand for repelling any Soviet
aerial attack on North America.
The command will be main
tained for 10 .years unless the
two nations by mutual agree
ment decide to cut its life
short. -
Actually, the U.S. and Can
ada have been operating
NORAD on an interim basis
since last Aug. 1. Its head
quarters have been at Col
orado Springs, Colo., under
command of Gen. Earl E. Part
ridge of the U.S. Air Force.
The two nations exchanged
notes last Monday formally
setting up the command and
outlining principles to govern
its operation. The notes were
made public today.
The command's headquart
ers will remain at Colorado
Springs and Partridge will
continue as commander' in
chief.
Farmer License
Slip-Up Charged
Salem IIP) Legal provi
sions concerning farmer lic
ense plates have not been en
forced by the state motor ve
hicle department, an Oregon
Farm Bureau Federation rep
resentative charged before the
Highway Interim Committee
Monday. '
George Dewey, executive
secretary of the Farm Bureau,
said a survey conducted by
one of the county farm bu
reaus showed that none of the
farmers who had secured lic
enses for trucks this year was
required to fill out affidavit
forms as provided for by a
1957 law.
"The apparent disregard for
proper administration of this
statute by the motor vehicle
department has been such as
to not allow the provisions
of the "F" truck license
changes to go into effect,"
Dewey said.
Motor Vehicle D ir e c t o r
James F. Johnson said he
would have comment to make
later on Dewey's charges.
Dickens'. "A Christmas
Carol" was first published in
1844.
Two Democratic Governors Ask
For More Federal Aid To States
Miami Beach (IP) Two
Northern Democratic gover
nors asked the National Gov
ernors' conference today to
forget its program for re
claiming 'functions from the
federal government and to
press, instead, for more state
help from Washington.
The two were Govs. Orville
Freeman of Minnesota and
George M. Leader of Pennsyl
vania, who both cited the
business recession as grounds
for reshaping the program
launched by the governors a
French Generals
Wait in jubilation
Algiers (IP) The ruling ar
my generals of Algeria waited
Monday in triumphant mood,
convinced that Gen. Charles
de Gaulle would take over
leadership of the French na
tion. Jacques Soustelle, de
Gaulle's right-hand man, was
the focal point for massive
demonstrations which marked
the- most tempestuous week
end in modern Algerian his
tory. Under Soustelle's direction
he arrived from Paris on
Saturday the generals were
more firmly committed to
their stand against the' cen
tral government in Paris than
ever before. .
In a sharply worded resolu
tion to President Rene Coty
the Committee of Public Safe
ty of Gen. Jacques Massu de
nounced the "disastrous pol
icy" of Premier Pierre Pflim
lin. '
The revolutionary commit
tee lambasted the National
Assembly which gave Pflim
lin emergency powers to crush
the threat to the Fourth Re
public. . t
Soustelle and the generals
initiated a . deliberate cam
paign to display Franco-Moslem
solidarity in all major Al
gerian cities. ,
In Algiers Moslem women
removed their veils as a sym
bol of unity with the French.
L'Echo D' Alger, the city's
most ardent right-wing news
paper, reported Monday a sec
ond Gaullist deputy, Ray
mond Droone, had slipped out
of Paris and reached Algiers.
It said he probably would
place himself immediately at
disposition of the Committee
of Public Safety.
recently honoring Miss Kathy
Coe. It was held at the
home of Miss Coe's mother,
Mrs. Plez Chamberlain, of
Wilson rd. Cohostesses were
Miss Helen Coe and Miss Mel
ba, Tucker. Guests were the
Misses Pat Barber, Jenny
Spradling, Betty Jo Juveland,
Pat Greene, Laurel ; Setness,
Joan Skov, Jackie Gillaspie,
Kay Morris, Barbara Walters,
Sherrill Van Horn, Judi
Davis, Beverly Beck, Barbara
Beck, Mrs. Eva Beck, Mrs.
Katie Perkins, Mrs. Plez
Chamberlain and Miss Helen
Coe and Miss Melba Tucker.
Fishing Re-Opens
On Columbia
Portland (IP) The commer
cial fishing season on the Co
lumbia river reopened at 6
p.m. today, it was announced
today.
The reopening was an
nounced here shortly before
noon by the Oregon Fish Com
mission and the ' Washington
Department of Fisheries.
The season will remain
open until noon, May 27. The
usual week end closure from
Saturday noon until 6 p.m.
Sunday will hot be in effect
during that time, the an
nouncement said. '
The season had been closed
after a smaller than usual
number of Chinook passed ov
er Bonneville ' dam early in
the season.
Purpose of the'closure was
to allow at least 60,000 spawn
ing spring Chinooks to go
over Bonneville dam, assuring
a fair season in three years.
. The count at Bonneville
dam at midnight Sunday was
60,443, including jack salmon.
Grange News
Lake Creek Grange
HEC Chairman Nora Brad
shaw reported that she has
turned in her 364 coffee
bands toward an electric-maker.
The birthday of Murray
Bartling and Bessie Arenswas
honored at our last meeting; a
birthday cake and gift was
presented to each. Master Mer-
ton Bradshaw will not be able
to attend State Grange at Eu
gene next month. An alter
nate was not elected as a sub
stitute.
Pearl Bartling reported on
two interesting articles from
the Medford Mail Tribune;
one article was on the Gulf
Stream and the other article
on the high waves which
deluged our coast line.
Our sympathy is extended
to Ozie Burrell over the two
deaths which recently oc
curred in her family, one being
her brother-in-law and the
other her uncle. She has re
turned to her home after at
tending the funerals in Cali
fornia. Lecturer Betty Bradshaw
was called away because of
the death of her sister-in-law.
She and her daughter, Val, re
turned home last Saturday.
Next Grange meeting will
be June 13 at 8:30 p.m.
Ellyn Charley
Secretary
Sugar Market Quota
Gets Huge Increase
Washington (IPI The agri
culture department Monday
increased by 100,000 tons the
amount of sugar which may
be marketed in the United
States in 1958.
The new quota was fixed as
8,900,000 tons.
CEMETERY NOT POPULAR
London (IP) Walter Ham
mond has been a gravedigger
at the Walpole St. Andrew,
England cemetery since the
one-acre plat was opened 20
years ago, but nobody has
been buried there yet. "No
body wants to be first," Ham
mond complained.
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year ago at President Eisen
enhower's request.
This 50th annual gover
nors' conference opened Sun
day7 and will run through
Wednesday.
A report was promised to
day from Gov. Lane Dwinell
of New Hampshire, chairman
of the governor's committee
which worked with the Eisen
hower administration on a
program to shift some fed
eral functions to the states.
A cautious start on that
program was proposed in a
message from the President to
Congress last week. It called
for the states to take over
federal aid programs for vo
cation and pollution control
and 40 per cent of the federal
tax levy on local telephone
service.
Anti-Secrecy Bill
Takes First Step
Washington (IP) The
Senate Judiciary Committee
Monday approved an anti
secrecy bill upholding the
public's "right to know" over
the government's "right to say
no."
The bill, identical to one
already passed by the House,
would amend the 1789 Fed
eral Housekeeping statute
which authorizes department
heads to make regulations for
the custody, use and preser
vation of records.
Sen. Thomas C. Hennings
(D-Mo.), sponsor of the meas
ure, said some federal of
ficials ' had cited the statute
as authority for withholding
information from the public.
The proposed amendment
would stipulate that no such
authority exists.
MAIL TRIBUNE, Medford, Oregon, Tuesday, May 20," 1958 .3
Action Approved
On Bomb Pranksters
Washington OP) The sen
ate judiciary committee ap
proved a bill Monday to crack
down harder on cranks and
pranksters who start airline
"bomb scares."
The measure would impose
a $5,000 fine and a five-year
prison term as the maximum
penalty for knowingly giving
false information concerning
destruction of aircraft and
other vehicles. The present
penalty is $1,000 and one
year.
WHAT DO YOU COLLECT?
Washington OP) Wendell
B. Barnes, the Small Business
administrator, said a business
man wrote one of the govern
ment s larger agencies: "I un
derstand that you collect bus
iness statistics. Will you please
send me some."
The ' Danube River flows
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mm
.- IIIIIIMII
1
1 Mt Jf
DOWNTOWN MEDFORD
Go On Sale Tomorrow
9:30 A.M
MID-WEEK
AAONEY-SAV
Wednesday Thursday!
SAVE! BOYS' SWIM TRUNKS
Each
H98
Lots of patterns to choose from in fully lined boxer styles
with elastic waistlines. Ideal for swim or play. Stock up for
Sizes 1 0 to 18. Printed cottons.
summer now:
Sizes 4 to 8
PENNEY'S BOYS' SHOP
1.00
COLORFUL GANNON BEAGII TOWELS
36 by 68-inch $) 79
Size '
Large size perfect quality Cannon beach towels at a very
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You'll save!
PENNEY'S. STREET FLOOR
GIRLS' IMPORTED
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PENNEY'S MEZZANINE. FLOOR i
WHAT A BARGAIN!
14" PORTABLE BRAZIER
88
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PENNEY'S STREET FLOOR
MEN'S BETTER PAJAMAS
Very $1150
Special!
u
We can't duplicate this value! Originally made to sell for
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PENNEY'S STREET FLOOR
SAVE! SAMPLE JACKETS!
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PRICED AS MARKED
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PENNEY'S STREET FLOOR
SPECIAL! ASSORTED TOYS
Quality ERjc
Imports! each
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TOYS--PENNEY'S STREET FLOOR
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PENNEY'S THRIFTY GIRLS' SHOP MEZZANINE FLOOR
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OXO
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IT u
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BOYS' PLISSE PAJAMAS
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FLASH FOLD ALUMINUM
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f PENNEY'S STREET FLOOR