Image provided by: University of Oregon Libraries; Eugene, OR
About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (July 11, 1963)
THURSDAY, JULY 11, 1963 MEDFOHD MAIL TRIBUNE, MEDFOHD, OREGON tes' Ms By WILLIAM J. t'ATOM -. bill to hall race restrictions in United Prcsi International Washington iL'PIi President Kennedy's request that Con gress outlaw racial discrimina tion in hotels, theaters, restau rants and stores raised a Con titutional question that - has concerned the U. S. Supreme Court for 150 years. The issue is simple: How much authority does the Fed eral government have in regu lating commerce and how much should be left under -State control? Answers from the Supreme Court have varied with the times-and the temper of the justices. But few legal author ities dispute that there has been a tremendous expansion of federal authority over the national economy in the past 25 years. That is one reason Justice department attorneys are so confident the high tribunal would uphold a federal ban if they can show how race dis crimination impedes the flow of goods across slate lines. The President used another Constitutional precept for his public facilities - the 14th Amendment. This forbids states from depriving any per son of equal protection of the laws. But it is doubtful wheth er it bars discrimination by a hotel or restaurant owner, for example. Yet the government feels it can demonstrate that such dis crimination can take place only with the help of a-state's police force, courts and other institutions that constitute stale action under the law. An 1883 Supremo Court de cision in civil rights cases, struck down a Federal law Dasscd in the stormy recon struction period that attempt ed to forbid segregation in hotels and restaurants via the 14th Amendment. This decision, which still it prevails, is one reason why the government's main reliance is placed on Congress power to regulate commerce "among the several slates" in the event a similar law is passed this year and ils Constitution ality is challenged. . Chief Justice John Mar shall, who played a major role in building the Federal-State framework through his de cisions in the early 19th cen tury, came out strongly for broad federal powers in a landmark ruling in 1820. The case involved a steam boat monopoly granted to Robert Fulton by the Stale of New York. Forbids Monopoly Fulton's competitors argued that the federal power to reg ulate interstate commerce should forbid New York from granting a monopoly in steam boat travel. Marshall ruled against Fui- Dssue Looms Again Dm Etaee Proble ton for another reason but his opinion is still cited today to justify sweeping federal au thority over commerce. That power, Marshall held, is "complete in itself, may be exercised to its utmost extent and acknowledges no limita tions other than are prescribed in the Constitution." And commerce, he said, in cludes "every species of com mercial intercourse" and cov ers every part of a journey across state borders, i After Marshall died, Chief Justice Roger B. Taney's court adopted a new doctrine that said the national government could regulate in cases where a uniform national rule was required. But in other cases tiie states could act. The federal government's power was whittled down fur ther by the court in a series of decisions following the Civil War. Sugar Trust Case Perhaps the most amazing of these rulings, from today's viewpoint, was the "sugar trust" decision in 1892 which said that firms engaged in pro ducing 95 per cent of the na tion's sugar supply wore not subject to the anti-trust laws. The court reasoned that the manufacture of sugar was pri marily a matter for state con trol since it only "indirectly" affected interstate commerce. The courft switched slight ly, however, to uphold the Mann Act, forbidding trans portation of prostitutes across state lines, and the Pure Food and Drug Act, aimed at bar ring interstate shipment of im pure or harmful products. Yet a few years later, the court knocked down federal laws to regulate child labor on grounds this was an intrusion on local authority. The doctrine adopted in the "sugar trust" case in the 1890s was used by the Supreme Court to scuttle major por tions of the Roosevelt New Deal program in the 1930s. The National Industrial Recov ery Act, the Bituminous Coal Act and the Agricultural Ad justment Act all were nulli fied. Uphold Wagner Act Then, in an about-face that followed former President Franklin D. Roosevelt's so called court-packing plan, the justices upheld the Wagner Act, the Federal Minimum Wage Law and the Social Se curity Act. By 1942, the justices even UDheld a law that placed lim-1 to do. whether for economic, its on wheat grown for on-the farm consumption although none of it was sold in inter state commerce. Feeding some wheat to livestock, the court said, could have an effect on the amount of wheat that would move across state lines. Robert G. McCloskey, Har vard professor who has writ ten a book about the court's role in American Life, says: "It was evident that Con gress could reach just about any commercial subject it might want to reach and could do to that subject just about humanitarian or other pur poses." McCloskey said that after the New Deal revolution "the Constitutional distinction be tween intrastate and interstate commerce was no longer a practical limit on federal power." Justice department attor neys agree that the President's proposed ban on discrimina tion in virtually all places open to the public is far-reaching. But they are sure that if Congress passes the bill, Su preme Court approval wouia anything it was likely to want be a "sure thing." J "v A 1 I i f V ? f t V - ' s 5-..- -V.. ....J ,. y . HOMELAND COSTUMES - Lissome Miss Universe conlest- anxs, Susan Prmi, icfv of England, and Gmce Cnhli.-r l.ilor of Scotland tlicplny costumes of their homelands, the "beef eater" and the "kilt" respectively, as they arrive in New York. Thcv arc headed for Miami Beach. Fla., and the ; beauty contest, which starts next week. (UPI) Junior Foreign Service Officer Tests Planned Congressman Robert B. Duncan, (D-Orc), said today the U.S. Slate Department has informed him that the dead line for filing applications for the test for Junior Foreign Service Officer is July 22. "The United States Foreign Service is an unusual and challenging career opportuni ty for young men and women interested in serving their country abroad and at home," Duncan said. "The Slate De partment is eager to obtain the best talent the Unllcd States can provide from all sections of the country." To be eligible to take the examination, a n applicant should be at least 21. but under 31 years old as of July 1, and have been a citizen of the United Stales for at least nine years. A person 20 years of ago is eligible to take the written examination if he has a barhclor's degree or has successfully completed his junior year in college as of July 1. Congressman Duncan point ed out that in addition to in- Typhoon Vendy Bypasses Guam Honolulu - WD - Typhoon Wendy, with winds of more than 100 miles an hour near the center, appeared toduy to have bypassed the island of Guam. The Philippines could calch the full brunt of the storm. The Honolulu Weather Bu reau said the typhoon center was about 90 miles south southwest of Guam early to day and was expected to be about 170 miles due west of the island early Friday. The weather bureau iid winds at the center were ex pected to increase as the ty phoon headed toward the Philippines. dlviduals with backgrounds in political science, history, gov ernment, and a broad educa tional background. Hie For eign Service seeks those who arc trained in such diverse specialties ns budget nnd fis cal work, management, per sonnel labor relations, law, hanking and finance, industry, foreign Hade, and other as pects ot economics and ad ministration. Applicants from Oregon's 4th District would be able to take the written examination in Portland, There are also oral and medical examina tions and a background inves tigation. Additional information and application forms can be ob tained from Congressman Rob ert B. Duncan, 125 Cannon House Olfice huilding. Wash Ington 25, DC. or from the Congressman's district repre sentative, Clif Ouolletle. room 312, 720 East 13th avenue, Eugene, Ore. II I DEL MONTE 1 FREE TO EVERYONE 1$ frl.lt O - n fill!? AM NEW WS&r PAYETTE VALLEY i f I I :wwh BHH m m IB yi-.'1 I I PI C i ; ioth week ippiesauce N-3o3Tins 1 it I ssritfGrSlS'.'S tf&m I b,go ounce r 4 II to S5.000 in CASH? ti'J M I P. R A D H H A HJT R9 EST I ill 1 mJ? m ur II H h a II II a Pf .... , & r r 3 11 . . i v I I II Silk li II D y H II II . UA family bize Packaae Mf ' ; j Absolutely no pur- I I iSNNv r' f vl I 1 ha,e required t. N kk' I KORY'S " "SASP"'' I M J B. COFFEE II RHODE'S BREAD fev lt-49e3lb-$1-45 X'c 3H3y 2 lbs. 97c 79c S LW . MEDFORD'S FINEST PRODUCE E vl I .... 6 Ounce Golden Goblet I I I p i ' i Delicious - No. 2-2 Tin c d.a.. II I WESTGATE 'OURS FRESHER BAKERY I : ANGEL FOOD CAKE gsu. (Glunp -;j ; g jfe LARGE Meoted Beauties f0 (0) J) m m ' pRilI MAIS Lot Blue Ribboii Malf Syrup be your choice at your grocer ': PLAIN CAKE DONUTS for 58c dozen 33 UNSLICED BREAD 19 AN ROLLS IN FOIL PAN only MEDFORD-Westgate Center MEDFORD-13th and Central ASHLAND-Gateway Shop. Center W ftetcrv Tht Right To Limit Prices Ettectivt thru Sunday, July 14 CABBAGES sya PEPPERS r 3 GARROTS !tx 3pks-2 Sweet-Juicy-Santa Rosa
