The Evening herald., May 22, 1925, Page 8, Image 8

IAGfc EIGHT
' EVENTN'O IISRAT.n, Kl.AMATH rAtM'OtiEflOS
FRIDAY, MAY gS,10g5
I iff Oldjrjends
yjr and hew
' . ' utter contentment
v ? ' feZ magic oi Radio the newi
JS&J ' ' restiul "kI
- Vy' fortyyear.-- .
A GOLDEN WEST
' . COFFEE
Orm
-. ' mi Grim Japm . . ",
' 1 , 1 ". a- ' " '
V lIV Coprrilbt ClMItt DfTtn " ' r
GRADUATION
A'
PHOTOGRAPHS
See this Year's Special
K. H. S. STAFF PHOTOGRAPHERS;
V, i - V '
QUALITY v -
PHOTOGRAPHS
PICTURE
: : FRAMES
Phone 39
Hhotoqnapnic
in
;' ENLARGING AND TINTING .
:; ';r Opposite Court House 327. Main Street , . 1
fiPot Roast of Beef, per lb. .....
. .
t.;2 lbs. Shoulder Steak ......
Sanitary Market
Specials for Saturday
i' Boil Beef,; per lb.
vfjjCobd Veal Roast, per lb. i......
libs. Veal Steaks'...- ....
Veal Stew, per lb. '.
Good Lean Pork Roast, per lb.
i Legs of Spring Lamb, per lb.....
..... 18c
35c
12J2C
18c
35c
12V2C
..... 25c
35c
" Broilers Fresh Fryers Good Fat Hens
Sanitary Market
.:: . Choice ' Meats ; '
' ! . . Special Attention to Order Trade
' 7th and Main r Phone 22
vttmtttmtttmttmtt'HmmtmtftttttrWHi
Disabled War ; :
Veteran Wins
Legal Battle
A signal victory tor disabled war
veterans throughout tho nation Is
acclaimed in the wire received Wed
nesday by Attorney, I.oy Molumby
from Solicitor General Beck an
nouncing tlin dismissal, by the su-
premo court Ot tha United States, ot
tho government's appeal from the
Insurance and compensation awards
given H. MeUovern, nearly two years
ago, by District Judge Oeorgo M.
nourquln.' suys tho Butte Miner.
.The; dismissal, according to Mr.
Molumby and Charles Davidson, who
fought the case, establishes tho un
qualified right ot disabled men to
Jury trials In suing tho government
under!, tho war risk insuranco act, a
privilegd which In more than 200
previous litigations has been deniod.
Tho supremo court verdict nlBO
carries with It a ilnal award of J9.-
000 in cash and 115? a month tor
tbo rest of Mr. McGovcrn's llfo.
,'... Jury Trial Denied
Tha case was tried here Juno 29,
1923. A jury trial was asked and
denied, whereupon tho plaintiff
went . to trial without waiving Its
claim to a jury bearing. . .
At' the conclusion of the case
Judge Bourquln awarded McOovorn
permanent and total disability ana
$100 a month compensation from
the date of discharge and 110.000
Insurance, to be paid at the presrib
ed rate of $157 a month. '
The government appealed to the
circuit court ot appeals, and about
the same timo, Mr. Molumby charg
ed, the director ot the veterans' bur
eau cut ' McOovern's compensation
11UUI f UV w flu, u
Tho circuit court ot appeals up
held Judge Bourquln, and tho case
was appealed to tho supremo court.
The second reversal Buttered by the
veterans' bureau, Mr. Molumby stat-'
ed, resulted' la another arbitrary re:
ductlon, from $40 to $S,'ln the com
pensation award to McGdvcm. i
McGovern was totally disabled as
a result ot an explosion In tho boil
er room of a government war ves
sel in the summer of 1913. After
four months In the hospital, he was
discharged, .before the armistice, on
a surgeon's certificate of disability.
Before he enlisted hewas employed
as a mining engineer lie made his
home in Kalispell and graduated
from . the .Oregon agricultural col
lege, where he won fame as a foot
ball player and athlete1.
Lack Jurisdiction
In . dismissing the 1 government's
aopeal, the supreme conrt .held that
it vwaa without jurisdiction to re
verse the district court, for the rea
son that the government had waiv
ed its right to a jury trial; thus -proclaiming
.that the : case was ono
which might properly bo. tried by
Jury. ' . ..
, The Case Involves a fine legal dis
tinction, brought out by Mr. Molum
by and Mri Davidson In their briefs,
to the supreme court.
In the first place, the government
cannot be sued ' except where It
agrees tb bo sued. There aro a
total of 25. Instances In which', the
government,' by act ot congress, con
sents to being sued. Slxtecnj ot
these are incorporated in what' Is
known as the Tucker act. Under
this act, a litigant Is specifically de
nied jury trial1, and most acts of
congress consenting to tho govern'
mcnt being sued state that action
may be filed ' under provisions of
the Tucker act.
The war jHsk insurance act makes
no mention of the Tucker act, mere
ly stating that a policy holder or a
man disabled In service may bring
suit' against the government. ',
Every United States district court
ruling to . date has held that the
right of a disabled man to sue was
limited by Implied provisions of the
Tucker act, and attempts to secure
a Jury trial have all been denied.
y Another V point of, federal law
wnicn tigurea in tno Mcuovern case
was tho principle that when liti
gants agree to waive trial by jury.
no higher court can reverse the dis
trict Judge, It being presumed that
they agreed to make him the final
referee and that he acted wisely and
In accordance, with the law, which
he is qualified' tp interpret. ;,
':'!. fi.tri. i,nJ..i f....f
Thus when the government sought
to 'appeal from the comnensatlon
award. of Jdge Bourquln, attorneys
for . McGovern objected orr. the
gtounds that the right to trial by
jury never existed and hence the
above rule did not apply. . So the
fate of (he appeal hinged on the
question: "Can disabled men de
mand a Jury trial under provisions
of the .war risk Insurance act?" Tho
supreme t court verdict was In the
affirmative. ' ,'t' ,
(fcfii.'riaf of disabled man or his
lliolrs to recover Insurance for total
dftahlllty ,pf death traceable to his
service, irr"esrlflctlvo of the'tact that
he hn -dropped hW Insurance befofif
dea'tE'd'otal disability, forms thc
contention 'M another-suft whlcl) fly
Graduation Window
IT
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It Pays to Shop at the Woman's . Store First
Sec a few of these
dresses in our window.
Prints Will Play
A Prominent Role
H-Ji
It's a pleasure to nunoimcv the showing of these tlrpsseH'
for the first time, Direct, from fashion's center each
depicting this summer's best styles.
Frocks shown are of silk ..
crepe de chine, silk broad
cloth and flat crepe.
One must be in prints at least part of the day to do
justice to fashion's whim, Alt good sizes and various
color combinationsclever trimmings, ,
12.50 16.75
(New) Printed Tune
It's Summer's Keynote
Huge floral designs, or it may be
woe dojls.or, geometrical creations
that you may. select from these
brand new all-over chiffon, georget
te and. crepe de chine printed silks.
Their pronjinencc this season needs
no: further introduction. 40 inches
": ' ' ' t .-
wide in beautiful .colors. 1
' Priced very reasonable '
. - r
j " - : .
Gloves With
Pretty Cuff a
Such a variety if novel cuffs! Piped
with contrasting color, embroidered,
shirred, frilled all adorable, all very
chic. The colors too are facinating,
. 1.50 to 2.25
Mothers Attention!
Closing Out
Every hard sole shoe in our entire
stock including the famous "Little
Chick Shoes" is included in this close
out sale. For infants and children,
sizes to S.
20 Off
.1-2 3-4 7-8
Sox for infants and Children , ,
Mothers will absolutely find here the largest var
iety of styles and qualities in Klamath Falls. For
infant's, misses and children up to 14. This is short
sox year and thcScason now. '.;;
59c 65c i 75c 90c $1
I
' Hand Emb. Handkerchiefs
"Mountain Home"
, An excellent quality of pure
white linen. Hem stitched borders
and a host of designs. A 50e quality
35c ea., 3 for 1
Printed Sifk
and Cotton . Crepe de Chine
All large'' cities report this fabric to
be one -of the biggest sellers for the
' season. 'Beautiful prints with grey
and tan back, also several in the popu
lar ronian stripe colorings.
Priced at 1.25
Shadow Proof
Costume Slips
t
They arc the type
' prcferj-cd by. well
(' dressed .women.
Made of fine rayon
". silk and conform to
the figure.," Every
' wardrobe needs
1 one, ( six different
; shades. , .
$4.50
Outing Clothes '
' For Vacation Days
and Vacation Ways
Our store is brimful of apparel radiat
ing summer and vacation joys. Apparel
for. hiking, motoring, fishing, golf and
others to make up the summer's ward
robe. Guaranteed tweed knickers, patent
fasteners, well made, fit right, all
sizes at $4.85
Children's Khaki breeches 1.00
Women's Khaki breeches . . . . i , . , 2.50
Children's Khaki blouses 1.25
Women's Khaki blouses, extra long
and large sizes included at . 2.00
Women's sports hose . . . i . 85c to 1.75
TRUTH IN ADVERTISING SSol
X
i
Molumby Is " pressing for John II.
Tomllnson. The case will probably
bei heard wltKln the neit fow
months. '., ' . ...
IThe plaintiff ijn this case .has
eral relatives living In Klamath
Fajlls and Is well knWn tb many of
thf ahimnl of,, the (O. . C. The
news of his victory will, be pleasing
nbl orily to them; but lo everyone
Interested In seeing Justice done to
rilfjabled veterans. As a Vosult of the
vidtory gained . by Mc6oern It will
be' possible for any disabled veteran
who feels that h bus nodbeen JiihU
ly( dealt'.! with by tho goVflnment to
'take his case Into court api secure
jur'y trial. It will hnfo a ton
den cyMoisprb "(lllbrthe Irroganco
and, Inc'pmpeteircTr ot: 'thy fetirtratrt'
c r,-)ft XrPWi shhrn , W, 6ft yg . d one
nothing but try and prevent the dis
abled soldiers from socttrlng their
Just dues from tho government.
PPITOR). ;
4 ; '"'""' "".. "
COURTS .
r : '
Frank C. Bramwell, Supt. to An
gelo Dovorl, M. and U, -description
in block 33, Original town, Con
sideration $600. '
C. It. DeLup, iu ux to K. A. Dun
ham, lot 7, block 4 4. First Addition.
. 'v.". : Ihwl ..;
Kd 8touRli,ot ux to William Car
leton Wells,' jono 'aero of land In
Sec. 2, T. 39, It. 9. "': i
,..!, A, pavilion to Marguerite J.
fVMrMkWri.of -tot l In. bloQk
;3nr First ' Addition, '--.'?' V-'i.
BIRTHS
HORN May 1, 1936, to Mr, and
Mrs. J. "W. Stevenson, Alalia, Oregon
a son. ,,.' -';
BOrtN May 18, 10ZS, lo Mr. and
Mrs. J. M. Kotera ot IMnlln, Ore.,
a daughtor, Partrlcla Anne.
Dr, F. M. Tfout has boon 'com
missioned by the State Hoard of
Health registrar of vital statistics
for the district Including Malln,
Merrill, V southeast , 'Midland and
southern roo Vallny suctions, All
certificates of doaths and, fih'ths,
as woll as all other data pertaining
to vital statistics In tho district
montlonod should be sent to Dr.
New Dance Hall Will
Be Built on ,;S. Sixth-
Annotincnment was 'hlado Inst
night by W. II. Martin, former mer
chant of Ccntralia, Washington, of
tho construction of a new danco hall
on south Sixth street to cost ap
proximately J3000 and to bo In op
eration by July 4. The building,
which will bo 60x130 foot will bo
located ndjnoont to tho Altnmont
camp grounds. It will bo used as an
auditorium, ,
I'AHMKIIH KlKOT UCADUIt
. COHVALtJtS, - May 33. Horbtirt
Egbert, of Tho Dalles, was ro-oloct-ed
president of tho Origon farmurs
educational and co-opqvntlvo union
at the closo ot the annual convontlou
hern Into yoslordny, jf j
ie '
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