Image provided by: University of Oregon Libraries; Eugene, OR
About Herald and news. (Klamath Falls, Or.) 1942-current | View Entire Issue (March 31, 1963)
Revisers Find Basic Provisions Good In Oregon's Bill OfRiahts "A NEW COXSTITl'TION FOR OHKOOX" i i . ,,,. .: Kvrnu m a w. penally. nrj irimra amm me revised lii ink, mission. The artid P wrl,.nv m. , ," fT"'; ., .. , ... .,,., jiroirssor oi Die rev 01 ronsmuiional law at (he ij. that rightly belong elsewhere in II CoiHtitutiim. Thus lhe ri.-h and "liquor bv the appear ludicrously out of: vised Constitution. Tl, Y- . . vrrsllv of Oreson .nrf . m.kL .ai He vis ion of the Commission.) j-ommiss.on did not lake aav When we speak of (fce ,on 'f'"' "S f 'T001 Suarameed; stitutiona. gutees oLri ".""'1 ul freedom ituw f ... .-;-.. ' ' CQflMttulKMl, t-..-..j ....... ""-lea Mime nut now nrnviAvf for I'niled States Conslitut some nut now provided for. "Hue Process" Procedure Or SutistaaceT One new provision in the Biil of Rights is among the most controversial in the revised Con stitution. It is referred to as the "due process" clause. "Due process" is traditional language in the I'.S. Constitution, as old as tile Fifth Amendment. The U.S. Supreme court has in terpreted it to mean primarily "fair .procedure." 8ut for a pe riod of years eafiy in this cen tury, the court sometimes also (ait ihe i.rA,A 1 : , ...-,( . -.-.. j Bill of Rights about which stu- in 3 1 'mrm ,,ne orall1 , -1- . .T . dents are laiiohi in ..i v.... ' u oi sections, '- Kim wt people recall thai this federal Kill of Rights was added to the U.S. Constitution in order to iim it the powers of the new fed eral government, not the state jjovernments. Thus the First Amendment begins: "Congress shall make no law . . . abridg ing the freedom of speech . . ." Until the adoption of the Four teenth Amendment, after the Civ il War, reliance against the pow ers of slate and local government over individual rights had to be placed on the bills of rights in state constitutions, Today the U.S. Supreme Court has guaranteed some basic rights such as freedom of speech and religion, and from unreasonable searches and seizures also against state action, by finding them included in the "liberty" protected by the Fourteenth Amendment. But many others are still guaranteed only by the state, not the federal. Bill of Rights. Oregon's Bill of Rights, adopt ed with the Constitution of 1859, antedates the Fourteenth Amend ment and its subsequent interpre tations. Although some of its lan guage is awkward or archaic, its basic .provisions are good. In soma details it goes beyond the federal guarantees, but in others it falls short of them. And over the years some mailers have been placed in the Bill of Rights) other i . . some provisions to ls rnnsioereo unreasonable. Par- parts of the Constitution. Right To Counsel A significant change is that the traditional guaranlees in crimin al trials have been expressly ex tended to "any offense punish able by loss of liberie." This means that they will apply equal ly to ordinance violations tried ui municipal courts, wnscn are not now considered "crimes," al though the sentence may be the same term in the same jail as is pronounced for a misdemeanor in a stale court. The most important right so extended is the right to counsel. The revised Constitution guaran tees the right to one's own coun sel in al! proceedings tnot only court trials), and the right to counsel appointed at public ex pense for indigent defendants faced with a possible toss of lib erty. The Commission believed that anything less than this pro vides one kind of justice for those who can afford their own lawyers, and another kind for the poor. Yet justice at the level of the city and justice courts is the point at which most individuals have any direct experience wilh our legal system. Another new provision in the re used Constitution strengthens the guarantee against double jeopar dy and multiple trials of a de fendant for the same act. Compassion, Kindness Needed For Old Folks By AXX LANDERS Dear Ann Landers: My hus band's father is nearly 70. We moved into his rather large home three years ago: when my molh er-in-law died. Some time ago he suffered a I stroke. His re- jcovcry has been I very good and he now has the ' use of all his faculties. The only thing which is troublesome is that his right side is partially paralyzed and it is difficult for him to eat prop erly. He spills food on the table cloth, on himself, and sometimes on the floor. Our children are 7, 9, and 10 and we are trying to teach them good tabic manners. When they see their grandfather slopping ail over, it's a problem to make them toe the mark. 1 have suggested that ue feed Grandpa in his room. My bus hand won't hear of it. Mealtime should be a pleasant family affair and it can't be pleasant with tlie old man at the table. 1 hope you will agree with me because my husband and 1 have been arguing about it for weeks and 1 need help. BATTLE FATIGUE Dear Battle: Grandpa should mil be isolated from the family. Jl would be crue! to (red him in his room. More iniKirtiint than clean Hahleeloth and mrlkulous man ners is compassion and under standing for people who arc (ltd and sick. Kxnlain to your chil dren why grandpa spills things. Kncfluriige them to help him and to he kind and ronsidcrate. This experirnre rmild be an Important lesson for your children and help them to he better hu man beings. Dear Ann Landers: Why is it cause you live next door to a family yon know their every move and arc perfectly willing to act as messenger boy, check room attendant, or anything they want. It happened again today. A woman banged on my neighbor's door for 10 minutes. It sounded like a herd of elephants. Then she came over and handed me a package. She didn't ask me, she told me to give the package to mv neiglmor. Delivery boys leave plants, gro ceries, fertilizer, whatever they want to underload so they won't have to make another trip. Please print this letter and edu cate the public. Just because a family happens to live next door doesn't mean they are bosom bud dies or even nodding acquaint-ances.-NOT CHUMMY Dear Not Chummy: Some neigh bors are happy to help owt even if they're not bosom buddies. I'd hate to live next Yor to you. sister, but if we should wind up neighbors I'd be happy to take: care of your parkagrs. Dear Ann Landers: Several days ago the daughter of a close friend eloped. F.veryone was very surprised When the girl and her husband returned from their elopement (he parents of the girl gave a recep tion or the couple. We were in vited to the reception. Now the big question: Do we owe the couple a wedding gift? I've heard that unless a person is invifed to the wedding, there is no need to send a giit. True or ialsc?-P!E HACK Dear Pie Kacp; You don't "owe" the couple anything. A gift should reflert your feelings for the people. Confidential to Between the Devil and the Derp Blue Sea: Take the sea. Mister. The devil will prove too expensive emo- -. ,ji . t vT5 I JBERM-It AVIi XEWS, KUmatis f ails, . WHtTEHORKE, Yuiwn UPi' (widowed mother. fit tuxstfcer iusA ftsa to A team oi investigators from lite PWps' remsanion oss the jfi-jVuSwa Srant fe'ts Sisme at ftea&er- Canatiian Department f Trani-iair!j flight, Brookiyn modei Hei-i pen was scneouieo u liy into jntjen Klaiwn, 2t, as Sows ta Hair- V i i X Hospital Fund Auction Sale Scheduled April 3 ticulaily where social or econom ic laws such as minimum-wage or utility rate regulations) were involved, this involved the courts deeply in contemporary contro versies. Tlie Constitutional Revision Commission first voted to place in the Oregon Bill of Rights a guarantee of procedural fairness, such as that applied by the Su preme Court in federal law, by adding this clause: "No person may be deprived of any right or privilege by any unlawful or unfair procedure . , ." This would permit Oregon courts to enforce judicial stand ards of fairness above the mini mum which the Fourteenth Amendment applies fo all slates, Oregon no more than .Mississippi. Later, however, a majority oi the Commission also added to the same section what some of the proponents have called a "sub stantive" due process clause. The actual force of this addition would depend on future judicial interpretation. Some of its spon-: sors believed that il would per mit Oregon courts to strike down regulations that they deem unrea sonable in substance, even though the U.S. Supreme Court wauid not so hold under le Fourteenth Amendment. The dissenters on the Commission considered this a vague, dangerous, and unwarrant ed extension of the power of: judges over lhe policies of elect ed slate and local authorities. Another addition will require that compensation be paid when private property is "damaged" w hen it is "taken" by eminent do maine, as at present. In summarv. the revised Con-i stitution strengthens Oregon's Bill) SALEM UP1 Junie Dodd, 8 of Rights in the light of problems Halsey, died at a Saiem hospital presently recognized under mod ern conditions and judicial expe rience with existing clauses, it would extend to Oregon's citi zens as w ide a measure of rights and liberties as any constitution in the nation. (S'cxt: Local government, tax es and public control. 1 lii Sunday, Man Si, 555 PACE S-A Team Slates investigation Of Wilderness Piane Crash : "'ileiea's aar s? west's gsvsg aa ami seems is he Gpttraisiic." Kia&en said. I snS be !ta fear as Jobs as is sfrfsssry. Sin. FSorei, had -seea fer feajfcand sax Jaw, rati vtik ;r(he British Coiumfeja wiioYr Thursday ta see if speciai-: iness Friday to make a report ou jju coufcj saw'liw froslfcitten tees: ittie -fa-day ordeal t two Amert-ipu fa? rjgfy , y - v - j wvatiwr permuting, tne two fcniw Arthur, and Krai Pan accident investigators ii! be e.jjijSi2. who iiiKBiiijeri jyimsrif as. him in wsvavf for fivj mir,wtrc K-ompanied. by a piiot. a guidc.ia Fairbanks xeolosist-confractor.ilseiore, alkinj to newsmen. veteran iin jrapper ana a L'Pi vorrrsnnriri. They planned: to fly hv light plane to Wott-xt Laice and tln transfer to a chartered feeSicopler for tbr ffighl to iiip rrasl) scene near Avrophuse Lak just suuih f tlie Yufom border. Y!ie two curvtvurf of lie grim wdeaf were under treatment at hospitals in ttiHleiwse and Fair hanks, Alaska. Tlie pilot, Ralnli FSnres. -t!. jSaa Bruno. Calif., was visited By his nife Thursday night at a nos pitai in IVhiirhnyse. Slie arvfii Thursday irom lier Calihiraia Iwmc, where she left tltcir sis; Hiidren bciiiiKi in tiie care of tier CAMP FIRE PAGES Four Camp Fire Giris had tn especially memorable lima when the Junior Hi Camp Fire Gird traveled to Salem (or a full-day of acrivitiet on March (8, Serving as honorary pagei oi ihe siaie leqislatura war, ham faff, Judy Taggarf, Sydney Kennedy, Sandra Pallias, and Tsena Fradritiisen. Arrangamenis wars mailt by Senor and Mrs. Harry Bolvin. Spring Pruning Fcatt d Shade Tt Baker's Nursery f-7 ':' Cm jtM fi .1 i'm KIRK Our Daddy Soys., Prefect Your Home osfc obout Greo - West Mort--' goge Concetfatt&n Ins. JM CRISMON First National Bank B5Ja, B; 3-545 B; 4-18 Great-Wost LIfd . Q-m PENNEY'S" ALWAYS FIRST QUALITY Items for lhe coming public auction sponsored by the Klam ath Coimly Medical Society Wom en's Auxiliary are coming in rap idly. The sale svili be held Aprs! 3 in (lie new armory on Slsasfa Way starting at 7:30 p.m. John Argcl singer uiii cry the sale. A baked food sale will start at i p.m. and will run through the hours of the auction. A preview of items may !e made from 1 to 6 p.m. the day of the sale. Crash Victim Dies Of Hurts .Mi proceeds will p 1 the In tercommunity Hospital Fund. Among the many items to he ofiered to the highest bidder will lie a DeSoto Hardtop fuur donr sedan, aiit&malic Iransmis sinn, heater and radio; four new svlsitc wall Armstrong tires, any sine: a S K 12 chenille rug; a used large tiller; Welsh pony, broken for experienced elder chil dren; hand - knit men's ski ssveater; heaver cost and a bi cycle. The public is inviied in aitend. that some people Hunk just br-jfionally as well as financially. "Eliza and the Lumberjack" APRIL 4th & 5th, 8:30 pm. 0.TJ. LITTLE THEATRE INTERCOMMUNITY HOSPITAL BENEFIT Tickets - Reserved Section: $6.00 - $5.00 - $4.00 - $3.00 Unreserved Balcony: $2.00 - $1.50 MAKE YOUR RESERVATIONS NOW!!! Chamber of Commerce TU 4-5J93 John Sondmeyer TU 4-BB22 Merrill: Phyllu Rankin 793-5346 Matin: Virginia Ellen Blohm 723-2664 Chiloquin: Com Rogers 783-2458 Kingjley Field: Judy Taylor TU 2-4411. xf. 227 "'ii'lii tlf I 'nTiii tt -f ,.- ...-....J 8TH i MA! VAiVt :30 70 5;30 fSlBAY TtU v 1 rrr-JI Awkp 1 of curling, which was invented i I , ' " ;VJ A f U f'M V i' A V ' Scotland in lhe lih century, was I J " .' ' J ' , "J X VT 1 iiitaKiuced to lhe United States in ' ' ' ' H - N t il ' i1 S t X S today of injuries suffered m an la!7 j B ' ' f : ' ' ', ! ' ' Av v . automobile accident south of Ai.i J . t a f , ' L 4 i 4, i! i, ' . IV ; fa , 4. m "y- I FOR SALE U wl ' T " i U" I State police said the girl was- FOR JALfc f A U , , if ' x ' Jf?s' 7 1 v 8 ' V f ;xtraxs! farm tractors . ; : A l J i I1 ; ! F 4y I trotk collided al the intersection j PfcOT.,iBSI; t ' w M I I I V ' ? ' t-- I of Highway 33E and the Lebanon T tii .j 1 i Mb. f i. C ;. I ? . 9 t i I r Wt Corvallis Highway. il il i X , i : li f PENNEY S v r. S f (tT- YT I I Pjj- "J ' I 1 lilfllfcm il l-'H'F 4mWh eryrhiBg-s coming tip I I mFmWMk frlmmmi) easter m h3I4-K fashions I PLAIDS in sport suits v ' 1C M 'I Whot's his best color? We haye all l J XN H. lV . the nsw spring shadings' Slues, 95 " -1 I Jj CfKk V ? jfr I fans, greys and olives . . . can- h 4 f :ff V VA frost rayon-acetate slacks wash . f 1 5 i ;-. r ' A jeW I ecsily by hand, saves or, cleaning ,f i I -XA 8 omy. y,' - a i v:"-' y - v fU.nSnir 8 I Toddler boys biaier suits fe ; V I All-wool blozer. self-belt confrosf I ' I StSfc- f P a n front s acks team w th UJ&: f Boys white dress shirts I I 198 H r! his new jacket! Latest styles, long est service, Acrican Acrylic, Rayon and acetate slacks. Machine wash able. Toddler Soys' Sires Jr. boyt' liiei 4-8 I00nc combed cotton long and short sleeve models . . . with pearlized buttons' Sires 4 to 20. CHARGE IT... it's easier to Pick, oslr to PJon, eaiUt to Poy! This ioilsr rooms wiif pick Eosftr Fo ihorh ior her iiiife gii) 1s wcot? We JiJte iheir cheery iloifery so much we've picked 'em for a wie ansJ sor)sjerfisl coSlectson? This is just a sampling , , , A. Bodice white harder print. Pet er Pan caffar. !00 Oacan PoiyesJer. Si2es 7-? 4 i$5 Sixes 3-x 595 . !Q0 Nylon dress with 00 face too. Attached sfio, Siies 7-54 S.?S Sizes 3-6x 4,?8 f IfiftO' T,- i,j;t i.uwyj) iviof). ivfun !?vM(,' pcnf. Peter Pan collar. Lace edged cutt. Sties 7-U 4. 500 fsiyion fiock dot with rty 5on Joce. Scoop neciu White iote tr sieeves. Stii curomsr- burwJ. Sties 7-H 4,95 Siies 3-6x -.5,95 . 500 Dacron fjatlste border print Peter Par caiiar. Lac edged cuff. Sizes 3-6x 5.95 CHARGE nw.it' ecster to Pickreo'sier to" PlonTeosiSr to Poyi
