Herald and news. (Klamath Falls, Or.) 1942-current, March 31, 1963, Page 5, Image 5

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    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