Withholding
Tax Test
Case Slated
ALBANY il'PI' - A Lebanon
dentist. Dr. Harold D. Roberts.
37, said he would begin a test
case to determine whether he
should have to pay withholding
tax (or dental laboratory employ
es in his office.
Roberts was ordered to produce
his books for the department of
employment Thursday in concord
ance with a subpoena that had
been issued him.
The department was trying to
determine the amount of withhold
ing tax should be paid.
Roberts said the reason he has
not withheld taxes is "the per
sons working in the dental lab are
self-employed."
Dr. Don Eggerman, president of
the Southern Willamette District
Dental Society, said, "Dr. Roberts
is using this as a test case and
this organization has no sanction
concerning the case."
In circuit court Friday, Rob
erts paid a $150 fine after being
found guilty of contempt of court.
Prior to Roberts' sentencing, Mrs.
Carlotla Sorensen, assistant attor
ney general for the department of
employment, asked that Roberts
supply his books for 1960-61. She
said Roberts had a laboratory re
port which he had failed to re
port. Roberts said in court that he
had offered the payroll informa
tion to Gaylord Hibbs, the state
officer examining, and he had re
fused to take them.
The issue is whether the girl
Roberts is hiring is an independ
ent contractor.
The law is only two years old
and according to one Albany den
tist, it has never been tested in
Oregon.
State law requires that all em
ployers pay withholding taxes on
an employe.
Republicans
Rap Aid Plan
WASHINGTON (UPI Repub
licans in Congress are demand
ing a shake-up of the Alliance
for Progress aid program for
Latin America.
This became evident today in
publication of a blistering attack
against the administration's han
dling of the program in the GOP
Congressional Committee news
letter. The lead article entitled
"JFK's Alliance Needs New Look"
charged that the program was
headed toward failure "and could
well pull with it the economies'
and republican forms of govern
ment of many of the nations it
was supposed to help."
It said 'the need for immediate
and momentous change in alliance
concepts and policies is considered
by many to be vital to the free
survival of the bulk of the West
ern Hemisphere."
The weekly Republican publica
tion said a presidential study
group, headed by Gen. Lucius
Clay, has recommended that
the United States aid only those
countries which show some will
ingness to help themselves.
HERALD AND NEWS, Klamath Falls, Ore.
Monday, April 1. 1963
PAGE 3
' takeoff
TFX INNOVATIONS: V: "'tSs.
Variable shape wings. . " '.jyV -
First plane used by both Air Force and Navy. : At l : (
Carry crew of two and be heaviest fighter ever . Tr
built (Navy 30 tons, AF 35 tons). TV
Toke off from aircraft carrier deck or jungle - -
sod strip. J ( """K
Most expensive ($6 billion) single defense item tpm - ; t
in peacetime history. j" Newi-Grophc
NEW GENERATION FIGHTER Known now as the TFX (Tactical Fighter Experimental)
and eventually to be called the F-lll when it rolls oft the production line in 1965,
airplane shown in drawing above is unusual in a number of ways. Most outstanding
characteristic will be its ability to change the shape of its wings: extended for high lift
on take-off; partly retracted for cruising at moderate speed; and folded back like those
of a diving bird of prey for high-speed flight. That high speed will be 1,650 miles an
hour, both at high altitude and treetop level. The TFX, or F-lll, will be able to carry
nuclear bombs anywhere in the world in one day with mid-air refueling. The TFX be
came the center ef a controversy in Congress when Defense Department civilian chiefs
overruled decisions of the military in awarding the huge contract.
East German Commies Ban
Books On Crimes Of Stalin
Revised Constitution Preserves Tradition
Of Strong Local Government, Tax Controls
"A XKW CONSTITUTION
FOR OREGON"
(This Is the righth in a serin
of articles about Hit revised Con
stitution proposed by Ihe Oregon
Constitution Revision Commis
sion. The articles were written
by Hans A. I.inde, professor of
constitutional law at the I nker
sily of Oregon and a member of
the Commission.)
In public discussion of the re
vised Constitution, attention has
naturally focused on the major
branches of government described
in the. preceding columns. Pro
posals for change are news; deci
sions against change are not. Yet
familiar features continued from
the present Oregon Constitution
are among the most important in
the revised Constitution.
Oregon has a tradition of strong
local government, of voter control
over taxes, and of direct popular
legislation. All are preserved in
the revised Constitution.
rOPl'LAR CONTROL
The "Oregon Svstem" of t h e
initiative and referral of legisla
tion, which won Oregon national
recognition 60 years ago, is
changed only slightly in the re
vised Constitution. The number of
signatures needed on initiative
and referendum petitions is now
based on the votes cast in an elec-
Florida's interior experiences
more thunderstorms than any oth
er place in tile United States.
lion for Supreme Court justices.
With a change in judicial elec
tions, the vote for governor makes
a better and more stable base,
and the percentages of signatures
needed were adjusted for this new
base. To discourage unnecessary
future efforts to "freeze" in the
slimmed - down new constitution
pel projects that could be placed
in the statutes, initiative constitu
tional amendments will require a
somewhat higher number of sig
natures. Provisions (or the recall of
elected public officials are also
continued.
Fiscal needs are the greatest
problem facing all state and local
governments, and many people
believe that legislators should
squarely be given full responsi
bility for tax laws. Nevertheless,
the Constitutional Revision Com
mission decided to continue t h c
Oregon tradition unique in the
nation by which tax laws can
not be placed beyond the refer
endum power of the people. This
power places on Oregon voters a
great responsibility for self-restraint,
if the state is to avoid fis
cal chaos.
Likewise, the revised Constitu
tion retains the "six per cent lim
itation" on increases in local tax
ation without special approval by
the voters.
Home rule for cities and for
counties is continued from the
present Constitution.
A controversial issue w as the I
earmarking of gasoline and re
lated taxes for highway purposes,
another principle originated in
Oregon long ago. Earmarking of
revenues for special purposes is
generally undesirable, and the
Commission first voted to move it
to the statutes. But in the end
the highway tax provision w as re
instated in the revised Constitu
tion. Provisions (or state control over
beaches and water power, and for
people's utility districts, were re
tained. Thus, w hen it completed its task
the Commission felt able to report
that "the Revised Constitution
does not deprive any political,
economic or social group of any
right, privilege or possible ad
vantage which that group may
have under the existing Constitu
tion." STATUTORY MATERIAL
One reason for constitutional re
vision is the accumulation in the
present Constitution of scores of
sections and thousands of words
that do not properly belong in a
constitution but in statutory law.
In part this lias been necessary
localise of awkward limitations
in the old Constitution. For in
stance, each state bond issue
or veterans' housinc loans, for
college dormitories, for reforesta
tionhas had to be spelled out
in all its wordy details in a con
stitutional amendment. In part,
also. initiative constitutional
amendments have been used to
circumvent legislative responsibil
ityas. for instance, by putting
liquor-by the-drink into the Bill
of Rights.
In removing such material from
the present Constitution into the
Oregon Revised Statutes, the
Commission did not undertake to
pass on the wisdom or desirabilitv
of the policies involved. It accom
plished tills aspect of revision in
a novel and ingenious manner.
Article XIV of the revised Con
stitution is a compilation of pres
ent constitutional provisions that
are to he continued as statutes.
They include details of election
laws, legislative procedures; the
death penalty, liquor-by-the-glass
all without substantive change.
Upon adoption of the revised Con
stitution they will automatically
become statutes, without need of
re-enactment. When these former
constitutional sections have been
codified in t h e Oregon Revised
Statutes, Article XIV by its own
terms ceases to be a part of the
revised Constitution.
As a result, Uie revised Consti
tution has spared down the 22.000
words in the present 237 sections
to a trim 127 sections of 9.6-14
words perhaps the shortest
among the states. The revised
Constitution deals with fundamen
tals of government, and with the
protection of basic individual
rights and popular control over
authority.
(Next: Can Oregon adopt the
revised Constitution?)
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BERLIN (UPIi East German
Communists disclosed Saturday
they have banned Russian books
dealing with the crimes o( the
Stalin era.
The Communists said the books
have not been published in East
Germany and will not be pub
licized there.
They criticized East German!
writers who have demanded that
the anti-Stalin books be made
available and accused them o(
trying to disrupt the unity of the
party.
The censorship disclosure was
contained in a speech released
Saturday by Kurt Hager, East
German Communist party cultur
al boss. In a speech made March
25, to writers and artists, he de
manded strict conformity with So
viet Premier Nikita S. Khrush
chev's policy opposing modernist
tendencies in the arts.
Like Khrushchev, Hager at
tacked peaceful coexistence with
the West in the field of ideology.
But he went far beyond Khrush
chev in attacking the Russian
novels and poems that expose
crimes committed by Stalin.
He charged that some East
German writers and artists con-
Power Control
Bill Opposed
SALEM (UPll A bill which
would establish a state power
commission that could handle
wholesale sales of electrical en
ergy drew opposition Friday at a
meeting of the House Commerce
and Utilities Commission.
Rep. Elmer McClure, D Mil
waukie, principal sponsor of the
measure, said it would help the
state encourage industrial growth.
3 it John Y. Langins, Pacific
Power and Light Company, term
ed it "a poorly disguised attempt
to achieve the elimination of in
vestor owned utilities in Oregon."
The committee took no action.
Attempts to pass similar bills
through previous legislative ses
sions have failed.
tinually try to bring about dis
cussions of Stalin and ignore the
'great revolutionary traditions of
our party."
"Some demand that we publish
all Soviet books that deal with
the consequences of the personal
ity cult" Hager said.
He said the books would con
tinue to be banned because "the
enemy uses this literature for
wild anti-Communist agitation.
Youth Senafe Defeafs
Death Penalty Measure
SALEM UPH The Oregon
Youth Senate today defeated a
bill to abolish capital punishment
in Oregon.
The action came as the Kith
Y.M.C.A. Youth Legislature went
into House and Senate sessions
to consider bills that were passed
on by committees earlier in the
day.
Some 70 bills were introduced
as the two-day student legislature
opened Friday.
Both houses this morning
passed bills to release doctors,
nurses and ambulance attendants
from liability in administering
first aid, and to give lax exemp
tions to manufacturing plants un
til they start manufacturing.
The Senate passed bill to re
quire certification of marriage
counselors, to set up a committee
to decide whether therapeutic
abortions should be performed.
The Senate passed a bill to give
the state a uniform curfew of
9:30 on school nights and 10: 30 i
on neither nights.
It also passed a bill to require
reexamination for every third re
newal of a driver's license, and
for every renewal after age 50.
and rsm . Orrif
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Mil
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