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About The Klamath news. (Klamath Falls, Or.) 1923-1942 | View Entire Issue (April 16, 1941)
'April V 1941 THE NEWS AND THE HERALD. KLAMATH FALLS. OREGON PAGE SEVEN 0NTEMPT OF CIVIL COURT MADE WASHINGTON. April IB VP) Tha supreme court mini Mon day that person can be pun ished for civil contempt ol court only If tht acta aliened to have obstructed Jmtlce occurred with in the physical proximity of the tribunal. Thla ruling reveraed a famoua IBIS decision which upheld the conviction of a Toledo, O., news paper for criticizing court pro ceedings concerning street rail way affaire. Justice Douglas delivered the ..iciston In a comparatively wflnor caw. Chief Justice Hughea and Justices Stona and Roberts dissented Tha majority opinion reversed the contempt of court conviction of R. H. Nya and L. C. Mayers Of Lumberton, N. C , In connec tion with their alleged attempts f persuade W. H. Elmora of Conway, S. C, to drop a 130.000 damage suit against the B. C. Remedy company after the death Of Elmore's son. Justice Douglas said that un der a section of tha federal Ju dicial code "tha fact that In pur pose and effect there was an ob struction in the administration of justice did not bring the con demned conduct within the vi cinity of the court in any normal meaning of tha term " "It is not misbehavior In the vicinity of the court disrupting to quiet and order or actually Olerruptlng tha court In tha nduct of Its business." Douglas added thit if the de fendants could be punished for their misconduct it must be un der tha criminal coda "where they will be afforded the normal safeguards surrounding criminal prosecutions." Douglas said that "we may concede that there was an ob atruction In tha administration of Justice, as evidenced by tha long delay and huge expense which the reprehensible conduct Of petitioners entailed. He added that the opinion in tha Toledo newspaper case hold' Ing that a "reasonable tendency" to obstruct Justice constituted Civil contempt would have sup ported the conviction of the Worth Carolina defendants. But. Douglas said, "that de cision must ba overruled." Tha question of whether a reasonable tendency" to ob struct Justice la sufficient to up hold a contempt conviction, or whether there must be a "clear nd present danger," is at issue In cases pending before tha high tribunal Involving the conviction of Die Los Angeles Times and of Jlarry Bridges, west coast labor leader. la those cases thu California euptaiae court ruled that a con tcmpt-of-court conviction might ba upheld if there were a "rea' aonable tendency" toward lm peding the work of the court Today 's case hinged on a 110- year-old law giving federal courts power to punish summar ily for contempt and providing that this power "sliall not ba construed to extend to any cases axcept tha misbehavior of any Derson or persons In tha pre. Ifyce of the said courts or so near thereto as to obstruct the administration of Justice." The dissenting opinion by Jus tice Stona said that the major ity assumed that tha phrase "so near thereto" could "only refer to geographical position and that it ignored "the entire his tory of the Judicial Interpreta tion of the statute." " 'Near' may connote proxim ity In causal relationships as well a proximity in space," Stone aid. Among other actions today, the court agreed to review liti gation growing out ot the Justice departments anti-trust suits di rected at automobile financing. The Justices consented to pass on action by the federal district court at South Bend, Ind., which .continued for 12 months until imuary 1, 1842, a consent de cree restraining the Chrysler corporation from milking loans to or acquiring securities of any automobile finance company. The tribunal also affirmed by n evenly divided four to four Vote, the decisions of lower courts in three cases Involving private litigation. This brought to eight the number of contro versies disposed of In that man ner In recent weeks. Such divisions were made possible by the court vacancy created by the retirement of Justice James C. McReynolds. Tennis Star Scores in Love Match mi o h -.v 'vvfL. Mw Donald Budge, ant of the world' greatest tennis start, and bis I lancet. Dlarde Oonatlman, Stanford studtnt, much devoted at lunch la 6aa fYanclsoo, War Brings Fur Depletion, Says Tulelake Refuge Man (Editor's Note: This is the sec ond of two articles on national wildlife week appearing in the form of an interview with O C. Fairchlld, Tulelake biological survey game refuge manager.) STARTLING ENOUGH SAN FRANCISCO, April IS W) To stop speeders without frightening them with a siren blast, traffic officer" have been ordered to pull up alongside the offending auto and tap on a fndow, "Motorcycle Officer L. J. Gar vin tried it. His rap so startled tha driver and her woman companion both creamed. . Not all phases of wildlife con servation can ba viewed opti mistically, according to C. C. Fairchlld, Tulelake refuge man ager. He pointed particularly to the status of fur animals. "Unless action is taken promptly, the fur resources of the United States will suffer a marked depletion that may lead to extirpation of some of the valuable species," ha asserted. 'The war abroad has created a serious situation Furs of wild animals cannot ba Imported, as formerly, and we are now mak ing inroads on our own fur ani mal supply." The difficulty, he explained, is that we lack adequate knowledge concerning the status of fur ani mals in the states. "It has been said again and again, but cannot be repeated too often that more fur animals are being taken than are being produced," Fairchlld said. "But whether we are producing 10, 000.000 aad Uking 1S.OOU.000 or producing 20,000,000 and taking 30.000,000, we don't know." He waa certain the take exceeded the annual production. Now is tha time to take precautionary measures, he warned; otherwise, it may be too late. To aid the fur industry, fur trappers, fur farmers, and the rabbit Industry, the service main tains the U. S. rabbit experi ment station In Foniona, Calif.; the fur animal experiment sta tion near Saratoga Springs, N. Y.; and research stations at the Pstuxent refuge near Bowie, Md., and tha Blackwater Nation al Wildlife refuge near Cam bridge, Md. Diseases The fur question reminded Fairchlld that controlling dis eases of fur animals and other wildlife is another important task ot the fish and wildlife service. Constant study is neces sary in dealing with disease in wild animals, ha said. Each section of the country is covered by wildlife disease specialists. Oregon has the services ot Dr. F. D. McKenney who has head quarters at Pullman, Wash. Not only is the service con cerned with tha national aspects of conservation, but It Is inter ested in helping the states solve their wildlife problems "After all, conservation is the Import ant thing," Fairchlld said. That s where the federal aid program comes In, he continued.' Each year congress appropriates money to be used to help the states In their conservation pro grams. The federal aid in wild life restoration act, or tha Pitt- man-Robertson act, as it Is also called, Is administered by Secre tary ot the Interior Harold L. Ickes through the service. Each state is allotted a portion of the total appropriation on the basis of the number of licensed hunters and the acreage of the state. The federal funds are used to pay 73 per cent of the cost of projects planned and pro posed by the state, approved by the fish and wildlife service, and carried on by the states. This year Oregon was allotted $70,380.13 for federal aid pro jects to benefit the state wild life. Projects now underway are to rejtore and manage beav ers, to develop water supplies and habitat for sage grouse, and to establish seed-stock refuges for small game in tha Willamette valley. Nation-Wide Many states are setting up wildlife reiuges with federal aid money, Fairchlld said. Most of these areas are primarily for resident, or nonmigratory species of wildlife. That fits well into the general cousetv tion program, he pointed out. since the state refuges supple ment the services continental system of national wildlife reiuges. "There are 263 national wild life refuges now," he explained, "stretching from Puerto Rico to Alaska and Maine to HawaiiA' These refuges are set aside to meet tho needs of various forms of wildlife, but in general it may be said that the sanctuaries serve one or more of three functions, providing nesting or breeding grounds, resting grounds, or wintering grounds for the species of animals using the areas. There are 11 national wildlife refuges in Oregon; upper Klam ath refuge, lower Klamath refuge, Tule Lake national wild life refuge, all near Klamath Falls, and others. While all refuges protect all forms ot wildlife found on the areas, development work on each sanctuary Is aimed at im proving tho habitat promarily for certain species. Of the 263 national wildlife refuges already established. 176 have been set aside primarily tor migratory waterfowl; 24 for migratory birds, small upland game, fur animals, and other wildlife; 50 for colonial nongamc birds; and 13 for big game. CCC on Job Asked how the service refuge managers could develop the larger refuges with small staffs, Fairchlld said that "you can glva the civilian conservation corps credit for a lot of this good work " Much of the work on recently-established refuges Is dons with the aid of CCC en rollees, ha explained. Last year there were 36 CCC camps in operation on 41 refuges in 26 states. Tha camps at Tula lake and Malheur national wildlife refuges have done excellent work on construction projects and In improving iha wildlife habitat In Oregon, he said. Tha WPA also received praise tor tha work it has done on 45 refuges in 16 states Last year mora than 13,600 man-months of employment were provided on national wildlife refuges through out the country. Work Included constructing bridges, dams and buildings; planting cover shrubs and other vegetation; and building fences and marking refuge boundaries. "Marking boundaries helps reduce the number ot game-law violations on the refuges," Fair- child said, "and reducing the number ot violations is, of course. Important." He added, referring to game-law enforce ment In general, that last year the service's 70 game-management agents and deputy agents singly or In cooperation with state officers and deputy game wardens, obtained evidence in 2030 caes of game-law viola tions. "These cases werj prosecuted in state and federal courts, with result that 2773 convictions were obtained," the service official declared. "That's almost S3 per cent convictions." Cecil G. Kochcr is the U. S. game management agent for Oregon. In his annual report to the director of tne fish and wild life service, Kocher praised the Nothing Fishy Here 1 if: Isaak Walton never thought up s lovelier picture than Evelyn Dim moor, about, and her Long Beach Cat. catch of barracuda. Unuauall) warm ocean currents brought sum mer catches to many Southern an-tiers. cooperation received from the Oregon state game commission. Without the cooperation of state, county and local officials and private organizations, the service would be umible to con duct its conservation program ef fectively, Fairchlld asserted. "Not only does this apply to law-enforcement, federal aid, and other projects, but it is equally true of the predatory-animal and rodent control work," he said "Incidentally, it J an estab lished service policy that preda tory animal control projects for tha protection of livestock, poul try, and game are conducted only in areas where there is a press ing need for that type of activ ity," the service official ex plained. Service experts are available to help in reducing depredations and Infestations from coyotes, wolves, prairie dogs, Jack rab bits, field mice, and other pre dacious animals. This type ot control work Is conducted In Oregon by Fred R. Sankey who has headquarters at Redmond. RED BLUFF SET FOR -UP FESTIVITY .'Tht. city of Red Bluff is all set to undergo its annual trans formation from a modern com munity to a frontier town on Saturday night, April 18, when the freo street dance and city- wide open bouse will ba held In connection with tho Red Bluff Round-up. The annual Round-up party has become widely known throughout the years as an im portant part of the Round-UD, and civic organizations are co operating to make this year's af fair another outstanding celebra tion. Citizens of northern Cali fornia are Invited to participate in the free dancing and special entertainment that will begin at 9 p. m. and continue tar Into the night Special music has been en gaged and an entire city block will be roped off to provide a dance floor for the thousands of ' merrymakers. In addition. many iraternal organizations, clubs and individuals are plan ning nouno-up parties. The streets ot Red Bluff have been decorated with gaily col ored flags and bunting, and citi zens are sporting ten gallon hats and violently colored shirts. The old-time western spirit will live again on Saturday night, and preparations have been made to accommodate a record crowd. Economic agreements likely to be kept are preferable to po litical agreements likely to be broken. 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