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m FULL LEASED j s IRE Classified Ads Reach nearly 4,000 homes dally, and are eagerly read. It you have any wants they will pay. Telephone 15 Val m BrrlM Oompleti f nty. State. Nation-1 tod M 5- Newt the day It happen!. 8 g all Linn Count. n.. - 'V K,' The Albany DM crat-Herald( Vol. LXIX, No. 264 ALBANY, LINN COUNTY, OREGON, MONDAY, MAY 18, 1936 The Albany Herald, Vol. LXI, No. 254 " is RATES HIGH COOLIDGE GOODS SOLD GUFFEY COAL LANDQN RESETTLEMENT HELD VOID BY DLLIVER HELD LIKELY TO GET OFFICE AGAIN ' mmmmm:ilmS''i-i- aMH Willi' I iV Although lh sale was criticized by the late President Coolidge's law partner as a "disgrace," household effects used In the Cool-idge home were auctioned at Northampton, Mass. The auctioneer, George H. Bean, is shown trying to interest knitting women in one of the pieces. LEADERS RULED OUT BY T Ruling Probable End Nev Deal Efforts Along Line of NRA ! 3 OPINIONS GIVEN Six Concur in Majority View; Hughes Gives Separate Stand Washington, May 18. The Su preme court today struck down tha Guffcv coal control act and cited objections apparently meaning the end of any New Deal attempt to control industry or regulate labor along lines of the invalidated NRA and the Wagner labor act. The court threw out the three vital features of the Gulfey act The 15 per cent tax on coal production, labor provisions and price- fixing. Under the terms of its decision it appeared unlikely any successful New Deal effort could be mado to re-write control laws upon the ruins of the NRA and other inval idated New Deal statutes. 3 Opinions Written - Additional weight to this interpretation was lent by a District of Columbia court of appeals decision which cited the high court s AAA and NRA decisions in holding un constitutional use-of work reliet funds for th resettlement administration. The import of the Guffey deci sion was seen in the fact that three opinions were presented by tho court a majority ruling written by Justice George Sutherland and concurred in by five colleagues,: a minority decision in which three justices joined and a separate concurring opinion submitted by Chief Justice Charles Evans Hughes. -Decision Far-Reachlnc . . - The court's decision was so far-reaching that it appeared clear that without cdnstltutional change of some type, virtually all proposed substitutes for industry and labor control were barred. Seven questions were presented in the majority opinion as ncccs- sary for settlement. The questions and the majority's answers: 1. The right of stockholders to bring suits testing the Guffey act. 2. Whether the suits were brought prematurely. The court held that they wero not prematurely brought. 3. Whether the IS per cent tax: on coal sales at the mine was' a true tax or a penalty. The court held it was clearly a penalty and not a real tax. 4. Whether congress had power to attempt such control as tho Guffey law sought to impose. The court held congress under the constitution did not have this power. 5. Whether the labor provisions (Pleait Turn to Fac Two) Railroad Extension Gets County's OK Salem, Ore., May 18. Marlon county court today approved extension of the Southern Pacific line 1300 feet above Idanha, subject to approval of the federal bureau of public roads. The railroad had requeued tho extension because of logging operations being conducted in the vicinity of Mill City. HIGHER APPEALJOURT Tugwell Setup Declared. Improper Use of Aid Money NO STANDARDS SET! 'State's Right Invaded by Congress, ' Says D. C. Tribunal Washington. Mpv 18. Citing the supreme court's NRA and AAA decisions as precedents, the District of Columbia court of appeals today held use of relief funds for the resettlement administration unconstitutional. While the court granted the right to congress to appropriate funds for relief of unemployment, it restricted the use to which such funds might be put. , State's Right Invaded Although ' the court denounced the whole $4,000,000,000 work relief appropriation of last year, legal authorities agreed that it was not ruling on the whole re-employment act because its whole discussion in the case applied only to the rural resettlement suit. The court held that President Roosevelt's allocation of relief funds to Rexford G. Tugwell's resettlement administralion was nn improper delegation by congress of legislative power and that it invaded the rights of the states. The court's decision was rendered in an injunction action . brought by franklin township, Somerset county, N. J., against a proposed resettlement project in that locality. The court cited two vital objections to the constitutionality of the resettlement administration. No Standards Provided These were: 1. Congress failed to set up -' cts"Harr!s to guide' the president in allocation of funds for resettlement purposes. 2. Use of relief funds for resettlement purposes invades the reserved rights of the slates in that a policy was initiated attempting to regulate and control housing and to resettle or shift destitute and low income population of the states. "This act invades the reserve right of the states." said the court, "because it attempts to reach and control matters over which the constitution has given congress no power." Director's Post Unsought as Yet Thus far no one seems to want the office of director on the Linn county non-high school board representing zone No. 4, now represented by Charles Mitchell of Lebanon, according to County School Superintendent J. M. Bennett. A vacancy in this post will occur with oxpiration of Mr. Mitchell's term this year, Mr. Bennett said, and the present occupant has indicated he will not seek reelection. Mr. Mitchell is chairman of the board. This zone includes school districts Nos. 7, 13. 20, 30, 31, 53, 54, fi6. 78, 81, 88, 89, 90, 91, 102, 112, ?5 and 132. According to the 'county superintendent candidates must file 15 days. before the date of the election, which will be June 15. Very much in the limelight these days are the New York Snclls. Charming in a gown of Chanlil-ly. as she scintiilalccl at a Washington charity lace ball, was Sara Sncll. above. Within a few weeks, as he did in '32, her father," Bcrtrand Sncll (Rep.), N Y.), will flourish the gavel as permanent chairman of the G. O. P. national convention. 86T0F EIGHTH GRADES Diplomas will be given to 86 eighth grade graduates at the Madison and Central schools Wednesday, June 3. City School Superintendent Rex Putnam, an nounced today. Presentations will take place at exercises that are being planned nt both schools for that day. Preparations for the two programs arc under way but hud not advanced sufficiently today to be outlined. Each will begin at 1 p. m. Of the total graduates, 49 are members of the Central school eighth grade and 37 of the Madison eighth grade. Following are prospective grad nates: . Madison School Arthur Codington, Felix Her-mansen, Jack Bird, Lawrence Stanford Smith, Ethel Irene Mol-lett, Stella Garland, LaVerne Wilson, Katherine Thomas, Bernicc Thompson, Betty Barrett, Beulah Reynolds, Rufus J. Bryant; Vivian Waller, Dale Stilwcll; Ralph Bur-relle, Edward Moulton; Bruce Straney, Jnck Prince. Ruth Moench, Clova Colleen Williams, Audrey Gott, Iva Tann, Bernard L. Parsons, Ruth Emma lEhrlich, Beulah Nelson, Jimmle iSheler, Leonard Kenneth Olvis, I Wallace J. Hunter, Gilbert Whit ney. Billy DeWall, James A. Shough, Velma Elizabeth Hewitt, Florence Mao Muller, Maurine Christensen, Robert Tuttle, Adel Haines, William Volz. Central School Edith Allphin, Katherine L. Arthur, Dorothy L. Banton, Viola Barnes, Donald S. Beight, Philip Bennett, Kenneth Burnett, Georgia Ann Campbell, Douglas L. Chandler. Rac Earnest Clcland, Dorothy Dvorak, Muriel M. Forster, Charles F. Freeman, Douglas Gates, Fern E. Gerber, Genevieve Godwin, David H. Gowans, Floyd Grice, Curios Gutierrez. Elaine Haradcr, Vcrdecn Harris. William Henrv Hobbs. Willard Hulbert. Billy W. Hutching, Ardys Jcnks, Marvine Jenks, Mildredjean Leigh, Lucy Alice McAfree, Ed- ITMftM Turn In Piter Thrc Is r LAST NO. 1 His face, often made up in woman's disguise in his long flight, was expressionless, just before Thomas H. Robinson, Jr., left for Atlanta federal penitentiary to begin a life term for the kidnaping of Mrs. Alice Stoll, Louisville matron. Captured in Glendale, Calif., after a IB-month search, Robinson pleaded guilty rather than risk a trial and a death sentence. ALLEN, BURT ITCH LEAD Portland. Ore.. May 18. Although Jack E. Allen of Pendle-ton, appeared to have won the democratic nomination for state treas urer over U. S. Burt of Corvallis todav. it was apparent that only the official count will assure his nomination. . , ... , .. Errors discovered in unofficial returns over the week-end swung the lead, alternately to Allen and to Burt. With 25 scattered, remote and small upstate precincts out of the 1627 in the stale still unrenorted, Allen had 41.653 votes and Buit 41,586. It was possible that votes in the missing precincts might swint! the lead in Burt s favor, or might build Allen s lead to a safer margin. In another close contest Roy W Ritner of Pendleton, defeated C. D. Nickelson for the republican nomination for congress in the second district by about 700 votes. Some errors in early counts had placed Nickelson ahead at one time. With the district virtually complete Ritner had 7381 votes to Nickelson's 6573. Other candidates were trailing with C. B. Phillips 3820, A. R. Tull, 2663, and Phil Yates 2406. : FIRE DAMAGE SLIGHT Scio. (Special) Fire at the C. E. Martin residence Saturday noon caused only slight damage before it was controlled by the Scio volunteer fire department. The blaze started from an overheated chimney. The residence is the property of Mrs. Amanda Shcllon. SEVEN SENT TO C. C. C. CAMP Seven more Linn county young men were taken to the Cascadia C. C. C. camp after having enrolled through the local relief office. The lime limit for enrolling in this quota expired Friday. consideration by the Tokio government, is likely to constitute a bid for Japan to possess the Admiralty experts estimated that 'he Japanese navy already in eludes approximately 25.0UO tons of submarines in excess of the treaty limit of 52.700 tons. Fur- tner. me United Press learned. Japan is building additional sub- marines. Washington, May 18. The State department, it was Indicated today will not object to Great Britain increasing its destroyer tonnage to 1 90.0jiiiry.ons or shifting tonnage in the WJiser classes. I II TO CLASH FOR JERSEYVDTES Observers See Boost for Kansan and Idahoan Nearer Bolt HOFFMAN TO FIGURE Hauptmann Reprieve Has Part in Campaign for Delegate Trenton, N. J., May 15. Sen. William E. Borah and Gov. Alt M. Landon of Kansas meet head-on tomorrow in New Jerseys' pres idential primary poll for the first time as formal opponents in the 1936 GOP swocpstakes. Political observers believe the result will boost the Kansas governor nearer to the republican nomination and move Borah clos er to a bolt. New Jersey also will express in directly its democratic preference between President Koosevelt and Col. Henry Breckcnridgc. Breek-enridge has tested Anti-New Deal democratic sentiment in four of the 14 presidential primary states and made his best showing in Maryland where he trailed Mr. Roosevelt in a l-to-5 division of the primary ballot. A popular referendum on the propriety of executing Bruno Richard Jlaupnitnnn is a collateral issue in the republican primary-Gov. Harold G. Hoffman, who is in bad with most leaders of his party but whose personal political machine still runs smoothly, has been challenged before the electorate for his reprieve of the Lindbergh baby kidnaper. Hoffman is one of four delegates-at-large nominated by the republican state committee. Former Rep. Franklin W. Fort, one-time political intimate of former President Hoover and a notable prohibitionist, is. an Independent candidate against Hoffman. But New Jersey will award the delegate-at-large seats to the four candidates with the largest number of votes. All five delegalcs-at-large candidates are pledged to Landon. DRUNKEN DRIVERS PLEAD GUILTY IN COURTS MONDAY Audley A. Griffin, 27, Shcdd was fined $100, received a 30- day county jail sentence and suffered revocation of his automobile driver's license for One year when he pleaded guilty before Judge Ol-liver in justice court today to a charge of driving an automobile while intoxicated. Griffin was arrested east of the city limits In Albany yesterday by Chief of Police Chandler and Night Officer Stellmacher. In city court P. L. Flanagan, 35, Vancouver, was fined $50 and received a 10-day suspended jail sentence when he pleaded guilty to a similar charge before Judge Van Tassell. He was arrested near First and Ferry streets also yesterday by Officers Kirk and Stellmacher. Frank Main, 22, Albany, was arrested on a charge of having no driver's license and was fined $5 in justice court. Because he could not pay he was given a one-day jail sentence, James Walker, 21, Eugene negro tap dancer, forfeited $3 bail when he failed to obey the command of the arresting officers, Kirk and Stellmacher, to appear in court today on chrage of driving without having an operator's license. John Morgan, 60, Albany, was fined $10 in city court when he pleaded guilty to a charge of being drunk, on which he was arrested yesterday by Officers Stellmacher and Klrik. AUNT HET BY ROBERT QUILLEN "Jim won't let anybody make a profit. If you offered to let nnmtlf, bir-lr w fro- ., ni,.lrl Mtn'rl Ettirl nnvl Hnnr nnrt ,.rrp three kicks for a dime." (Coprriiht. 1191, Publlalnta BmtleaU) Official Count or Entry of Independent May Force Contest JUSTICE RACES CLOSE Many Candidates Given Places on Both Tickets Justice of the Peace Victor Ol-livcr is certain of re-election if the official count of Linn county's vote cast Friday docs not alter the unofficial results and unless an independent candidate should bob up. County Clerk Russcll s check up of written-in names today revealed that Judge OUiver received 32 democratic votes in justice court district No. 1, including Al bany, while Lee Rohrbough received 31. The check-up revealed several tics in the write-in totals of both justices of the peace and constables in the county's several districts. Following are the other nominations thus made for justices of the peace: District No. 8 Republican and democratic, J. F. McGlothcrn. District No, 9 Republican, R. E. Warner; democratic, D. C. Burkholder arid R. E. Warner, tied with five votes each. Results of the vote on constables were: District No. 1 republican and democratic, Ben Clelen. District No. 2 Republican, M. C. Thompson; democratic, Walter Cate, J. R. Mode, R. Gibbons, George Gardner, Harold Shcdd and W. C. Rcitz, tied with one vote each. District No. 3, republicanJames Rector; democratic, J. W. McClel land. . -, .c District No. 4, republican, and democratic, John Owen. District No. 5, republican and democratic. Will Morgan. District No. 6, Lebanon, republican. George Childs and Wilbur Muetze, tied with eigth votes each; democratic, Wilbur Muetze. District No. 8, Sweet Home, re publican, Eugene Ellis and John Russell tied with one vote each; democratic, A. B. Simons and R. Malonc, tied with one each. District No. B, republican and democratic, John Smith. District No. 11. Republican, Tom Large; democratic, Earl Allen. Corn-Hog Checks Arrive on Monday Checks for 242 Linn county farmers totaling $6,481.72 in final payment of 1935 corn-hog control contracts were brought to the office of County Agent Floyd Mullen today by Joj Yates, chairman of the Linn county corn-hog control committee. They are now ready for distribution. No wheat payments had arrived at the county agent's office later today. D. V. V. TO MEET Announcement was made today that the Daughters of Union Veterans will meet Tuesday at 7:30 p. m. at the home of Mrs. Annie Scx-auer, 838 Cottage street. - Front the Headlines By Deacon Richmond "European Debtor Will Make No Payment on Debt of Thirteen Billion" The European nations take small interest in their debt. Each American notation 'merely helps them to forget. They don't mind the way it's growing every year that they delay it, "W-i . for they re very W ?rl plainly showing .V' W that they don't tZA intend to pay it. mere win be some more discussion as to just - who. won the. fight and the question isn't settled as to who was really right; but there isn't any question of what country paid the price and it's pretty well decided that they've put the bill on ice. We went into the conflict for democracy's ideal and to" put an end to warfare, with no chance of a repeal: but dictators have the places from which they drove the kings and constant threats of warfare, the news from Europe brings. We reaped a crop of sorrows and some bogus I. O. U.'s; for each nation quickly borrows, but it never pays its dues. We have paid a big tuition for the lesson that we've had. but 'twill serve a worthy mission ,if our memory's not too bad. McMAHAN, KEYES TO CLASH AGAIN ON FALL BALLOT Judge L. H. McMahan and Walter E. Keys of Salem will compete in a run-off election next November to determine whether or not Judge McMahan will retain office as judge of judicial district No. 3, composed of Linn and Marion counties. This was determined today when word was received by United Press from Salem that Judge McMahan lacked 964 of securing a clear majority of the total vote cast in the Marion county non-partisan judicial primary election of Friday. He had a majority of 188 in the Linn pounty vote, leaving hirn 777 short. The complete vote in Marion countv was: Keyes 6840; McMahan, 8341; Trindle 2465. The Linn county result was: Keyes. 2265; McMahan 3533; Trindle 1080. The combined results are: Keyes, 9105; McMahan 11,874; Trindle, 3545. The combined vote given to Keyes and Trindle is 12,650, depriving Judge McMahan of the majority which he must have gained to attain final election in the primary. Incomplete returns had Indicat ed he would receive such a majority. Laura Myers West Buried on Sunday Scio, May 18. (Special) Burial rites for Mrs. Laura Myers West, 67, were held at Franklin Butte Masonic cemetery in Scio Sunday. Interment was in the family plot. Mrs. West died at Jefferson May 16. Born in Scio, June 3. 1868, she grew to womanhood here. She lived in Mcdford for a number of years, where she taught school. Survivors are two brothers: Jefferson Myers, former member of the United States shipping board, Portland; and E. D. Myers, Scio; six sisters, Mrs. F. J. Wcid of Jefferson, Myrtle Myers and Mrs. A. W. .Williams of Browns ville, Mrs. H. E. Albert, Mrs. S. L Brown and Mrs. G. C. Williams of Portland. Samuel C. George, 33, Dies at Salem Monday Samuel Clinton George, 33, born at Shelburn, April 6. 1903, a resident of Linn county all his life, died in Salem at 11:40 a. m. today, May 18, following a lingering illness. Surviving him are his parents, Mr. and Mrs. Lee George of 413 East Fifth street in Albany; also two brothers, Jim George of Albany and Walter George of Shelburn, four sisters, Mrs. Lenore Brown of Corvallis, Mrs. Cora Gooch of Creswell, Mrs. May Jensen, of Colorado and Mrs. lola Nelson of Sweet Home. Funeral ser vices will be held from the Shel burn church at two o'clock Tues day afternoon. Rev. Ferris A. GET SUBPENAS Washington, May 18. Four leaders of the Townsend Old Age Pension movement were sum moned today to testify before house investigating committee after they had appealed for public contributions to a "preparedness fund" to help carry on work of the organization. Coincident with arrival of a car avan of Townsenditcs from the west coast, leaders of the house old age pension investigating commit tee promised a "snow down wnen much-dealyed hearings are re sumed tomorrow with Dr. F. E. Townsend, founder of the move ment, as the first witness. The transcontinental caravan from Los Angeles 43 Townscnd-ites in 20 automobiles brought petitions bearing 10,581,000 names and requesting congressional ap proval of the Townsend plan. Rep. C. Jasper Bell, D., Mo. chairman of the house committee called the caravan a "flop." Those subpoenaed, in addition to Townsend, were John B. Kiefer, Chicago, and the Rev. Alfred J Wright, Cleveland, directors of Old Age Revolving Pensions to appear May 21; and Charles M. Hawks, Boston, state area manager, to up pear May 26. Wright and Kiefer signed the appeal for contributions to the "Preparedness Fund" which point cd out that the fund might be needed In case attempt were Hindu to tic up regular funds of the or ganization. The investigating committee also wrote Thomas W. Hardwick Townsend counsel, to produce Edward J. Marget, San Francisco, re cently named national publicity director of the movement, on May 26. New Patrol Gains Rating of Class B Lebanon, May 18. (Special) Flying Eagle patrol No. 21, reprc senting Albany troop No. 21, won a class B rating with its achieve ments at the Boy Scout Camp-O Ree held on the Queen Ann school Campus here Saturday despite the fact that the patrol was organ ized only a week ago. This- was the only Albany group to compete. It won first place in the string burning con test, in which a string was stretch ed between two standards and a fire built beneath to test ability of the scouts to build fires quick ly. At the Camp-O-Ree were 200 scouts representing Salem. Dalls, Woodburn, Lebanon and Albany Jerusalem Ruled By British Troops Jerusalem', May 18. British soldiers took charge of preservation i of order today, and a strict curfew Three Jews were killed and two wounded. BOY SAVES PLAYMATE Salem. Ore., May 18. Donovan Esplin, 10, probably saved the life of his playmate, Jackie Cordcn, 6. when he succeeded in pulling the boy out of the t All stream here Sunday. Young L'orden lell into the swift stream near Swectiiind field on the Willamette UiiiV'krwLy campus. w Utilities Outline Fight on New Deal Public Power Plan Washington, May 18. Utility in the Columbia river bill, tor opposition today struck at the first open enunciation of the ad-new deal's socially-ambitious plan ministration's power policy, of financing publicly-owned pow- The measure was prepared by er system with millions of taxpay- senators from northwestern states Britain Makes Bid for Lead In Naval Building Programs London, May 18. Confronted ; as possible," convey its views re-by Italy's outright seizure ofigarding the decisions of his ma-Ethiopia an4 renewed Japanese 1 jesty'B navy. The same request saber rattling inside the Great ; was made of Japan. Wall of China, Great Britain to- I In vicw of the British memoran-day decided to take an emphatic dum it seemed certain the United lead in the race for naval arma- : state sand Japan would demand ments. the compensatory right to retain Britain sent a note to the Unit- warships which, under the Lon-ed States conveying notification of :don treaty would otherwise have the British navy to retain 40,000 Deen scrapped . before the new tons of destroyers in excess of ; year. tref,J'..i,!?'itf.'. 1J.i..i I Japan's answer, now under sent to Japan. I The United Pres sis able to re- i veal that the memorandum to Washington was dated May 6. Its'0'11 5 largcst "eet of submar- ers1 dollurs to supply the nation with explicit White House , ap-with cheap electricity. 'proval. ' i With the senate prepared to re-j Authori7.ing saie o( energy gen-'ceive a bill committing President cratcd by the government $55.-Roosevelt and his administration , 000 000 Bonneville dam on the to a definitely anti-private com-iCommbia river in Oregon, it pro-pany power policy, these develop- j vidvd tnat: menUs were scheduled: I . . , . ; 1. A U. S. supreme court do-' .The federal power commission cision whether to consider the; shall control the ate pol.cy for Duke Power company appeal. The ',e cur. A dc'mi firm is seeking to have PWA al- P"t of Bonneville power will be lotments to states, counties and f ved for public groups. They cities for municipal plans, declar- wi 1 be g ven preference over pried unconstitutional. v"'e ut"itles' , 2. Testimony of PWA Adminis-I The proposal, with at least an trator Harold L. Ickes in district even chance of enactment at the supreme court. Five utilities made ; present congressional session, was him the chief defendant in their significant becati ft the U. S. suit attacking the new deal's non-suprem eurt tain In the TVA federal power program as seek- Wile ttmm . . ing to drive them out of business. Tha V-ibuxV Vm govern-i - 3.' Administration settlement of i ment hn rti" right an inner-TVA quarrel over pri- j to a-11 a MWaX from . a vatc company policy. In the fight, fajai IM mm W i ' between two TVA hOrd members. MMa was threatened a breach in If ftar M iM ttillties government's foremost "ya- j rrn V WUO i mt new stick" power experiment. . 1SM Kwam, I The new deal's p6n r AW" . tWWW-OOO by luting rates on,Bil cle'ctrryt i E JjSMiMgroughout from federal pivcr project came ; the couftiSfc . Wood of Lebanon is to officiate, was imposed, after renewed wccK-Interment is to be made in the end Jewish-Arab disorders. Miller cemetery of Shelburn. The J The new tension resulted from Fisher-Bradun funeral directors i an Incident Saturday night when are in charge. j unknown persons fired on Jews , j leaving a cinema. contents, hitherto secret, express- cd Britain's preference to settle the issue of destroyer tonnaze in - creased bv negotiation rather than bv invoking the so-called esca- la'tor clause of the 1930 London naval limitations treatv. It was believed here that the British move would result in a considerably larger number of warships in service at the end of this year than the London treaty foresaw. The British memorandum to Washington expressly requested iat the United States, "as soon ; ! ! RIIOADES KITES HELD Funeral services for Mrs. Mary R. Rhoades. who died at her home in Albany May 13, were held Saturday, from the Fisher-Braden chapel. Rev. J. Boyd Patterson, pastor of the United Presbyterian church officiated. Music was furnished by Mrs. Hazel Ewing and flowers were arranged by Mrs. Emma Arnolrl and Mrs. Lillian Fox. Final rites were held ut the Portland crematorium.