The Billings Gazette from Billings, Montana • 9

THE BILLINGS GAZETTE Wednesday, Sept. 16, 1936. Pate Nine BILLINGS ATTORNEY SPEAKS IN BEHALF OF CONSTITUTION nor deal from the bottom of the deck Mrs. Clark Faces Love Theft Suit H. C.

CRIPPEN FEATURED PROGRAM I ANS OH MAN Patrol Chief Hold. Meeting on Safety Cheyenne, Sept. 15. JPl George G. Smith, captain of the Wo-' ming highway patrol, was in Wheatland Tuesday conducting a safety meeting.

Platte county authorities asked Smith to ad7ise citizens and law enforcement officials on school safety measures, especially those governing school busses. him well; For him no minstrel raptures swell; High though his titles, proud his name, Boundless his wealth as wish rn claim: Despite those titles, power and pelf. The wretch, concentred all xelf. Living shall forfeit fair renoun, And doubly dying, shall go down To the vile dust from which he sprung. Unwept, unhonored and unsung." "cruel and unusual punishments shall not be inflicted." At the time of its adoption, and theretofore, in all the countries of Europe, most cruel and atrocious punishments were inflicted.

Hundreds of offenses were punishable with death. For infamous crimes like treason, men were hanged and drawn and quartered. Judge Maxy of the supreme court of Pennsylvania gives an account of the execution of Dr. Lopez and two others for plotting against Queen Elizabeth, as described by the historian. "The three men, boind to hurdles, were dragged up Holborn, past the doctor's house, to Tyburn.

A vast crowd was assembled to enjoy the spectacle. The old man was strung up, and then cut down while still conscious. Then the rest of the punishment castration, disemboweling Address Praises Men Credited With Forming "the Supreme Law of the Land" Which Created the American Republic. Figures show that the average price of gasoline in 50 representative cities of the United States on July 1 was about 2.5 per cent higher than it was a year ago. rSfcffi 0 0 0 LAS It is too far away to be Informed of local needs, too Inaccessible to be responsive to local conditions.

The states should not be induced by coercion or by favor to surrender the management of their own affairs. "This nation is bent on progress. It has determined on the policy of meting out Justice between man and man. It ha decided to extend the blessings of an enlightened humanity. Unless the states meet these requirements the national government reluctantly will be crowded into the position of enlarging its own authority at their expense.

I want to see the policy adopted by the states of discharging their public functions so faithfully that instead of an extension on the part of the federal government there can be a contraction." Paternalism Is the father of socialism or communism or any other ism of like nature. Better every paved highway, every overpass and underpass, every dam, built by or with government aid, should disintegrate and mingle with the eternal dust than that the several states should lose their power under the constitution. Government, which means power, should be kept as near to the people as possible. This is a government of checks and balances. The law making body is checked by the veto of the executive, and both are checked by the supreme court, but, over all, is the power of the people.

You may ask why did they do it that way. One word, "fear." fear of centralization of power. The world then lived under centralized power. Today, although our sons sleep In the fields of France to make the world safe for democracy, Russia, Germany and Italy, and many other countries are thus ruled. Some say we have outgrown our form of government.

Harry Hopkins, formerly of Laurel, says "the people are too damn dumb to understand these things." If this be so, then we had better touch a match to every school house, to every temple of learning in the land. Let everyone who feels that way about it with regard to himself renounce his citizenship. Some say the supreme court should be abolished, or at least that their powers should be curtailed. They say: "Why should nine old fogies thwart the will of congress and of the executive?" That they and the constitution providing for their existence are behind the times, Hopkins may be partly right with regard to this department of the government, but, if it be so, he and those with him are in the van of the dumb. I wish here to be very specific, very simple, very understandable for the reason that men generally do not fully appreciate the functions of the supreme court.

Remember this, the supreme court never acts of Its own volition. There must be a legal controversy, and it must be presented. The supreme court does not then determine whether the controverted proposition is socially right or economically sound. It simply decides whether the law Is permissible under the terms, either expressed or implied, of the constitution. If unconstitutional, the law is of no effect, but is that law dead forever? Some believe that it is.

Many, who know better, would have you believe that it is gone forever. They would have you believe that, in this world of change, the supreme court stands for and typifies stagnation; that, by Its decisions, it prevents social betterment, planned economy and the more abundant life. This, ladies and gentlemen, is not so at all. The people the people in whom reposes all power can resuscitate the corpse, breathe Into it the breath of life and make it a vital force for good or 111. Garet Garret, in one of his articles in the Saturday Evening Post, has put the procedure about as neatly as could be done.

"We have agreed to live and govern ourselves by certain rules, including a rule for changing the rules. We have agreed that these rules shall constitute the supreme law of the land. We have agreed that this supreme law cannot be changed by an act of congress, nor by flat of the president, nor at all, except by act of the people. That Is the constitution. Those who propose from time to time to break the rules or to loose them by distorting the meaning of the words in which they are written, are either those who are impatient to achieve an immediate result which they conceive to be eood.

for, at least, that would be crooked deal. But what is the rule to change the rules Here Is the exact language: "The congress, whenever two thirds of both houses shall deem It necessary, shall propose amendments to this constitution, or, on the application of the legislature of two thirds of the several states, shall call a con vention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof." Therefore, if the people of this country are aggrieved at the decision of the supreme court and feel that one who transported a coop of chickens, or one w'ho pressed a vest for 5 cents more than that fixed by others, or that the farmer should not sell a sack of potatoes on the street corner nor the housewife buy the same, there is the aforesaid remedy. Even if the people desired the planned economy as expressed by Tugwell In a recent speech, it is possible, but the people must do it. "Planning will necessarily become a function of the federal government, either that or the planning agencies will supersede that government. Business will logically be required to disappear.

This is not an overstatement for the sake of emphasis; Jt is literally meant. The essence of business is its free venture profits in an unregulated economy. Planning Implies guidance of capital uses adjustment of production to consump tion new industries will not Just happen as the automobile industry did; they will have to be foreseen, to be argued for, or seem probably de sirable features of the whole economy before they can be entered upon the future Is becoming visible in Russia perhaps our statesmen will give way or be more or less gently removed from duty perhaps our constitutions and statutes will be re vised perhaps our vested Inter ests will submit to control without too violent resistance. Yet the new kind of economic machinery we have in prospect cannot function in our present economy." I wonder what your businessmen think of that. I might go further ana say that if the people desired that every farmer should be told what to plant, that every businessman should be told Just how to conduct his business, that if we all were told what time to get up In the morning, Just what food we should eat.

what clothes we should wear, how many children we should raise end Just what should be done with them, it could be done under that power. However, Al Capone, at the present time, is enjoying such a blissful vate of existence. Within the lives of nearly all of us, there have been five amendments to the constitution. When it was proposed to tax incomes, the supreme court held that it was unconstitu tional, ine sixteenth amendment was submitted, adopted, and now In comes are taxed. At one time, not so long ago, if a woman had dressed in pants; that Is, had dressed as a man and had voted, she could hav taoen punished had the case come before the supreme court.

They would nave saia her act was unconstitu tlonal, but that is not so today for tne reason tnat the right of suffrage does not depend upon sex. Thus far, I have spoken only of the macninery or government. I have maae plain to you and to all who will, with honest purpose, read the constitution, that that Instrument is a living vital force fully able to cope with all modern conditions. I have made it plain and you must not forget that, by the express terms of that constitution, the will of the people is supreme vox popull vox del they, and they alone, may change, modify or totally destroy. I now come to that part of the constitution which, in eXDress terms protects tne rights of man: that nart wnitn secures xo us and our posteri ty tne oiessings'of liberty." That part Is commonly known as our "bill of rights." It is contained in the first 10 amendments, which were practical ly agreed to at the time of the sub mission of the constitution to the people and adopted and made a part mereoi immediately thereafter.

we often take our blessings as a matter or course. We forget how hard It was to obtain them. We do not realize how easy it is to lose them unless, perhaps, we have read the book "It Can't Happen Here," by Sin clalr Lewis. The constitution provides that THIS YOURSELF More than half a million American motorists got into trouble last year. Some waited too long before putting in anti-freeze.

Others either put in straight alcohol or used an anti-freeze containing alcohol (there are approximately 50 such brands of antifreeze on the market sold under various names). And alcohol, as you know, and as they found out, boils off. On the other side of the picture millions of car owners breezed through the winter with Eveready Prestone a worry. If you want guaranteed protection against freeze-up, against rust, all winter long, you want Eveready Prestone. Look up your car on the chart below, see how little it costs for complete protection from now until the flowers bloom in the Spring.

Go to any dealer flying the Eveready Prestone banner and follow the best advice any service man can give you; Los Angeles, Sept. 15. if) Charging theft of her husband's love, Mrs. Christine Fitzpatrick filed a $150 000 damage suit Tuesday against Mrs. Thelma Clark, widow of William A.

Clark, III, grandson of the late Montana copper magnate and United States senator. Mrs. Fitzpatrick said Mrs. Clark r.et her husband, Michael W. Fitzpatrick, purser on an ocean liner, on his run between Los Angeles and Panama last January, enticed him with a display of wealth and finally induced him to resign his position to live at her 4-S Official Statistics today for Eveready Preitone all the rest of the Winter.

15 -5 -w 440. i -14 -19 5 MA -54 sup il -14 i -i 'assssa. a-'l Si -4 'i4 -62 A IA 0 -5. i4 10 i ranch home near Escondldo. Mrs.

Clark's husband was killed In an airplane accident two years ago. The Fitzpatricks married In February, 1931, and have a four-year-old son. -l V. -JS .58 4 M. .11 4 .11 11 -lT 5t 15 ii -1! Va -41 -j 4-S -ft mi tv H.

C. Crlppen, local attorney. In Rn address delivered before a large rieleeatlon of Billines men and worn en, representing various organizations in the city, at the weekly Kiwanis luncheon at the Commercial club Tiiesrtiiv noon, declared that the constitution is the supreme law of the land and defended the part wnicn it. ninvs in the lives of every citizen In the United States. Mr.

Crippcn was introduced by Ernest Marvin, president of the Kiwanis ciuo. The text of Mr. Crippen's address "The Constitution," follows. I wish it to be clearly understood that, in what I shall say nere wuny, there is nothing of partisan politics, I only perform a duty which every citizen should be giaa 10 penuim. speak only of an Instrument which niihiic servant, every member of the bar in short, every man and woman in this country has taken an oath to support, uphold and defend ladies and gentlemen tne consn tution of the United States of Aim-ri ca, "the supreme law of the land." nav after tomorrow is the nnnl versary of the most sacred day in all history, for, on that day, after nearly four months of deliberation, this constitution was finished by the most remarkable body of men ever assembled for ft like purpose.

By their act, they gave birth to a nation at once the admiration ana tne envy t.h whole world. Wonderful trib utes by all men have been paid to their work. Gladstone said of it: "The most wonderful work ever struck off at a given time oy the brain and purpose of man. The constitution was founded upon and given life by the declaration 01 Independence. Without tnat ueciara firm of independence, the constitu tinn would never have been written The supreme court of our land has said: "Our constitution is the body and the letter of which the declaration of Independence Is the spirit and the thought." That declaration declared all men are created free and equal before the law; that all men are entitled to Me, liberty and the pursuit 01 -Happiness; that all power springs rom the people.

These Ideals were sealed with the blood of our fathers fnm TYinutmv throueh Vallev Forge, to Yorktown. That declaration most of nil did awav with the notion there tofore held throughout the world that you, the citizen, existed for the state, and substituted therefore the Pternal truth In the affairs of hu manity that the state is a creation of the people and exists only lor their welfare and happiness, mereiore, this country, you are the state. You are the government. This la so cause of that great written InstrU' ment vour constitution. Let me em phasize this further.

The government cannot create wealth; cannot make monev. Some say start the printing press and print money. To think so is foolish. To attempt to ao it wouia be madness. You might as well say that a bill of fare is a dinner and be satisfied.

If the government could print money, then why pay taxes? That money comes from your labor and mine, from business, from commerce and the various endeavors and enterprises of the citizens. Let me read to you what you have dug up in the last two years and what the government expects that you will dig up in 1937. I read from the president's revised budget estimates: "In the fiscal year of 1935, the expenses of the government were 165.57; in 1936, the expenses of the government were and the estimate for 1937 Is 835,300." Those were the amounts you were expected to pay, but there was a startling deficit. My father UEed to say that there are only two things in this world that a man is sure of, and they are death ana taxes. The latter Just now seems to be the most to be feared, and, to many of us, the former will relieve the situation.

In short, like "Old Man River," the government "don't raise no 'taters; don't grow no cot ton; it Just keeps rollln' along." My prayer' Is that it may continue to roll, but in the American way. But why the constitution? The colonies had severed all ties with the mother country. They had declared themselves free and inde pendent. They had fought their war, seven years' war. They were held together, during its duration, by a common danger.

Their form of gov ernment was a rope of sand, known as the articles of confederation. This form of government served lhe purpose during the war. Its weakness became apparent Immediately alter the war was over. Jealousies arose between the several states. The gov ernment had no stable currency.

It had no power to raise revenue. It could not fulfill Us obligations. It was a government utterly powerless at home and contemptible abroad The nations of the old world, with undisguised satisfaction, were watch lng the new experiment In govern ment and hoping for Its repudiation. The great cause for which so much blood has been spilled, so much suf fering endured was to go out ns a dismal failure. What an appalling emergency I But our forefathers were made of sterner stuff, strong in bone and sinew.

Having a history longer than we have existed as a nation, schooled In adversity, knowing the history of governments, strong In their Individualism, they desired more than Ufa Itself the liberty of the individual. Such men as Paine and Franklin and Jefferson, all of, whom for many years were the champions of and believers In the rights of man, and Washington and Hamilton, who, more than anything else, desired a stable government, did not lose heart. In their lives, as fixed ns the north star In the heavens, was the principle that "governments derive their Just powers from the eon sent of the governed," So, In May, 1787, the constitutional convention convened and created the "last best hope of man" and mny "it not perish from the earth." And what was the purpose of these men? It Is found In tha prenmblo to the constitution. "WE THE PEOPLE of the United States, in order to form a more perfect union, establish Justice, Insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the United States of Ameri- The union certainly had not been perfect under the articles of confederation. Establish justice there had been no federal judiciary.

Insure domestic tranquility all had been bickering, Jealousies and suspicion between the states. There had been no common defense. No armies could be raised, and, if raised, no money to pay. The general welfare had been forgotten because each state thought in terms of itself. Finally, and secure the blessings of liberty to ourselves and cur posterity.

Wonderful men! They did not forget us. Can we, at this hour, say as much? But, most remarkable of all about this preamble are the first thiee words. "WE. THE PEOPLE," written not in small letters, but in 'capital It was not the states as such, "The People." In them is the source of all power and, from that day to this, in every interpretation of that great instrument, this fact has been recognized. When it is not so, when any Stalin, Mussolini or Hitler shall seize the reins of government, then this country in Its present form will cease to exist.

Because the constitution reposes that power with "The People," it has provided for ceaseless change, peace ably brought about to meet changing conditions. Whether those conditions are of the ox-cart age, the horse and buggy age, the automobile age, the airplane age or the age of wings at the day of Judgment. This, I shall endeavor to show you before I have finished. Think of what these men faced what they had to contend with 13 separate states, each with a history of 150 years; the Jealousies that had to be soothed; the rivalries that had to be quieted1; the desires that had to be satisfied; fears that had to be allayed; the small states feared the large states; each had commerce of its own; some had harbors, others not; boundaries were in dispute; the Interests of the north and the south were in conflict; the Independence of each state, each proud of Its history; the people of each attached to their local government, and all fearful ana distrustful of a strong central gov ernment to which each, at least In measure, must surrender its sov ereignty. The larger states demanded that representation should be based on population; the smaller that rep resentation should be based on state They wanted each state to have one vote.

A compromise was finally reached so that there was house responsive to the people, which we know as the house of represcnta tives, and a house representing the state as such, which we know as the senate. The most serious difficulty was ex perlenced In defining the powers of the general government and the ex tent of that power, what rights and what powers should be reserved to the states. Finally, it was decided to leave to the general government all objects of government which were national in scope, such as commerce coinage, that is all objects that affected generally all of the people of the states then existing and those to be created thereafter. All other pow ers were left to the states. Certain definite, designated and enumerated powers were granted to the general government.

Then there was this language: "The powers not delegated to the United States by the constitution, nor prohibited by it to the states, ere reserved to the states respectively, or to the people." Their knowledge of statecraft end the history of governments taught them that the local affairs of the 13 states could not be directed from Washington. They foresaw the bureaucracy of today, a bureaucracy that has been brought about by the tendency of the present times to have everything done from Washington. Paternalism Is dangerous In any form. Government bureaus -nust have government employes. Those employes must be paid.

Many bu reaus have been created In the last three years. Try to find out how many. It varies from time to time but never diminishes unless the su preme court passes the death ten- tence. Fifty years ago, approximate ly one man in 4i3 was an office-hold er. Today, approximately one in 11 At the present time, you can remove five who are on relief, thus leaving approximately six to support the one If we keep on, It will not be long until we consume ourselves.

With regard to the power of the general government and the duty of these states, President Coolldge, in 1926, said: "If the federal government should go out of existence, the common lun of people would not detect the difference In the affairs of their dally life for a considerable length of time. But ir the authority of the states were struck down disorder approaching cnaos would bo upon us within 24 hours. No method of proceduro has ever been devised by which liberty could be divorced from local self-government. No plan of centraliza tion has ever been adopted which did not result in bureaucracy, tvrannv, Inflexibility, reaction, and decline. Of ail forms of government.

thos ad ministered by bureaus are about the least satisfactory to an cnllchtened and progressive people. Being it responsible they become autocratic, and being autocratic they resist all development. Unless bureaucracy is constantly resisted It breaks down representative government and over- whelms democracy. It 1j the ona clement In our that sets up the pretense of having authority over everybody and being responsible to nobody. "While we ounht to glory In the union snd remember that it the source from which the states derive their chief title to fame, wo must Alt-o recognize that the national art minis tration Is not and cannot be adjured to the needs of local government.

and quartering was carried out. After the second man was executed the third man was brought forward. His ears were filled with the shrieks and the moans of his companions and his eyes with every detail of the contortions. He was cut down too soon, and lastly and desperate, he fell upon his executioner. The crowd made a ring and watched the fight.

Then two stalwart fellows rushed forward and this victim too was disemboweled and quartered." The law authorizing such executions was not repealed in England until 1870. The citizen's home is protected against unreasonable searches and seizures. In prohibition days, as you well know, had it not been for the courts especially the supreme court no man would have been safe in or out of his home. Suspicion would have taken the place of reasonable and probable cause. How Important is the right of trial by Jury.

Think of one man like Hitler, in our present day, being Judge, Jury and executioner and beheading 200 people, so-called enemies of the state! Do not be misled by those uho would leave questions of fact to the Judge instead of the Jury. The Judge is presumed to know the law, but, on a question of I would rather trust 12 men than one. More often than not, a Judge is not familiar with the various vocations and callings of mankind. Being a Judge does not change the passions and prejudices of the Individual. The Jury system has been established in English law for nearly a thousand years, and must be preserved where a question of fact is to be decided.

The constitution provides for freedom of the press and freedom ol speech. Do you suppose, for one moment, that a campaign such as the one that Is being carried on now would be permitted in Russia, Germany or Italy? But, In this country, it is that without which this country could not exist. "It Is for the press, the press that photographs the human activities of every day, the press that gives the news of the world to each individual to bend Its mighty energies to the unification and the civilization of mankind; to the destruction of provincialism of prejudice; to the exter-pation of ignorance and to the creation of a great and splendid patriot-Ism that embraces the human race." Expression, whether it be face to face, over the radio, or through the press, must be free if we would retain our At the head of the editorial page of the United States News, David Lawrence has placed this sentence from Voltaire: "I wholly disapprove of what you say, but will defend to the death your right to say it." But the crowning glory of our Bill of Rights is in the first amendment to the constrtution: "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof." The grandest, the most sacred line ever written by the hand of man. Why did they do it? They could hear the cracking fagots about the feet of Bruno in Italy and Servetus in Switzerland I one Catholic, one Protestant. They knew of the thousands killed in Paris on St.

Barthelomew's eve, the victims of bloody Mary in England, the hang ing of witches in our own country, the banishment of Roger Williams, the cruel laws of many of the col onies; all In the name of religion, in the name of a Just God, in the nune of the forgiving Christ. With sword and flame, with thumbscrew and rack, with broken bones and every conceivable torture, each sect strove to convert the world. To put chains upon the body is cruel. To put man acles upon the soul Is Infamous. Now, gentile and Jew, Protestant and ustn-ollc, of whatever belief or creed can walk frep and unmolested to their accustomed places of worship and there, seek solace and comfort.

Their faith may not be yours, it may not be mine, but he who would place a straw in the way of their footsteps would not be a good citizen of the great republic. Yes, he would be worse than a criminal. I believe In this particular amendment with r.ll my heart and soul, ana tins is pure ly selfish because I wish to believe according to my own desire ana witn-out interference. With all this wonderful machinery of government, with this marvelous protection of human rights proviaca by your constitution, what think you of that blatant Jester of the NRA who said "The constitution Is Just a foil for clever fencing an antediluvian JJke to be respected In public like a sncred cow and regarded In private somewhat as Gertrude Stein probably regards the poet Tennyson." Finally, that great Jurist, udici Justice Marshall has summed It all up in the early case of Cohens v. Virginia: "The people made the constitution, and the people can unmake It.

Jt Is the creature of their will, and lives only by their will. But this supreme and Irresistible power to mako ir to unmake resides only In the whole body of tho people; not In any subdivision of them. The attempt of my of the parts to exercise It Is usutpa tlon, and ought to be repelled by those to whom the people have delegated their power of repelling It." "Eternal vigilance Is the price of liberty." Never In our history was the vigilance more demanded than It Is today. On guard every lover of constitutional government, of constitutional liberty. This Is the land of our fathers.

This our land, and may It be the land of our children. "Breathes there the man, with soul so dead Who never to himself has said, This is my own, my native lnnd! Whose heart hath ne'er within him burned As home his footsteps he hath turn'd or those who fear that what they me anxious xo accomplish may not be sanctioned by the sovereign people if it is referred to them." That Is, public officials are not to crawl under the constitutional tent YOU CAN SEW MARIAN MARTIN BIDS YOU "TAKE THE WRAP" IN A SMART MORNING FROCK. M0Ofl -4 tlVe Vs.asJ. Buick I 9 4-14 Sund; a -J MMo4el-'J sassr. 74 i mi; T5, 1 Hud" 126.

'SJ -27 ii PATTERN 9972 When a busy homemnker finds a pretty wrap-around as simple to sew as this gay frock, she will make several of them in different colors to brighten up her morning chores. Pattern 9972 is made of a minimum of easy pieces. Cut it out sew it up add the adjustable belt which ties Into a perky little bow at the back puff or flare the comfy sleeves, stitch on the handy pocket, smooth out the notched re-vers and in less time than It takes to tell, you will have one of the daintiest house frocks you have seen in a long time! So easy to Iron, too is this Jolly style, and cheery as can be In printed percale, crisp gingham, or broadcloth. Complete diagrammed Marian Martin sew chart included. Pattern 9972 may be ordered only In sl.es 14, 16, 18, 20.

32. 34, 36, 38, 40, 42 and 44. Size 16 requires 3J yards 30-inch fabric. Send 15 cents in coins or stamps (coins preferred) for each Marian Martin pattern. Be sure to write plainly your name, address, and style number.

BE Sinn TO STATE SIZE Be sure to order the new Issue of our Marian Martin pattern book I Be the first to wear the latest fall mod els that it shows for home, buBlne-s, hopping, sports, parties. See the thrilling pages of special slenderizing designs the clever models for children, growing girls, debs the latest fabrics and costume acces sories, Book 15 cents, pattern 15 cents. Twenty-five cents for both when ordered together. Address all orders to The Billings Gazette Pattern department, 233 West Eighteenth street, New York, N. Y.

Flower pet als arc cob led wit tiny globules of natural oils, differing In composition in ach flower, and thee give off tho frugrant scent. EVEREADY PRESTONE 9972 If THE GUARANTEED ALL-WINTER ANTI-FREEZE Tit words "Evtresdy Preston" rt tit trdt mark SatJful Orb Ctmpiny, Int. From wandering on a foreign strand If such there breathe, go murk.