The Bismarck Tribune Newspaper, January 6, 1936, Page 5

# EXHIBITS FOR SLOPE POULTRY SHOW ARE AB. STARTING 10 ARRIVE 72 Birds Received as Commits {effective for farmers and raise the { tees Make Last-Minute Preparations First entries in the Slope Poultry Show were received here Monday as | committee heads worked feverishly to complete arrangements for the 16th annual event, opening Tuesday. Approximately 70 birds from 11 ex- hhibitors had been received at noon Monday with many more expected to arrive on afternoon and evening trains. The deadline for entries is Wednesday evening. Early entries \indicate that the ex- hibits in the 4-H clubs section of the show will rival in numbers those in the regular classes, Phil W. Starkle, secretary of the Slope association, Five 4-H Exhibits Arrive Five club exhibits were included in the first 11 entries received. Last year only 55 birds competed for prizes in this section as compared to 373 turkeys and chickens exhibited in the said. regular classes, First exhibits were received ‘from Mrs. Albert Johnson, Mrs. Edith R. Sundquist, Leona Sundquist and Mar- lyn Johnson, all of Wilton, and Stan- ley Francis, Alex Anderson, Robert Anderson, Anton Anderson, Donald Falconer, Hazel Falconer and Billy Falconer, all of Bismarck. Stanley Francis, show superintend- ent, and a staff of assistants began Monday the task of setting up the rows of coops on the floor of the ‘World War Memorial building. Tues- day will be devoted entirely to regis- tration of entries with the formal op- ening of the show set for Wednesday. { Judging Begins Wednesday O. J. Weisner of the 8. D. Agricul- tural college extension departmen: and Frank E. Moore of the N. D. A C. plan to arrive Wednesday to begin 500 exhibits to be shown. the work of judging the approximately These two men, assisted by County Agent H. O. Putnam, will conduc: sessions of the poultry show schoot seheduled for Wednesday and Thurs- day afternoons, Invitations have been extended to all poultry and turkey! producers in the state to attend. Special features of the four-day event will be the special exhibit of the state agricultural college extension department and the booths of com- mercial companies, all of which are developed along educational lines. Entire Program NTINUE D Unconstitutional to do originally, something it did not have the power “Congress might redistribute the entire industrial population if this act were, upheld,” he said seriously. “The United States government could destroy local self government.” read the dissenting opinion. jissenting Opinion Read As soon as he finished Justice Stone “The present stress of widely held and strongly expressed difference of opinion of the wisdom of the agricul- turai adjustment act makes it impor- } tant, in the interest of clear thinking i and sound result,” he said, “to em- tions which should have controlling i : phasize at the outset certain proposi- \ influence in determining the validity i of the act. “They are: “1. The power of courts to declare { a statute unconstitutional is subject } to two guiding principles of decision judicial consciousness. not with their wisdom. A 4 self-restraint. ment. Cites Self-Restraint “The other is that while unconsti- tutional exercise of power by the exe- cutive and legislative branches of the government is subject to judicial re- straint, the only check upon our own exercise of power is our own sense of which ought never to be absent from | “One is that courts are concerned only with the power to enact statutes, “For the removal of unwise laws * from the statute books appeal lies not ‘to the courts but to the ballot and to the processes of democratic govern- . “2, The constitutional power of con- gress to levy an excise tax upon the processing of agricultural products is not questioned.” had been to give farmers prices for their products. The announced goal of the AAA “parity” Parity prices were considered those which would enable the farmers to ; the “fair exchange value.” buy now the amount of manufactur- ed goods they could have bought with the cash their crops brought in on the average between 1909 and 1914. ‘Fair Exchange Value’ | Parity prices also were described as| A recent AAA- compilation showed prices received by farmers for their products was averaging 86 per cent of parity. This was a gain of 8 per cent over the same date in 1934. The AAA attempted, it was said, to make benefit payments which, added to the farm values for crops, would give the farmers a parity price in- come for their labors. Recently, only two types of tobac- co and milk retailed directly by farm- ers were above parity. Hogs, rated at 105 per cent in Oct- ober, were 94 per cent; was more expensive, $378,000,000. Meat packers, wheat millers and ection spinners paid in about two- thirds of the processing taxes. The last figures showed hog levies collect- cotton, $243,- ed wer $267,216,306; cotton, 74 per cent; wheat, 80 per cent; corn, 70 q Per cent and rye, 45 per cent. Called AAA Permanent Only Monday President Roosevelt ' informed congress he was removing | AAA from “emergency” status to that. of a regular government activity. In|‘ Spend as the act undertakes to | his budget, he asked appropriation of $499,000,000 to carry it through the fiscal year beginning July 1. Since May, 1933, over $1,127,000,000 has been paid farmers for crop ad- justments, The corn-hog program amounting to 139,394, and wheat, $247,228,745. Officials estimated that over $150,- 000,000, in processing taxes now were ® impounded in the courts under in- junctions granted since last spring. | These funds now. evidently will be re- turned to those who sued. News Spreads Quickly + The news spread ‘quickly about the | city limits. THE BISMARCK TRIBUNE, MOGNDAY, JANUARY 6, 1936 5 senate chamber, coming during the reading of the president's budget mes- sage. is Wide grins appeared on the faces ot several Republican senators and general conversation became so wide- spread on both sides that the vice president rapped for order. Senator McNary, the Republican leader, planned soon to introduce a farm plan providing three optional methods designed to make the tariff farmers’ world peace for surplus crops. * They are the old export debenzure plan, the equalization fee vetoed twice by President Coolidge and the Democratic allotment plan. “None of these require processing taxes, acreage control or benefit pay- ments and all are, constitutiorfal,” he said. Speculation flared as to whether President Roosevelt might seek re- election on a platform of sweeping constitutional change. Political observers agreed there would be considerable support of the farm belt for a constitutional amend- ment authorizing resumption of the flow of benefit checks. No Reply to Gossip Some suggested an effort might be made to swing this sentiment behind a broad amendment giving the gov- ernment specific power over industry as well as farming. But there was not immediate word of any kind from the White House. The president’s comment at the death of NRA, that it had taken the country back to “horse and buggy” days, and his more. recent assurances that the farm program would go on in some form, were recalled at the capi- tol. | In his annual message Friday night, he told the congress it could find means to protect its “prerogatives.” Since the Roosevelt “horse and | buggy” comment, Mr. Roosevelt has: been careful to refrain from discussing the possibilities of changing the con- stitution. Administration spokesmen have kept the issue constantly alive in speeches over the country, however, contending the people have a right to change the basic law whenever they wish. Reject Two-Statutes Claim The court majority flatly rejected the government's position that the AAA should, in effect, be considered two statutes, one levying a tax and/ the other appropriating public money. bs, the novel suggestion that the two statutes enacted as parts of a single scheme should be tested as if they were distinct and unrelated,” the lopinion said, “we think the legislation now before us is not susceptible of such separation and treatment. “The tax can only be sustained by ignoring the avowed purpose and oper- ation of the act and holding it a meas- ure merely levying an excise on proces- sors to raise revenue for the support of the government.” “,.. The tax plays an indispensable part in the plan of regulation. “As stated by the agricultural ad- justment administrator, it is ‘the heart of the law’; ‘a means of accom- plishing one or both of two things in- tended to aid farmers secure parity. prices and purchasing power’... . Whole Revenue Aids Act “The whole revenue from the levy is appropriated in aid of crop con- trol; none of it is made available for general governmental use... “The statute not only avows an aim foreign to the procurement of revenue for the support of government, but by its operation shows the action made upon processors to be the necessary means for the intended control of ag- ricultural production.” Concluding this discussion, the ma- jority held that “the act is one regulat- ing agricultural production; that the tax is a mere incident of such regula- tion, and that the respondents have standing to challenge the legality of the exaction.” Turning to whether the law was Proper under the general welfare clause, the court held that the United states was a government of delegated powers, “The same proposition, otherwise stated, is that powers not granted are prohibited,” it said. “None to regulate agricultural pro- ; duction is given, and therefore legisla- tion by congress for that purpose is forbidden. ..” Raises Tax Question The court raised the question whether if taxing power could not be used to enforce a regulation of mat- ters of state concern, coulg it be used to raise money to “purchase com- pliance which the congress is powerless to command.” “The regulation is not in fact volun- “The farmer, of course, may refuse to comply, but the price of such re- fusal is the loss of benefits. “The amount offered is intended to be sufficient to exert pressure on him to agree to the proposed legislations. “The power to confer or withhold unlimited benefits is the power to coerce or destroy... “But if the plan were one for pure- ly voluntary cooperation it would stand no better so far as federal power is concerned. Reserved to States “At best it is a scheme for purchas- ing with, federal funds submission to federal regulation of a subject reserved to the states ... “The congress can not invade state jurisdictions to compel individual ac- tion; no more can it purchase such action... 3 “The United States can make the contract only if the federal power to tax and to appropriate reaches the subject matter of the contract ... “Congress has no power to enforce its commands on the farmer to the ends sought by the agricultural ad- justment act. “It must follow that it may not in directly accomplish these ends by tax- ing and spending to purchase com- | pliance. | | “The constitution and the entire plan of our government negatives any such use cf the power to tax and authorize. ;, “It does ‘not help to declare that j local conditions throughout the nation have created a situation of national concern.” PENSION CAUCUS SET | &t. Paul, Jan. 6.—()—A majority caucus on the controversial old age pension bill, has been scheduled some time this week by leaders-in the: house, Representative Roy E. Dunn, Pelican Rapids, chairman of the rules committee, announced Monday. WPA TRUCKERS STRIKE Minneapolis, Jan. 6.—(?)—Protest- | ing a rotation system for use of their \ vehicles, independent truck owners | ' called a strike for Monday on a WPA belt line highway project west of the (RESIDENCE. RULING ISSUES BY SATHRE Time During Which Person Gets Aid From RRA Is Nub of Decision Time during which a person re- ceives subsistence aid from the Rural Resettlement administration shall be excluded in computing length of resi- dence in a county for purposes of ¢s- tablishing legal residence, State At- torney General P. O. Sathre ttled Monday. Sathre’s opinion was in response to @ question raised by E. A. Willson, ex- ecutive director of the state welfare board. Willson asked whether a person who receives assistance from the re- settlement administration for sub- sistence purposes and does not have @ legal residence for poor relief pur- poses in the county will be able to es- tablish legal residence during the time he is receiving subsistence aid from the resettlement administration. Sathre quoted Chapter 119 of the 1935 Session Laws, pointing to section four of the act in support of the opin- ion. The section provides “The time during which a person has received relief from the poor fund of any coun- ty, and/or from funds provided by the state and/or by the federal gov- ernment, shall be excluded in deter- mining time of residence.” “Chapter 119 clearly answers this question,” Sathre said. “It is clear the time during which relief is received from any of the funds mentioned in the statute should be excluded in de- termining residence requirements for poor relief purposes.” Ce = Withholds Estimate On How Much Cash Government Needs expenditures, he arrived at the partial estimate of the 1937 deficit—$1,098,- 000,000. " Hints at Relief Costs This compared with an estimated $3,234,000,000 deficit at the end of the current fiscal year on June 30—a dif- ference of $2,136,000,000. Mr. Roo- sevelt's nearest hint of how much fu- ture relief requests may be was: “I do not anticipate that the need for additional relief funds will be as great as that sum ($2,136,000,000). “To state the case even more preci- sely, the gross deficit of the govern- ment in 1934 was $3,989,000,000; in 1935, $3,575,000,000; in 1936 (estimate) $3,234,000,000; and in 1937 (estimated but not including any new appropria- tions for work relief) $1,098,000,000.” While the absence of requests for new taxes was stressed, the president included two reservations: Sees Contingencies 1, He repeated that if taxes are invalidated by the supreme court, “we will have to face the pro- blem of financing existing contracts for benefit payments out of some form of new taxes.” - 2. If congress votes expenditures outside of budget estimates, “I strong- ly urge that additional taxes be pro- vided to cover such charges. “It is important as we emerge from: the depression that no new ac- tivities be added to the government unless provision is made for addition- al revenue to meet their cost.” Asked whether this position applied to the cash bonus issue, the presi- dent told newsmen it was just a gen- eral statement apropos of government solvency. : “We can look forward today to a continued reduction of deficits, to in- creased tax receipts and to declining expenditures for the needy unem- ployed,” the message said, in empha- sizing repeatedly that an estimated jump of $716,665,000 in 1937 tax re- ceipts over 1936 was “due largely to increased collections anticipated un- der the old (tax) schedules” rather | than to new taxes. Sees Big Income Increase Especially evidencing expected bus- iness improvement was a forecast that | 1937 income tax collections would in- crease half a billion over 1936's esti- Tated $1,434,000,000. The New Deal policy adopted in 1933 “‘to stop the downward economic spiral,” the president said, was “pre- <eehmaa on two interdependent be- Ss, “First the measures would immed- jately cause a great increase in the annual expenditures of the govern- ment—many of these expenditures, however, in the form of loans which oa ultimately return to the treas- “Second, as a result of the simul- taneous attack on the many fronts I have indicated, the receipts of the government would rise definitely and Sharply during the following few years, while greatly increased expend- iture for the purposes stated, coupled with rising values and the stopping of losses would, over a period of years, diminish the need for work relief and thereby reduce federal expenditures. The increase in revenues would ulti- mately meet and pass the declining cost of relief... . Sees Continued Success “There is today no doubt of the fundamental soundness of the policy of 1933. If we proceed along the path we have followed and with the results attained up to the present time we shall continue our successful progress during the coming years... . “The finances of the government are in better condition than at any time in the past seven years... . The budget reflects a substantial decrease in the spread between income and outgo.” Mr. Roosevelt estimated gross re- ceipts for the new fiscal year at $5,- ‘LIONS CLUB PLANS | ’36 CIVIC PROGRAM ! Peterson, Calnan, Couch, Strauss Are Main Speak- i ers at Luncheon Bismarck Lions cast an appraising eye over the accomplishments of the past year and speculated on what the new year will bring in the way of civic progress at the regular luncn- eon meeting Monday noon. Fred Peterson gave the pvincipal informa] talk in which he outiined t!.e work done in the city: during 1935 and pointed out what might be ex- pected along business, professional and educational lines in 1936. He pointed out the construction of the postoffice addition and the oil- surfacing of the Fort Lincoln road as projects to which the club might well lend support in the current year. Other speakers on similar subjecis were J. W. Calnan, William Couch and Dr. F. B. Strauss. President b2 Klein read an article from the Lio.is International magazine in which the activities of the club during the past year were summarized. Scoutmaster Charles Schatz repor:- ed on the progress of the Lions troup and reviewed advancement made in the year just ended. New Drivers’ Permits Placed on Sale Here} Charles Fisher, Burleigh county clerk of court, has received the new state drivers’ licenses at his offices in the court house but does no: an- ticipate a heavy demand for the per- mits until there is a let-up in the present cold weather. A ruling from the attorney gen- eral’s office requires that moiorists get their new licenses this month, but because of the extreme cold and snow-blocked highways, many auto- mobile owners have put up their cars, for the winter and will not be need- ing the permits until spring, Fisher 564,217,650 gs compared with $4,410,- | Said. 793,946 for the current period. Aside from a general revenue rise |% based on business improvement, the 1937 total included $547,000,000 of so- cial security, rail pension and Guffey coal law taxes. Outlay Decreased Gross outlays for 1937—including the $1,103,000,000 carryover for relie: but no additional demands to be estt- mated later—were put at $6,752,606,- 370. This compared with $7,645,301,338 for 1936, The public debt estimate for next June 30 was $30,933,375,017. Last oaat it was forecast at $34,238,000,- Major increases in estimated 1937 expenditures included $610,000,000 for the social security, rail pension, Guffey Coal and other new laws; a $193,000.000 boost to put national defense funds at a record high; $228,000,000 more money to make $405,000,000 available for ma- Jor public works. Among decreases was elimination of the annual $125,000,000 road appro- priation; the temporary decline in work relief demands; a year’s delay in bulding the army’s enlistment strength to 165,000 men; $308,000,000 less for the CCC and an absence of new funds for a number of “emergency” activi- ties such as direct relief and the defunct NRA. Recommendations Few The president’s legislative recom- mendations were few. He did ask re- peal of last session’s appropriation of | City and County i AERtek dneceoteitetsamce eek John R. Fleck of the Fleck Motor company of this city and Philip Blank and Fred Schultz, Mandan, left Mon- day for Fargo to attend an automo- bile dealers meeting. They are ex- pected to return Tuesday. Callers at the county superintend- ent’s office in the court house Satur- day included Mabel Peterson, Aber- deen; Katherine L. Welsh, Mandan; Margaret Apley, Fort Rice; Helen Fer- ris, Burnt Creek, and Cora deVee Richards, Wilton. CURB STOCKS New York, Jan. 6—(?)—Curb: Cities Service 3%. | Elec. Bond é& Share, 17%. ja sum equal to 30 per cent of customs receipts to the secretary of agricul- ture for encouraging the exportation and domestic consumption of agricul- tural commodities. Amendment of the controversial recommended along lines to be sub- ‘mitted by Secretary Wallace. Legis- \lation was sought to put all federal agencies, including government-owned and government-controlled corpora- ions, under the budget director’s au- thority with respect to apportionments compulsory potato control law wasj Pertinent Points That Killed AAA r ° Washington, Jan. 6.—(?)—Here are the highlights of ‘the supreme court's majority opinion Monday invalidating the AAA. its commands on the farmer to the ends sought by the agricultural ad- justment act. “It must follow that it may not in- directly accomplish those ends by taxing and spending to purchase com- pliance. “The constitution and the entire plan of our government negative any such use of the power to tax and to pa as the act undertakes to auth- orize.” : “The act invades the reserved rights of the states. “It is a statutory plan to regulate and control agricultural production, a matter beyond the powers delegated to the federal government.” “The regulation is not in fact vol- untary. . but if the plan were one for purely voluntary cooperation it would stand no better so far as fed- eral power is concerned. At best it is a scheme for purchasing with federal funds submission to federal regula- tion of a subject reserved to the states.” “If the act before us is a proper ex- ercise of the federal taxing power, evidently the regulation of all indus- try throughout the United States may be accomplished by similar exercises of the same power.” “Until recently no suggestion of the existence of any such power in the federal government has been ad- vanced. “The expressions of the framers of the constitution, the decisions of this court interpreting that instrument and the writings of great commenta- tors will be searched in vain for any suggestion that there exists in the clause under discussion or elsewhere in the constitution such power.” Minnesota Governor Recovering Rapidly Rochester, Minn., Jan. 6.—(#)—Con- tinued improvement in the condition @)|of Governor Floyd B. Olson was re- ported Monday at the Mayo clinic, @ week after his stomach operation. Dr. Waltman Walters, operating surgeon, sald the governor spent “a very good night” and would be per- mitted to leave his bed again for a short time. “He sat up Sunday and took a few steps,” Dr. Walters said. NEW YORK BONDS New York, Jan. 6.—(#)—Bonds close: Great Northern 7's of 1936, 102%. First Cass School Leader Dies Monday Fargo, N. D., Jan. 6.—(?)—Mrs. Mat- tie M. Davis, 81, first woman to serve as county superintendent of schools in Cass county, died Monday follow- ing an extended illness. alty of a year’s imprisonment for any colonist absent from church services ; three times without valid excuse. TOO LATE TO CLASSIFY REDUCTION in price but not in serv- e at the Prince Barber Shop. Hair | of appropriations, cut 35c, hand massage, 35c. * | = | Early Virginia laws provided a -pen- EMMA SCHNEIDER'S Farmer She Spurned Com- mitted Suicide Minot, N. D., Jan. 6.—(4)—After passing a satisfactory week-end, Miss ; Emma Schneider, shot Thursday near Garrison by a spurned suitor, Monday was in an improved condition in a local hospital. It is believed her con- dition no longer is critical. The 23-year old rural school teacher, former student at the Minot Teachers college, has maintained a cheerful at- titude about her own condition, but has been curious about the fate of | Robert Eslinger, who shot her. “No one will tell me what Robert did with himself,” she said. “I don’t understand why everyone must be so secretive.” Eslinger, the 28-year old farmer |whose affection the teacher did not return, was buried Sunday at Garri- son. He had taken his own life at a one-room schoolhouse 14 miles north- west of Garrison, where he had at- tempted to kill the girl who would {not marry him. Mikal Sorstokke, 58, Is Buried at Center Center, N. D., Jan. 6.—Mikal Sor- stokke, 58, resident of Oliver county since 1902, was buried here recently. Mr. Sorstokke was born Jan. 11, 1877 near Kapervik, Norway. He came to CONDITION IMPROVES “Congress has no power to enforce| Feacher Still Unaware Young | Portland, N. D., in 1896 and two years | later moved to Sharon. In 1901 he was married to Miss Bertine Snort- land and in 1902 moved to Oliver county where he took up a homestead claim. He leaves his widow; five chil- dren, Andrew, Minnie, Carl, Melvin and Harold; three grandsons and | three sisters and one brother in Nor- way. Cart Is Appointed To Study Bus Issue Appointed a member of a special committee from the national associa- tion of railroad and utility commis- stoners to work with the bureau of motor carriers of the interstate com- merce commission, Elmer W. Cart, North Dakota railroad commissioner, was en route Monday to Washington, D.C. The appointment was made by Frank P. Morgan of Montgomery, Ala., president of the national asso- ciation, at the suggestion of John L. Rogers, director of motor transporta- tion of the I. C. C. The special committee meets this week to coordinate, for operators of motor trucks engaged in freighting nd passenger transportation, rules and regulations that will be uniform as possible “throughout the United States in connection with safety, speed, insurance, and lighting equip- ment of interstate motor carriers, Itching, or Acidity try the @ Doctor's Prescription Cystex(Siss-tex) Cy yOtOX clit’ 8% 709 UP or money back, Only 75# at druggists, elp Kidneys If poorly functioning Kidneys and Bladder mabe you sulfer from Getting Up Nights, Nervousness, Rh | Pains, Stiffness, Burning, Smarting, qe “hee = HON eek “ \ | | 202 Fourth St. Attend Our Annual January Fur Sale Sensational Reductions Take this opportunity to own a guaranteed State Fur Coat and join the host of satisfied customers who laud the style, quality and beauty of State Fur Coats. Selections are wide—Re- ductions are astounding— Values were never greater! . Acomplete stock of coats in all furs is included in this great sale. Reductions of 15%, 20% and 40% Convenient terms may be ar- ranged at no extra charge. FUR CO. “Manufacturing Furriers” Bismarck, N. D. Phone 496 (© 1006, B. J, Rervoids Tod. Co. AMEL’S “TRY 10” OFFER convinces Camels are made finer, MORE EXPENSIVE FAY from TOBACCOS — Turkish and Domestic ~ than any other popular brand. igned} R. J. REYNOLDS TOBA WINSTON.SALE: Knowing the finer, more ex- pensive tobaccos used in Camels, we make this offer . . . confident that you'll find your ideal ciga- rette in Camels.... For experi- ence shows that people quickly "sense the difference in Camel's COSTLIER TOBACCOS! Camel must please you, o They IM SO GLAD I TRIED CAMELS NEW THOUSANDS IN BISMARCK! set