The Daily Alaska empire Newspaper, May 12, 1927, Page 8

3§ ! | — | i { LONG ARGUMENT ON INJUNCTION BY WICKERSHAM Contends Items Attacked by Him Have Not Been Leg- | ally Appropriated. (Continued from = One.) sham declared: “Overtime is one of oldest forms of graft,” and Congress has sought for many vears to guard against it by prevent allow Bart payment of overtime. The ance of $150 each for Senator y Howard and Representative Sumne Smith, for services after adjonrnmer a mere effort to give them a little more money m violation of the law.” i He contended their work s through with when the adjourned sine die. Every day during the session they signed th and when they affixed atures to the journal of the proc | ings of the final day, they picked ! up their hats and walked out, ang their work was dome, he argued. Ap propriations for overtime, ete., hej termed as illegal and made without | authority of law. No Law, No Appropriation Yesterday afternoon Ju. Wicker sham argued against the items ap propriated for the Governor's office He doclared the Legi had pe ed any law author appropriations, and “there being no ! law there can be no appropriations " It n't* sufficient, he contended, | to include such items in the appro priations bill. It was and 15 the pur pose of Congross to keop separate and distinct the Federal and Te ritorial governments and a«-tion whic would nullify that purpoce, he urged, is null and void. He contended neith- | er the Governor mor hi: Secretary | journals | ure mnever | could hold any office unisr the Ter-| ritorial government. Any legislation | which sought to give them such offices was unconstitutioncl Mr. Hellenthal, who preceded him had argued the Legislat had all | the necessary power to make itseli| useful. During the course of his r..‘| marks, Judge Wickersham retorted | that no Legislature coul! be useful | which violates the Constitution of | the United States, and added: “Jt then becomes a menance to Govern- ment."” Officers Are Represented . George A, Parks and Secre- 1l Theile yesterday afternoon came directly into the injunction suit brought by Judge Wickersham against Treasurer W. G. Smith, being given pern ion by Judge T. M. Reed to| file complaints in intervention against the suance of the permanent re straining order songht by Judge Wickersham, The admission of the {wo office was strenuously opposed by the plaintiff, who questioned their right to intervene and the right of Hellen thal & Hellenthal to represent them in the hearings. His objections werc | overruled by Judge Read, and de murrers entered to the complaints in intervention were taken under con sideration. Rustgard Quotes Statutes Attorney General Rustsard opened the debate yesterday afternoon, speak-: | ing on Pkis own Gemurrer to Judge Wickersham’s original complaint. He seid he was not going to argue any questions of law on_any of the issues for the simple reason that the At- torney General's office had at various times taken a position not far dif-| ferent from that which Judge Wicker sham occupied on some of the items. He recited what he believod to be the questions to be decidad an quoted statutes he considered to bo governing. He expressed no opinion as to the legality of the appropria tions attacked, but the frend of his argument seemed to indicate his doubt of the validity of a° !east some of them, | Had No Official Opinion The Attorney neral disclaimed holding any official opinion and saidl his client, Tr urer Smith was mere ly concerned to the extent of having the Court rule on how far he migh. go under the appropriaticns act. “What 18 your view about it?" ed Judge ¥ , “l am merely raising these ques- tions,” responded Mr. Rustgard. “Judge Wickersham wil! probably ask Give the Watch— The Graduate Prefers Young folks today have very positive preferences. They i bope for more than simply a watch. Trim smartness, accurs acy, and & timepiece which they will be proud to show their friends, is assured in the sclection of a Gruen Watch, THE NUGGET SHOP j/7. N W) enactment of laws to | g such |, {to make jraise them,” commented Judge Reec | |or utensils so used becomo potential drily | bearers of the disease To which the Attorney General re- | Purposes cf “Clean-up” plied “Under the circvmstances o “The remedy or tha protection 2 no Hfficial opinion.” adding his | against the transfer to or amon iterest ond that of Mr. Smith wa | individuals of disease, is versonal and to have thoir rights defimed ! | community cleanliness “nd to Power of Legislature Opening the ument against the complaint, J. A. Hellentnal, whose! firm appeared for the Governor, the | munities. Nothing is mo’e wholesom {Secrotary and the Treasurer, de- {and protective than plenty clared the main question to be de soap and water, whether applied termined was: “Did the son, literally, or o the com Legistature Py DeVighne Gives Reasons (e »e of the ritory have the power| munity at la tiguratively to make the appropriations referrea | f()r Annual Cleaning Up is a fact that was not rec ito in the Complaint?” Such power, | o in the Middle Ages, and of Communities. he assertcd is inherent in the Legi ilature; that it was well within its, {power to make itself useful, and that thera hed been mo limitations placa: unkept, weedgrown andinnt, and their gre jon it by Congress which would tend littered streets, vacant lots and vards, |que largely, if not entirely, to in- to obstruct its usefulness tare signposts of sickness and disease,|sanitary conditions. Today in the He pointed out that tae Territory according to Dr. H. C. DeVighne, Com- | humblest of homes and 1 the most commiunities The black death fatal infections w plague. and othe: commonly t virnlence | Unsighty would practically cease o functior |m'ssioner of Health for the Territory, | remote and = obscure S0 far as executive administration is'Who today issued a statement on|knowledge of the cause of d concerned if the restrpint sought behalf of the local clean-up and paint-fand means of preventing them ¢ were granted: that the aporopriations |UD campaign | which were denied royaliy a century attacked are virtually identical in| Epidemics of various kinds havo | 280 e ‘_ : form and substance to similar items |ofien swept through communities be-| ~HYgienic habits and their promy ires; that ; tion among all groups, particularl wuse of unclean public places am | s i public places and|, ..o children, ofter tho ivate ropertis + PO e e properties, ho pointed out. | promise of prevention of he pe ed by microbes in 4 . : q and infectious diseases. It is less today than | tial that the present due, witnout doubt | ¥ provided by past Legis these laws had been submitted to Congress repeatedly and it had nev raised any objection to them. Helequsing cited specific statutory awhority €0 ! former the imposition of additional duties ou iy an awakened intere the oxecutive branch of the Terri-! torial Government and asserted there | was no inhibition placed against tho! Legislature which rendered it powe greatest dangerou is essen ration he | made to realize the importance of : st in personali, “ojoan hody and a clean community and community cleanliness. Micro-| 3 “ 08 (OFS T scopic forms of plant life known as . | nealth, in countless numbers, | pecies of tnese small long life” { bacteria and certai {less to appropriate funds to defrayinvigihle “germs” are sources of |B———————— u ithe expenses u:l carrying out the|gicense. [m order to produce ilness|| WHO’S WHO | duties so imposec e s bR s e il A S Legally and Morally Sound e 10" fiie body, and in their | | AND WHERE ! His contention thut the “aplovwih « aftor S BHGH ANtianes . thev |l e 2 I propriations are sound in every res-ipnoqgen poisons sometimes sufficient | i [pact. “Thare is not a single item that | (o resul( fatally. | can be objected to on any grounds,| [ The Right Rev. J. R. Crimont ither lezal or moral,” he declared. | Thriving Place for Garms |s. J., Bishop of Alaska, left this have been Princess Alice for made for years.! «pefore the era of community,| Morning on the sane and - reasonable. Andtijean)iness epidemics swept the in-|2 short trip to lature had ample authority |panited areas of the world and the Bishop Crimont expects to them.” {dsath toll due to' epidemic disease|Teturn to Juneau ahout June 1 and There was no auestion of fraud | o, 0 1 oria was many remain here a few days befcre goin or graft involved, he sail. He cited [sroneor (han at present. Bacte to the Westward the fact that the Secrotary was for-[airoien Tl o a8 “germs.” ks MAME A, Donoydd has. take merly paid under the fee system |~ gecomposing organic matter such|an apartment at the Zynda Hotel and, after some years of this Dro-iug common household refuse ns Floe, Supcrintendent of the codure, the - Legislature in lou ot |qt S0 S . Bot E. Harris Company at Hawk In lowing that officer to retain cer-| .y “craqte disease they must entey|let, Was an arrival in town yester ain fees, put him on a flat salary |l PEONE BEAET O e ustally | 2y, on a short business trip.” He is basis, lower than the average A&-i,grocted through the nose or throat,|Fegistered at the Gastineau nual sum accruing ygdesgie cld When the hands of the individual are| [Representative William 1. Worth tem. And at present the Secretary’s |yttt e MUCE B8 00 B0 N helr sur| returned t his home in Petersburs office is turning back to the Ter |last night on the steamer Admirs faces these bacteria and it is quits s or indeed common, for in zh the nose or throat to ritory every year about $10,000 mors| o than the appropriations it rec IVeS {paction thro for its upkeep. loccur by transfer by means of the A TR L [hands to the food or food utensils, TORNADO DEATH LIST for by inhaling particles of dust laden ! s | with thom. It is thus casy to see how oet ob Hr. Wilstn téthee MEMPHIS, Tenn., May i2. — Th®ihands may become the bearers of [ [ FeS (00 IS CFCROM o death list from the weckend tor-|dangerous bacteria. While the bac-|yijj conduct some business before nadoes reached in nino states ac-‘iaria which cause human disease do raturning to Juneau about June 1 cording to official reperts today. |yt ysually thrive outside the body Missouri suffered the most With 115/ o¢ men or animals, this rule is by dead of whom 103 were killed allng means universal. As stated be-| Poplar Bluffs. | fore, decomposing household refuse Z2= o 45 SRR St lis a prolitic breeding place for th FLOOD DAMAGE ESTIMATE low forms of life and where its — presence remains disregarded, the MEMPHIS, Tenn., May 12--Secre-!lurks danger. In the use of dishe tary of Commerce Hoover estimates|in restaurants or even in the family | ALARMS that the flood damage so far is be-|if among those who use them there| tween $250,000,000 and $300,000,000. |are individuals bearing on their hands | The sounding of the fire alarms -— o> about their person thase microbes|| on Sunday was to remind you 0Old papers for sare at The Empire.|capable of causing disease, the dishes of the | this_morning for Vancouver, 3 v will visit several Vancouver and icto Old papers roe suiv at The Empire GASTINEAU GROCERY Will give your Round Dollar the Squarest Deal in .all {uncau. Come and see up-to-date Grocery Store with special price displays. Our set of up-to-date books is mow open and we are ready to take care of your account. RANCH EGGS TODAY Cartons, 40¢ Doz. FIREN S BALL Douglas—May 13th BETZ’ COLISEU MELODY MEN 1 FURNISHING THE MUSIC First, 35¢ Doz. OUR PHONE IS 37 OPEN EVENINGS BIG REDUCTION New Machines Rented to Legislature NOW ON SALE J. B. BURFORD & CO. Latest Designs in Ladies’ and Men’s Watches Men’s ordinary Work Watch to the most exclusive Dress Watch. ‘FIRE’ ‘FIRE’ ‘FIRE’ W HERE? AT D()ll(}LQS AUDITORIUM Given for the Benefit of the NELSON & FREMMING Expert Watch and Jewelry Repairing PHONE 331 Douglas Island Volunteer Firemen—May 13th The Juneau public must appreciate this annual affair, owing to the postion and prompt action of its own Volunteer Fire De- partment, which is & credit and an asset to any town. A REAL GOOD TIME ASSURED ALL NEW GREETING GIFTS of Genuine Leather for Party Favors Girls get this date all fixed up————Boys come and help BETZ’ COLISEUM MELODY MEN FERRY ALMA SERVICE THAT IS BETTER Admission $1.00 Start 9:30 P. M. IT'S OUT—1:00 A. M. Phone 25 Free Delivery ar | Mr. and Mrs. M. S. Wilson left one| The move this source of dav.er is of the object of the “clean-up week”'is ) now inaugurated annually in all com-|pennant this season, as the of good | favor the Ame to|in first 1 This | nized |“Shorty” Hanna, the Legion’s veteran - numerous | short-stop, and assigned to the | infections swept Europe uuncontrolled.(ican pres-[and three quart was | pounds two ounce of promoting good | G | Seattle and Pert-| | | i tha Princes Alice | Wilson | THE DAILY ALASKA EMPIRE, THURSDAY, MAY 12, 1927. A 'TWO BALL PLAYERS " ARRIVE IN JUNEAU; ' " THE HANNA TWINS | The funeral will be neld Saturday | ’murull).: at 9 o'clock at the Catholic| — | | | Church Mrs. Arthur Bringdale entertained - o - [last evening with seven tables of CARD OF THANKS | whist at the For-get-me-not Tea [ Room. The guests were moctly friends lof Mrs. Bringdale from Douglas who wish to express our sincere|had entertained her before hor re- longer predictad 1o cop thefappreciation to all the kind friends|cent marriage. The first prize was betting | who assisted during the illness and|{won by Mrs. E. Loomis and the odds throughout Juneau ti after the death of our husband,|second prize by Mrs. Edward Bach, 1 Leg " |father and brother. | of Douglas. Delicious ice cream, cake wce the acquisition| (Signed) MRS, J B. JACKSON{and coffce were served after cards, sball piavers. The | AND FAMILY, ‘h_\ Mrs. Katherine Hodker spotted Iy\} MRS. ANNA LOWELL. | e, Alaska Juneau baseball team | Wi is no 1of two new be 'W youngsters were v i B Advertising aiways pays. Use the Amer lumns of The Empire. 5t Advertising always pays. Use the| " o six |columns of The Er Legion The new ball players weigh poupds, and respectively and were born to Mr. and Mrs. H. C.| Hanua last night at 9:15 o’clock in the St. Ann's Hospital. Both babies and the mother are doing uicely th morning Shorty” announced this that he would be out in unifc Sunday afternoon and do his stuff with the American Legion when thev play the Moose | el RIS SRS IR 'DANIEL MURPHY PASSES ., — )id papers ror save at The Empire. morning | AWAY IN HOSPITAL TODAY| 1 Murghy, well known on| u Channel, pas | St Ann's Hospital at ¢ this morning as the res of age. Mr. Murphy, who has b longshoring in Juneau for ye: was taken to the hospital January 11. He was born in N York State $5 years ago. Th =5 A s at the. QMW Curter Monthiiss DOLLAR DAV | Pears—Bartlett, Happy Home, reg. 40c, now 3 cans . $1.00 . -‘ Pears—Bartlett, Luxius, now 3 cans ... ... 1.00 Pork and Beans—Van Camps, reg. 20c, now 8 cans . 1.00 | Ripe Olives—Heinz, small, reg. 20c, now 7 cans 1.00 HOSPITAL DAY String Beans—Happy Home, reg. 25¢, now § cans 1.00 Corn—Sweet Keynal, Happy Home, reg. 25¢, ncw 5 cans 1.00 P Peas—Early June, Amecat, reg. 30c, now 4 cans 1.00 Thurs h‘.v Asparagus -Tips—Libby’s, 3 cans . 1.00 Yam's Sweet Potatoes, No. 2145, 3 cans 1.00 May 12th $ L f 8 pounds Raisins—Seedless, best, reg. 15¢ 1b., 8 pounds. 1.00 6 pounds Prunes—large Santa Clara, reg. 20c¢ 1b., 6 pounds 1.00 e iciais | 7 pound box Macaroni or Spaghetti or Cut Macaroni or Vermicelli, reg. $1.25 for 1.00 BUTLER-MA URO } Grapefruit—Amocat, Sweet, reg. 35¢c, now 3 cans for .90 DRUG CO. | | ALL PURCHASES GUARANTEED—FRESH CLEAN STOCK Phone 134 We Dellver | | Bubstation ost Office No. 1 I 1 GEORGE BROTHERS PHONES 92 AND 95 FRONT STREET Want your suits to wear longer and look better? 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