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The Kennewick courier-reporter. [volume] (Kennewick, Wash.) 1914-1938, May 26, 1938, Image 3

Image and text provided by Washington State Library; Olympia, WA

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn87093042/1938-05-26/ed-1/seq-3/

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fluidml Topics Interpreted ,1: ’75
. by William Bruckm _ 5. “HIM‘IL
"(ll W bl - ,"‘” “‘
”no”! Pro” Bu ng u anon. 0.01% /‘ ‘ll-‘17!“
WI have an idea that
3‘ Judd" of newspapers OV9"
the importance of a. recent
MI by the supreme court of
U 031 W states. It is only a nat
it ”a M dismissed the matter
M their nunds. That result would
dill“ In men! places because the
. person. concerned with his
sum" would not pause to
M m gpplicatlon of a rather
"we principle of law even tho
3 B the expression of the highest
can't.
The decision to which I refer was
in w litigation that hereafter is
m to be known as “the Kansas
a" Was case." An official
”a up] title in a court proceed
“ admit“! fails to identify it.
no, «the Kansas City Stockyards
an,» nis and will be. But “the
W City stOCkyal'dS case" did
munch more than bring a ruling
M the immediate parties to
M litigation; it applies to every
W of the federal government
and. I..wpect, its application even- i
mu, will be broadened to cover:
mg by agencies of states and
”- subdivisions of government.‘
mt is to say, the decision is of
ment to you and me and every
all: individual in our nation. It is
Mental.
let us see. first, what the contro-.
m was in “the Kansas City
Wards case." The Department
d White, under a 15-year-old
in, has rather broad powers of
mm over public stockyards,
andihegreatest of whichis the
m yards at Kansas City.
m that law, the secretary of
agriculture is empowered to fix the
album rates of fees. commis
sion and other charges made
quart shippers of livestock into
the yards. That is, the secretary
any suburb those rates “after the
not: have been determined," and
the consideration has been given to
.all rights and duties of the parties
unearned.
Madmancomplaimwas
mtothe department that the
”mamaswascharg
”Numbnes'rhede-
whenthadnochoiceotherthan
“gunmen. hold a hearing. de-
I TASING FAILS!
|;;j§_ TUBE BLOW-Sr!
E. C. Smith Motor Co.
“Next to Good Value Comes Good Service”
PHONE 691 KEN NEWICK
terminethefactsandlsweanorder.
The law required that course. But.
according to the records in the case;
the hearing that was held was
something of a farce. All of the
complainants were heard. and the
department’s own investigators sub
mited their reports. It appears
however, that the stockyards com
pmy was never allowed to present
its side of the case—did not have
its day in court. Well, the secretary
of agriculture. Mr. Wallace. issued
an order fixing new rates; the
stockyards compmy appealed tothe
federal com-ts and the case finally
wound up in the Supreme court or
the United States.
The court has now rendered itsl
decision, and that is the reason for
this discussion. The highest court
did not mince words in overturning
Mr. Wallace’s rates. It did so, it
explained, because of the arbitrary
way in which he fixed the rates.
They may or may not be fair; the
court did not go into that question,
but the court very definitely said
than any respondent or defendant
was entitled to have his side of the
case presented and Mr. Wallace had
not permitted the stockyards com
pany its opportunity for a fair trial.
I It may or may not be news to the
readers of this column to know that
there are upwards of 50 agencies of
the federal government that have
authority to act as “legislative
- courts." That is, they are fact
finding bodies and from the facts
thus found, the agencies are em
powered to render decisions that
areaspowerfulasacourtdecision.
except that these agencies can not
render a final decision unless those
charged are willing to accept the
finding as final. That is to say, the
accused or those charged may go
into court for a review of the action
takenortheorderissued.m“the
Kansas City Stockyards case." re
course was had to the court. A
precedent and guideline for future
orders by this flock of legislative
courts, therefore, has at last been
established,
| _ mso_;mp3runt2 7 |
And why was the Supreme court's
decisionsoimportant?
The answeris that, in that one
decision, the highest court in the
1311de downaruleoflawthat
lagainwillinsm'etheproteetionot
“gé “8X
, 28%“ t I
LileGuards enable you to
get as much as 25% more
safe mileage from your
present tires. meGuards
can be used in more than
onesetoffires...theycan
be used in any brand of
tires—on any car.
LIFEGUARDS SAVE
MORE THAN THEY
COST!
com: m m m as
SHOW YOU HOW YOU
ARE ACTUALLY mun.
ING FOR LIFEGURRDS
WHETHER YOU HAVE
THEIR PROTECTION OR
NOll .
5,0490
g '9 ”Ff!
E
personal rights. It said, in effect.
that the action by Secretary Wal
lace had been a denial of constitu
tional rights of the individual and.
being such. the secretary had acted
asadlctatorwhoreoogniaesnolaw.
The decision was the more import
antforthereasonthatsuchalarge
number “of these legislative courts
exist. J They have a habit of et
pandim and extending their pow
ers; they take action which con
stitute a precedent, and in a sub
-1 sequent order go further than in the
prior one. As precedent is built
upon precedent, it happens fre
quently that after a period of years
such an agency is exercising auth
ority never intended by congress;
The authority has grown up fre
quently because none of the re
spondents have money to contest
thecasefurther. Itcostsmoneyto
prove innocense when you are ac
cused by your government.
Again, astothe importance ofthe;
decision from the standpoint of its
scone; there has been an immed-‘
iate and vigorous reaction by thei
national labor relations board. That:
crew started running immediately
after the court's opinion was read.
They tucked their tails between
their legs and went quickly into a
retreat from the bold and brazen
position they had held against all
who sought to challenge their au
thority. To see the swagger and
braggadocio transformed so sudden
ly into a meek and lowly attitude—
well, anyone with a sense of humor
could hardly keep from laughing.
There never has been a federal
agency in my 20 years in Washing
ton that has relegated to itself the
arrogant authority. the dictatorial
authority, shown by the labor rela
tions board. It the national labor
relations act were sound in every
respect, the personnel that is ad
ministering it would destroy what
ever chance it had of succeeding.
Only‘One Side Heard
So, when the court ruling told the
legislative courts to be fair with
those accused or’ charged, the la
bor relations board smelled a num
ber of legal proceedings against it.
Its members recomized that there
were cases it had “decided" that
would not stand the test in.the
spotlight of a federal court for the
reason that the respondents had not
beenaliowedtotelltheirsideof
the story. There were cases, for ex
ample, where the board had heard
its own investigators’ testimony. the
testimony of several 0.1.0. organi
zerswhosejobhadbeentostirup
trouble—and where the respondents
had been informed that the board
had “no interest" in what they had
to say. There were other mes
where board investigators had gone
into factories and had used methods;
taught the world by Dictator Bta-‘
lin’s OGPU. Naturally, the board;
tried to get out from under. 1
The board's lawyers recognising‘
the dangerous ground upon which;
their cases in federalcourt were.
standing, sought to withdraw their‘
request for court enforcement. But
Mr. Henry Ford, one of those whom
the board and the CJ.O.-Lewls la
bor group sought to punish, felt that
thecaseshouldhetriedincourt,
and he is insisting through his law
yers that the promedings continue.
The Ford lawyers happen to be the
lawyers who fought the late and
unlamented NRA 1n the 13mm
Schechter ease. and won lt—whlch
ended NRA. They are going after
the labor relations board and when
they get through, it is possible we
will know how much power that
board has.
Along with the Ford case, the
board has other troubles The great
Inland Seed company of Chicago,
and the Douglass Aircraft corpora
tion have decided they did not get
a square deal from the New Deal
board, They have asked federal
courts to review their cases and de
cide whether the orders issued by
the board were in accordance with
the facts, and they have asked also
for a ruling as to whether they had
been denied legal rights.
This Board on the Spot
Itismadetoappeer,therefore.
thattheboardmayhavetolmdoa
lotofthingsithasdone. Itmay
havetoadmit,also,thatinsome
casestherehasactunllybeenmalic
iousn'essonthepartofsomeofits
investigators. Consider the Ford
ease, for example. If the board
withdraws its original order. it will
be saying in' effect that the facts
uponwhichitbasedthatorderwere
notthefacts atalL'l'hat'illhe
somewhatembernasing.itaeemsto
me. It will be more embarrassing.
however, if it comes forth with n
neworder whichishaseduponn
different set of facts. Either the
flrstsetoffactsortheaeoondset‘
of facts obviously is wrong—not
factsatallinoneofthetwoin
stances.
There are other instances of oth
er boards and commissions which
have been exercising all too much
authority for thegood of the coun
try, according to the way we see
things. Fewofthemhavebeenao
blatant about it, however, as the
Department of Agriculture and the
labor relations hoard. Some of the
agencies. notably the interstate
commerce coinmission, has never
beenaccusedotunfairneeemsfaru}
I know. It may have made misfi
takes, or legal questions may have
been tested in court, but than
agency holds the respect of railwayi
executives, shippers and labor alike]
m KENNEWICK (WASH) mammal:
5*
THE MODERN HOME-MAKER
Lack of App‘etite
li'ywqehnvingdinicultyin‘
getting your child to eat. check
overhisdietnndaeeitheisget
ting enough Vitunin B..Therehn.s
beenaglutndvnneeintheeaen
tiiic feeding of infants end child
mbutthisimportentviteminhu
not been given as much nttention
asitshouidhnvehui. Innnex
periment made by Agnes Ry Mor
gana! Cniii’ou'nin.inwhichoider
childrenwerefedwholewhentroiis
eontainingeiu-geamountoiwheat
germhighinVitaminß,itm
found that theyshowedimproved
appetites and inmased growth
when eomparedtootherchiidren
whoatewhiterolis.
Some investigators believe that
many ailments of the digestive
tractcanbepartially blamedtoa
diet containing too email an amount
ofVitaminß. Foodallergyiaone
of these. A high amount of Vitamin
Bishighlyeseentialtothenursing
mother. Inordertosecreteamilk
containing adequate Vitamin B.
themothermusthavethreeorfour
times as much Vitamin B as is
normally required. -
The modern practice of refining
and degerminating most cereal
products is mainly responsible for
ashortageotvitaminßinourdiets.
Whole grains and seeds and lean
meatofporkareespeciallyimport
ant sources. Most fruits and
vegetables are tain: good amines.
butmuchoithevitaminmaybe
lostordeetroyedincooking.
/
- ELEM“: cooking
refrigeration, water heating
- .. .cost so little at
. PL P. 8s US low rates!
“HUUIUH' VOGUE
40-gallon WATER HEATER
> only $9510 NOT INSTALLEb'
Written for Women of the Pacific Northwest
ByAIMEE M. LEWIS
.A Wellington he. W W
In alum}: range will do your cooking quickly.
cleanly and at little cost. It refuses to black»
pans, ova/Is or curtains. Electric ranges ab their
om: oven-watching! Ila M! Ila W!
In emu}: elowic water heater guarantee
to! water service my!!! or day. winter ar um
mer. Ends fount- (In balm- of availing. Ila!
water is always ready at (In turn of (In luau!
SEE ANY DEALER IN
0 Because this is a community where electricity is cheap.
you can afford to use it to do all your household tasks. If
you have an all-electric kitchen, low-cost Pacific Power &
Light electricity will give you new hours of freedom—with
work, worry and waste banished. You’ll have a kitchen
that’s always cool, comfortable and clean. The cheap elec
tricity you have in your home right-this-minute makes it
easy for you to enjoy this service. Pacific Power & Light
Company’s rates are among the lowest in the United
States! So modernize your kitchen now by making it all
electric. Only by making full use of this cheap electricity
can you enjoy the convenience and leisure time it ofiers.
PAcmc Pawn & LIGHT COMPANY
Appetite. StimulatOts -I
éohetoodsheflncecoodmt‘
dummnmmum: 1
Dfledflmnbeengmbeenght
mmmtnwmmmm
nutgothernmmmmlmpee
nub. peanut Inner. dried whole
MI. m 11' MI. W.
Wheaties-hummu
nah walnuts. wheat gum. yeast.
rye flour, canned. whole when
noun
Benmmewm
which will furnish t sermons
amountotthlspredmumtmln:
P9rk_C!lopsl ngican 1
sporkchopsaean) ‘
6m.uncookedmwnrlce
lsllceonion
luntanatoorzcupsmwedto
mamas ‘
Amngechopsandonlcnlnm
erole.Putlthsp.flceonewhchop.
Smwlthmtmdpepernndadd
tomatoes. Cover closely‘and bake
1 hourinmodemteoven (350 de
greesl") Sermslx.
QzliclgljsgrLNuEPread
'2 c. unsttted coca, Whole wheat
flour
lmppastryflour
xmmbrownmzar
ltspJalt
Stanbsflngpowder
soupsbuttermnk
1% caused:
Immanunnelywt.
mammal-.mtmdhk
in; powder. Add other Incred
mummwenmmoam
Always at Your Service
PACIFIC POWER 1: "GI" COMPANY
TI» constant. automafic cold of an Me n
fiigmlnr will reduce your living out. Bcm
enough in food alone to pay hr it! Gin ml:
new zest tbmugl: m of «mixing d‘cbu.
Img. Wting an! den all-0W: Etch”
at Pacific Pour 6 Light's lav m» i: In: than
on aim: a day! lddlhu awful-giving upli
ancu cop-b 140,; though manic»! m
ELECTRICAL EQUIPMENT
Enjoy automatic hot watot lonic. night or
day with this bountiful ntroamlinod but».
Buy on Convenient Tom:
WNp‘mmletltmd
mam mamas
mlunwdone. mam-.11
hm.
Npt_Oat_meal qukigq
MWuMeuOoouu
Mammmmcood;
twhflfllncwmeuppeme.
“mm
“anathema;
Impala-.1-I:“.me
I:“.me
swan-nut
lumpsmlledm
“alumni-Inga“.
“alumna
‘ 115 mm
fitnot-n
“up.“
xm.dnmmon
“undo"; ‘
Hawaii-lice
omm an: m m;
mammmm
manna. mmmmmm
deumdsflrlnto
mum Dmp on buttered
cooflesheet.nnlnchtpcrt.snd
mummuasomr.
T9_£l92r9y9.éppesite§..
mm of civifis' the children
cakemdeotntinedflourereuch
tdeuertuthieone. nmeywon't
entititehomthettheirmtehu
beenspoiiedbytomflneddm.
'lhieeenbecomectedhy omitting
dessert; untildmpieoneem ep
predated.
lthlcksucuotwhole when
mwmm
butter
zygcupnnllk
34pr
Removemlststrombmd. Ar
mambaflnsdlsh. Pout-over:
wpsmflkandmohuu. Bah-ate
Shun-singulowoven(mde¢reu
I".)Btlrlevenl “mama-In; the
first hour 0! baking. adding me
mlnlngmtlhserveflthmor
fruit-ance.
_WW'EM
Wuhtnnon.D.C.—Pauedhy~
maul-ammmemm
three billion dollar rene! md mow
eryhmuthumkhetonthew
nee. nth W (W our
nextweek. Thaw“ mam
ammunachmehmnextm
day. and rumors m that. the Whit.
Bouncwfllexm pmretomfln
the When am, which tho
hmaehthuckwcommttuem
tumbytheaemee.
COME and HEAR
'l:he New 1938
C ROS LEY
Shelvador
With 54mm Built-In
RAD I 0
and many new and desir
able features. More room.
convenience and eeonomy.
Investigate before yo u
buy.
See this fiamous line on
display at
Durocher’s Fum.
Store
Real Buy: in Radios.
Furniture, Stoves and
Washing Machines.
Kennewick
Business and
Professional
DIRECTORY
F. J. LEMON, M. D.
Title & Trust 8163.. Pasco. Wash.
Office Hours: 10-12 a.m., 1-4 p.m.
Spool-Ilia; In lye, Eu, N 0...
“not and “can: of G 1...
BENTON COUNTY
Abstract & Title Co.
men unm-
PM 8%“ Bulk Balm '
DR. C. BRUNN
08001388 ”281 m
Office at Manes
III! Ave. A Phone 13”
DR. 11. J. CAPELL
W & Surgeon .
Office 1!:
KING BUILDING
on. 531 480838 Rau. "I
C. L. HOLCOMB
Lawyer
mm rumo
m Am. Beam m
R. L. LUNDY
Chiropractor
cm. a: Bank mm
on. than am Bu. II
Moulton & Powell
LAW OFFICE
one. on: am am am
I. N. MUELLER
M W
Flinn. an to. an
w W
Mrs. N. Soward ‘
82! Auburn Street 1
m
mo. m an arm
aux-ran
um u an atom
DR. A. H. WEGN ER
nuns!
Office W mam;
out“ tho am Rm. 3022
3

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