davidaulloa/AmericanStories huggingface dataset:
The central record. (Lancaster, Ky.) 18??-current, 1918-03-14
ONCE MORE SEED CORN.

Further testing Of seed corn bears
out the statement made several weeks
ago thai there is practically no seed in
Garrard County fit to plant. Farmers
crntinue to bring in their corn to be
tested and the tests are uniformity low.
Ii rs now the middle Of March and farm
ers should decide at once what they
are going to do. II you are going to
test out each ear Of your corn aud plant
from your own crop, you should begin
at once. as the planting season will 10
upon you before you know it, II YOU
are going to buy you should begin to
look around to buy. In a conservation
with one Of the seed dealers in the
county. he said he was greatly per-
picked as TO what he should do. He
has on hand only small quantity Of
corn but afraid TO buy more as he
hadn't the least idea how much the
farmers in the county would need.
Counting what old corn is in the county
and little good new corn yet. it will
take over $50 bushels to plant the crop.
There is no scarcity Of good seed in
Western Kentucky and the farmers Of
that section will nub the ears. shell il
and place it on the cars for $500 per
bushel. The farmers of this county,
however. will have to do business with
these men IN an organized way. The
amount Of seed you will need should be
listed with your County Agent who
can then total up the entire needs of
the county and get some one to handle
it and do the distributing. Naturally
the farmer cannot expect TO get the
corn for $500 per bushel but IL the
amount is known and each man takes
the amount he lists. II can naturally be
handled on a narrow margin Of profit.
! see no other way out OF the situation
and this plan has the backing Of the
College Of Agriculture.
One last word please. Get il out Of
your head that your corn is good seed.
II you are firmly persuaded il is good.
bring it in and will test il out and II
il is good there will be a ready sale.
Either test or buy.
w. II. Rogers, County Agent.
U. S. Dept. of Agriculture.
The central record. (Lancaster, Ky.) 18??-current, 1918-03-14
MARKSBUKY
The Rock Club met with Mrs. Minnie
Belts Friday evening.

The Rock Club met with Mrs. Minnie
Belts Friday evening.
Mrs. Kelly Hogg is visiting her
brother on Buckeye pike.
Mr.. Edwards sold combined horse
to Mr.. Coleman for 1920.
Miss Bratton of Lancaster spent the
week end with Miss Alice Sutton.
A young lady of the community re-
marked the other day, II eat corn
bread and curse the Kaiser.
Missionary Day will be observed
sometime in the near future as was de-
cided on by the S. S. Sunday morning.
Mr.. Abner Hughes and Miss Grace
Aldridge went to Dsnville to attend
the funeral services of Mr.. Rice Burn
side.
Mrs. Ella Cecil and Miss Annie T..
have returned to Danville after visit
to her mother, Mrs. Fanny Pollard and
other relatives.
A subscriber to the Central Record
recently said Each week look for
ward TO the coming of the Record and
cant hardly wait until it comes"
Pure wheat bran, mixed feed,
wheat middlings. rye middlings,
corn, oats, hay, straw.
Hudson, Hughes a Farnau.
Mr.. and Mrs. A. j. Rice. Rev. J. W.
Mahan. Homer Rice and Gordon Doty
motored to Lexington Sunday evening
to hear Truett at the First Baptist
church.
Mr.. and Mrs. Henry MacAfeee who
have been spending several days at
The central record. (Lancaster, Ky.) 18??-current, 1918-03-14
Irvine, returned last week. Mr.. Mac
Afee was there in the interest of his
stock in the oil fields.

Irvine, returned last week. Mr.. Mac
Afee was there in the interest of his
stock in the oil fields.
Mr.. C. X. Poindexter will arrive
home from Pond Town Okla. next week
and will be accompanied bv his mother
Mr.. and Mrs. Clayton. who will make
their home with Mr.. Poindexter.
The pastor requested the good wom-
en- Of his congregation to save their
Sunday eggs during March and April
for Missions. Some are wondering how
the good uns" are going TO be tested.
Mr.. and Mrs. Joe Tuggle of New
York City, are spending several DAYS
with his mother. before going to house,
keeping. Mr.. Tuggle having purchas-
ed farm containing liz acres at 500
per acre in Boyle county.
Mrs. Kerns and daughter. Miss Lilly,
returned to their home at Sslvisa Sun
day. Mr.. Leslie Cunningham accom-
panied them, and will spend few days
in the interest of his farm which he
recently purchased there.
Little Burgin Isom, the year old
son of Mr.. Ryle lsom. narrowly escsp-
ed injury or perhaps death on last Fri
day afternoon when he laid across the
furrow in the field in which his father
was blowing and went to sleep. Burgin
and Lawrence who had been riding on
the team of mules around the field.
when Mr.. Isom took them down and
told them to go to the house, and he
thought they had until he saw Burgin
on the point of the big pillow, smiling
innocently up into his fathers face.
Mr.. Isom scared white. stopped the
team quickly as possible and took up
his child unhurt. The mules providen-
tally stepped over him.
The central record. (Lancaster, Ky.) 18??-current, 1918-03-14
BRYANTSVILLE

Mr. J. W. Farley was over from
Jessamine. Monday, on business.
Miss Nina Rankin OF Hubble, has
been visiting MIR and Mrs David Ran
kin. Jr.
Mrs Florence Ballard has recovered
from her recent illness and is able to be
out again:
Mr. Hugh Tomlinson of Toledo, Ohio.
is here visiting his mother, Mrs Belle
Tomlinson.
Mrs Carrie Grinstead and son Of
Somerset were recent guests of Mrs J..
c. Williams.
Mrs Belle Davis. Of Jessamine coun-
ty, has been visiting Mrs c. NJ. Dean
and Mrs Walter Davis.
Miss Wayne Lee Ballard spent sew
eral DAYS in Frankfort last week with
Hon. j. Hogan Ballard and Mrs Bal
lard
Mrs Forest Stapp and Mr. Burton
Stapp of Lancaster. were the guests Of
Mrs Z. II. Ballard and Miss Wayne
Ballard. for dinner. Sunday.
Red, alSike. sapline. long white
sweet clover seed; timothy, reclean-
ed Orchard grass and Ky Blue grass
seed. Hudson. Hughes & Farnau.
Mrs 7. W. Stallings who has been
visiting her father. Mr. James b. Leav-
ell. for several months. left Monday
for New York City, where her husband
DIR Stalllngs is now located.
A series Of Revival Services" will
begin Sunday at the Methodist church.
The pastor, Rev. q. S. Consnt will be
assisted by Rev. Calls. noted evange-
list Of Wilmore There will be special
music and it is hoped that everyone
will attend these services.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1918-07-14
Deciding an
Injunction Suit

The case came to the Supreme
Court on an appeal from the United
States District Court. At a general
election in Washington in 1914 the
people passed law making il I'M
lawful to collect fees from workers
for furnishing them with employ
ment. The agencies fled an in
junction suit, alleging violation of
the Fourteenth Amendment, taking
property without due process of law.
Justice McReynolds reversed the
lower court and declared the Wash
lngton law was unconstitutional
Justice McReynolds agreed that en-
ployment agencies were subject to
police regulation by the states, but
added that unless they charged fees
their business would have 10 be
abandoned. He added his opinion
that the Washington measure was
arbitrary and oppressive
unduly restricts the liberty of ap-
pellants, guaranteed by the Four
teenth Amendment, to engage in a
useful business"
The first dissent from this opin-
ion was from Justice McKenna, who
said "The law in question is valid
exercise of the police power of the
state, directed against a demon
strated evil"
The next dissent was from JUS
tice Brandeis. Here again the OBJ
server Of the Supreme Court not
only strikes the split between radi-
cal and conservative wings of the
court, but also comes across the
method of realism applied inside the
court by member of the court it.
self. This was the reasoning of
Justice Brandeis on the case:
''The court has made it clear
that a statute enacted to promote
health, safety, morals or the public
welfare may be valid, although if
will compel discontinuance of exist
ing business in whole or in part"
Some Of these prohibitions in bust
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1918-07-14

without due process of law. The
court held that the overtime clause
was merely to deter the employer
from employing overtime by it's bur-
den, and it was up to the employer
whether he should come under its
employment; IN other words, it was
rermissive. Justice McKenna ad-
dressed himself solely to the valid
ity of the contention that the law
was wage law instead of an hours
of service law. He added, "We do
not discuss or consider the broader
contentious of counsel for the state
that would justify the law even as
q regulation Of wages"
So far as the court was concerned,
therefore, much of this huge brief
was wasted. It was significant in
itself. But the Supreme Courts re-
action to such methods is better dis
closed III later case, on which Jus
tice Brandeis cid deliberate.
This time it was another Western
state, Washington, which presented
the problem to the court, arising
directly out of conditions peculiar
to the modern world in which we
live. But social legislation, which
had been sailing along at a fairly
good rate and successfully through
the Supreme Court, did not fare 50
well this time. Indeed, it was with
the case Of Adams VS.. Tanner, At
torney General of the State Of
Washington, and Crandall, prose-
cutting attorney for the City of
Spokane, that the split in the newly
constituted Supreme Court first APP
peared in its entirety
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1918-07-14

Mark Hanna, had fought for Scent
fares in Cleveland and was accepted
as a friend of labor" 1t was con-
sidered at the time that Secretary
Baker had some part in bringing his
qualifications to the ear Of the Presi-
dent. He is a gray-haired man with
a formal and judicial bearing, an
other indication: that a jurist's ap-
pearance may not be a true mirror
of his opinions.
But if the present history of the
court is one of change, it is change
not merely in the attitude of the
court, but also in the procedure of
the law in passing on questions of
right. Indeed, what meets the COM
mon opinion-that the court is now
more than ever before made up of
dissimilar elements - tends to hide
from the observer the slow develop
nent of the law toward a new
method in dealing with human prob
lens. IF the law is a science it is
almost the oldest of the sciences. Yet
1t is almost the last of mans proc
esses to adopt the modern method of
science.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1918-07-14

AS regards this brief, parts one
and two of which were prepared by
Mr.. Brandeis, it turned out to be a
huge document. The remainder Of
i. was written by Felix Frankfurt
ter, now chairman Of the War Labor
Policies Board of the Department of
Labor. The issue in the case was
whether the state, by exercise of it's
delegated police power, could pass
a ten-hour labor law to protect the
health of it's citizens, or whether
such law was in conflict with the
Fourteenth Amendment, taking prop
erty without due process of law. The
proof of the argument covered 470
pages, and undertook an exhaustive
inquiry into industrial conditions all
over the world, diseases in industry,
results Of strain, new speed methods,
industrial fatigue, the chemical na-
ture of fatigue toxins in the blood,
the bad effect of long hours on
safety, the growth Of intemperance,
the states need of preserving health
and the effect OF long hours on
morals, health and the community.
IL was later published in book form
as "rThe Case for the Shorter Work
Day"
1t is permissible in this instance.
because Of the light it throws on this
new method, to quote Mr.. Frankfurt
ter, who followed Mr.. Rrandeis as
counsel in the case An article by
Mr.. Frankfurter OH Hours Of Labor
and Realism in Constitutional Law"
itself significant title in view of
the new course Of the 1aw-~printed
in Vol. 20, No. 4, of "The Har-
ward Law Review" was alluded to
in the brief. In part Mr.. Frankfur-
ter then wrotei
"1t is now clearly enough recog-
nized that each case must
be determined by the facts relevant
to it; that we are dealing, in truth,
not with a question of law, but the
application of an undisputed form
ula to constantly changing and
growing variety of economic and
social facts" Common un-
derstanding has ceased to be the
reliance in matters calling for es-
sentially scientific determination
with the recognition that these
(constitutional) questions raiss sub
stantially disputed questions of fact
must come the invention of some
machinery by which knowledge of
the facts, which are the foundation
OF the legal judgment, may be at
the service Of the courts as regu-
lar form of the judicial process"
Trying Out New
Machinery
1t was this machinery which, fail
ing Its employment by the court it.
self, Mr.. Brandeis and Mr.. Frankfurt
ter were trying to supply. Strangely
enough in this instance, the machin-
cry found very limited EMPLOY
ment, SO far as it's actual effect upon
the mind of the court was concerned.
Justice McKenna delivered the opin-
ion of the court, upholding the ten
hour law in Oregon. There was dis
sent on it from Chief Justice White.
Justice Van Devanter and JUS
tice McReynolds. The other justices
sitting, aside from the new Justice
Brandeis. were Justices Holmes, Day,
Pitney and Clarke.
Bunting, the plaintiff in error in
the case, had contended that three
hour overtime limit clause in the
law really made it a thirteen-hour
wage law, to compel a payment for
labor at more than its market value.
1t was on this ground that he con-
tended that his property was taken
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1918-07-14

|
though back of it is a general theory
Of society or government to be en-
forced.
The Career of
Justice Brandeis
The relationship of this confession
Ct faith to the recent history Of the
Supreme Court would not be clear
without some exposition of the career
Of Justice Brandeis. The relation
ship to the present condition of the
Supreme Court is a direct one in
his case, because before he became
a member of the highest court he
argued several cases before it, in
vclving phases of modern industrial
problems, and presented to the court
IN just such q manner as to bear
out his agreement with the view
Of the functions of the law enunciated
by Justice Holmes. His first of the
cases in this special class, and singu-
larly important because it laid the
groundwork for similar argument
to be made many years later, just
previous to the time Mr.. Brandeis
went on the bench, was defence Of
the Oregon law restricting the labor
of women in factories and laundries
to ten hours day. The law was con-
tested, and the case under the name of
Muller, III error, VS.. Oregon went
to the United States Supreme Court,
where it was argued by Mr.. Bran
deis.
The argument of this case was
more or less astounding in fashions
OF legal argument. 1t upset good
many presidents. The argument it.
self did not cover much space, but
the proof did. What the attorney for
the State of Oregon had done was
to put into practice some of the the
cries then in the air about the law
founding itself on actual forces. and
/ to practically disclose to the Supreme
Court the scientific method as it
would be worked out in the law.
The attorney for the state pre-
sented q brief containing extracts
from ninety different reports from
states and communities In the United
States and Europe, showing that
long hours Of labor were danger
ous to women. 1t was actually a
compendium Of all known informa-
ton on the subject and as a survey
of actual conditions was unparal-
leled.
1t was Justice Brewer who af-
flinled the law. Nine years later,
when Justice Brewer was no longer
on the bench, the United States
supreme Court, with Mr.. Brandeis
now justice of the court, was called
on to find a decision in another Ore
SNN- ~esSS 'ACN'ilS W 40 WIN hours
OF labor. And in this case again the
brief was prepared in part by Mr..
Brandeis, and given over by him
when called to the high court. He
cid not, of course, take any part in
the decision on this case.
Previous to this time and follow
ing the first Oregon case Mr.. Bran
dels had served Oregon a second
time as an attorney in the minimum
wage case. He had followed the
same method, with a brief showing
the relation of wages to health
morals and efficiency. The result
was an unanimous affirmation nv the
court.
The same method was adopted in
the ten-hour law case, known ga
Bunting VS.. Oregon. The law was
affirmed by divided court. the de-
cision being handed down April Q
1917, with Justice Brandeis taking
no part in the proceedings.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1918-07-14

hardt, opinion was given on rr..
8, 1918.
This was the child labor case.
The law as made by Congrss.
prohibited interstate commerce =
the products of child labor. Thu
question was whether Congress =
regulating interstate commerce b.s
the right to pass such a law.
Justice Day in his opinion bs,a
that the act transcribed the On
thority of Congress over CONNER.
and interfered in local matters cor
troll over which is reserved to n.
states. He added: "The farreaeh
ing result Of UNFOLDING the act can
not be more plainly indicated than
by pointing out that if CongrsS.
can thus regulate matters intras4ea
to local authority by prohibition ~
the movement of commodities in in
terstate commerce, al freedom n
commerce will be at an end and tba
power Of the states over local mat.
ters may be eliminated, and tbps
our system of government be practi.
cally destroyed"
Justice Holmes dissented Jns-
tees McKenna, Brandeis and Clarks
concurred in the dissent.
The right of Congress to regulate
interstate commerce, Justice Holmes
said, extended to the right of prO.
hibition, and this right could not bs
cut down or qualified by the fact
that it might interfere with the car.
rying out of the domestic policy Of
the state.
"1f there is any matter UPON
which civilized countries have agreed
far more unanimously than thew
have with regard to intoxicants and
some other matters over which this
country is now emotionally aroused
1t is the evil of premature and
excessive child labor. The
act does not NEEDLE with ANYTHING
belonging to the states. They NAV
regulate their internal affairs and
their domestic commerce as thew
like, but when they seek to send
their products across the state lius
they are no longer within their
/ rights. Under the Consti-
tuition such commerce belongs not
to the states but to Congress to regu-
late. 1t may carry out its views of
public policy, whatever indirect eff
feet they may have upon the activi-
ties of the states. The
public policy of the United States
is shaped with view to the benefit
of the nation as whole.
The national welfare as understood
hy Congress may require different
attitude within its sphere from that
OF some self-seeking state. 1t seems
to me entirely constitutional for
Congress to enforce its understand
ing by all the means at its com
mand."
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1918-07-14
in a Newspaper
Contempt Suit

The case OF the Toledo News
paper Company, in error, KS. ths
United States, was decided June 10,
1918. The newspaper was held in
contempt by a lower court for writ
ing articles concerning the action
Of the court in granting an iniunc-
ton to streetcar company seeking
to restrain the enforcement by the
city of three-cent fare ordinance
on the expiration Of its franchise
Chief Justice White affirmed this
action of the court. The contempt
was found by the lower court on the
ground that the newspaper had
tried to create III impression that
the decision as to granting an in
junction could be found IN only one
way, that the newspaper melted the
public mind to bring pressure 10
bear on the court, and that it meant
to cause the court TO shrink from
performing It's duty because of the
possible turmoil and violence that
might follow The chief justice re-
viewed these proceedings ard con-
Guided that the contempt action was
correct ''since no other
course under the statement is posi-
bic compatibly with the sacred obi
cation of courts to preserve their
right to discharge their duties free
from unlawful and unworthy infu-
ences, and in doing so, if needs be,
to clear from the pathway leading
to the performance of this great
duty all unwarranted attempts to
pervert, obstruct or distort judg-
ment."
Justices Day and Clarke took no
part in the proceedings.
Justice Holmes dissented and JUS
tice Brandeis concurred in the dis
sent.
Justice Holmes wrote that "a
Judge OF the United States is ex-
pected to be a man Of ordinary
tirmness of character, and l find 1t
impossible to believe that such
judge could have found IN anyrnIng
that was printed even tendency 70
prevent his performing his sworn
duty" The statement of the Judge
himself, Justice Holmes went on 70
say, was "enough to show that there
was no emergency, that there was
nothing that warranted a finding
that the administration of justice
was DISTRACTED or a resort to TINS
summary proceeding. a"
ton like the present, in my opinion
is wholly unwarranted by even cow
of law"
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1918-07-14
New Science and
Old Precedent


viewed by the Supreme Court in re-
cent years, more than in any other
place, there is evident the inclination
of the law to desert reasoning from
established axioms alone and to turn
toward the laboratory method, the
examination of reality itself. The
physical sciences have long estab-
lishcd this method, and it has exer-
clsed an unmeasured influence over
the arts. Modern commentators on
the law tend more and more to de-
clare that the law must be measured
by the facts of life itself, and that
the law moves, grows, as life moves
and grows.
The significance of this comment in
the present instance lies chiefly in
the fact that two present members
Of the Supreme Bench have been
closely related TO the formation of
these opinions and their expression.
One of these men is Justice
holmes, whom many students of
the law consider the greatest au-
thority on the English common law
either in England or America, and
his best known work, "The Common
Law" printed in the late sos, dis
closes on present reading an inter-
eating vision Of the turn the law
has taken in its social development
since that time. The remark that
the lawyer Of the next generation
would be more an economist than
legahst is generally attributed to
him.
Much of the early prestige of JUS
tee Holmes rested on his manifest
desire to modify the common law in
order to conserve human rights
where they we've balanced with prop
crty rights. The English property
law, based on conditions widely diff
ferent from those prevailing in the
modern world, is the archaic branch
Of the law. 1t was made to conserve
to the utmost limits the right of
the individual to control property
against all interference by larger
groups Of society. The tendency to
modify this law to fit modern condi-
lions began with men like Holmes.
1t was already apparent when JUS
tice Holmes sat on the Supreme
Bench of Massachusetts,. Again and
again in "The Common Law "
he pointed out "the history of the
law is a formal expression of the
development of society,"" and that the
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1918-07-14
important Decisions
Show Equal Division

The situation in the Supreme
Court at the present time, where
important decisions are made by a
court almost evenly divided, has
tended to cause remembrance of the
fact that the Supreme Court has
evolved naturally. President Taft.
had the unique opportunity
shared only by Washington, Jack
son, Lincoln end Grant-of recon-
shutting large part of the court
with the appointment Of five justices.
One Of these was Charles Evans
Hughes. The two who still remain
are Justices Pitney and Van Devan-
ter. President Taft also made JUS
tice White the chief justice. there
hy breaking \ precedent which had
always brought the chief justice in
from outside the court.
This history of the past is almost
necessary to an understanding of
the court as it stands. The chief
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1918-07-14

bases of law must be reality, even
though back of it is a general theory
Of society or government to be en-
forced.