davidaulloa/AmericanStories huggingface dataset:
Evening star., 1935-05-28
Constitutional Power
Not Tool Of Conditions.

stressed by the Government with re-
spect to the appropriate approach to
the important questions presented. We
are told that the provision of the
statute authorizing the adoption of
codes must be viewed In the light of
the grave national crisis with which
congress was confronted. Undoubted-
iy, the conditions to which power Is
addressed are always to be considered
when the exercise of power is chal-
ienged. Extraordinary conditions NAV
call for extraordinary remedies. But
the argument necessarily stops short
OF an attempt to justify action which
lies outside the sphere of constitutional
authority. Extraordinary conditions
DO not create or enlarge constitutional
power. The Constitution established
. national Government with powers
oeemed to be adequate, as they have
proved to be both In war and peace.
out these powers Of the national Gov.
ernment are limited by the constitu-
tional grants. Those who act under
these grants are not at liberty to
transcend the imposed limits because
they believe that more or different
power Is necessary. Such assertions
OF extra-constitutiona authority were
anticipated and precluded by the ex-
plicit terms Of the tenth amendment
The powers not delegated to the
United States by the Constitution. nor
prohibited by it to the States. are re-
served to the States, respectively, or
to the people"
The further point is urged that the
national crisis demanded a broad and
intensive Cooperative effort bv those
engaged In trade and industry, and
that this necessary cooperation wa,
sought to be fostered by permitting
them to initiate the adoption of codes.
But the statutory plan is not simply
one for voluntary effort. 1t does not
seek merely to endow voluntary trade
or industrial associations or groups
with privileges or immunities. It in
wolves the coercive exercise of the law
making power. The codes Of fair
competition which the statute at
tempts to authorize are codes of laws.
II valid. they place all persons within
their reach under the obligation Of
positive law. binding equally those
who assent and hose who do not
Evening star., 1935-05-28
these landlords to persons who are
merely capitalists ahsentees."

I'VE have no occasion to consider
either the causes or the extent Of
farm tenancy; or whether its pro-
gressive increase would be arrested
by the provisions of the act. Nor
need we consider the. occupations
of the beneficiaries of the legisla-
ton. These are matters for the
consideration Of Congress; and the
extensive provision for the re-
financing Of farm mortgages which
Congress has already made shows
that the gravity of the situation
has been appreciated"
"The province of the court is
limited to deciding whether the
Frazier-Lemke act as applied has
taken from the bank (the plaintiff)
without compensation and given to
Radford (the defendant) rights in
specific property which are Of sub
stantial value. As we conclude
that the fact as applied has done
so, we must hold 1t void"
''If the public interest requires
and permits the taking of property
of individual mortgages In order
to relieve the necessities of individ-
usl mortgagors. resort must be had
to proceedings by eminent domain:
so that through taxation the
burden of relief afforded in the
public interest may be borne by
the public"
Evening star., 1935-05-28

II made applicable to future mort
cages would destroy the farmers
future mortgage credit"
1T would be more accurate to
say that the only right under the
mortgage left to the bank (the
plaintiif) Is the right to retain its
lein until the mortgagor. some time
within the five-year period. chooses
to release 1t by paying the ap-
praised value of the property"
"A mortgage lien SO limited in
character and incident Is Of course
legally conceivable. 1t might be
created by contract under existing
law. II q part of the mortgage
property were taken by eminent
domain q mortgage would receive
payment on q similar basis"
when q court Of equity allows
. receivership to continue, 1t does
SO to prevent a sacrifice of the
creditors interest. Under the act
the purpose Of the delay in making
q sale and of the prolonged pos
session accorded the mortgagor Is
to promote his interests at the
expense Of the mortgage"
"TThe act affords relief not only
to those owners who operate their
farms, but also to all individual
landlords the principal part Of
whose income Is derived from the
farming operations of share CROP
pers or other tenants; and among
Evening star., 1935-05-28
By the Associated Press.

By the Associated Press.
Highlights of the Supreme Court
ruling which called unconstitu-
tional the Frazier-Lemke farm
mortgage moratorium act were:
For centuries efforts to protect
necessitous mortgagors have been
persistent. Gradually the mortgage
Of real estate was transformed from
a conveyance upon condition into
q lien; and failure of the mort
gagor to pay on the day fixed
ceased to effect an automatic fore
closure"
But the statutory command that
the morteagor should not lose his
property on default had always
rested on the assumption that the
mortgage would be compensated
Tor the default by q later payment,
with interest, of the debt for which
the security was given; and the
protection afforded the mortgagor
was, in effect. the granting Of .
stay"
"No instance has been found,
excepting under the Frazier-Lemke
act, of either o statute or decision
compelling the mortgage to re-
linquish the property to the mort
gagor free of the lien unless the
debt was paid in full"
THE right Of the mortgage to
Insist upon full payment before
giving up his security has been
Evening star., 1935-05-28
High Lights of Decision Frazier-Lemke Act

II made applicable to future mort
cages would destroy the farmers
future mortgage credit"
Evening star., 1935-05-28

DAA@ Ooa SOihihAHsSlOll tS.
Burlington & Quincy Railroad Co, 257
U. S. 563. 588. And combinations and
conSpiracies to restrain interstate
commerce, or to monopolize any part
OF 1t. are none the less within the
reach of the antitrust act because
the conspirators seek to attain their
end by means of instrastate activities.
Coronado Coal Co. VS.. United Mine
Workers. 268 U. S. 295. $40: Bedford
Co. vs.. Stonecutters' Association, 274
U. S. 81, 46.
We recently had occasion, in Local
167 VS.. United States, 291 U. S. 293. to
apply this principle in connection with
the live poultry industry. That was
suit to enjoin conspiracy to restrain
and mOnopolize interstate commerce
In violation of the antitrust act. 1t
was shown that marketmen. teamSters
and slaughterers (Shochtim) had con-
spired to burden the free movement of
live poultry into the metropolitan area
in and about New York City. Market
men had organized an association, had
allocated retailers among themselves,
and had agreed to increase prices. To
oSSAhhRAAoAA oAASh obJCtOo, Aok sc dhAOdAho
Of money were raised by levies upon
poultry sold, men were hired to OBJ
struct the business of dealers who re-
sisted, wholesalers and retailers were
spied upon and by violence and other
forms of intimidation were prevented
from freely purchasing live poultry.
Transfers refused to handle poultry
for recalcitrant marketmen and men,
bers of the shochtim union refused to
slaughter. In view Of the proof Of
that conspiracy. We said that it was
unnecessary to decide when interstate
commerce ended and when intrastate
commerce began. We found that the
proved interference by the conspira-
tors with the unloading. the trans
portation, the sales by marketmen to
retsilers, the prices charged and the
amount Of profits exacted" operated
substantially and directly to restrain
md burden the untrammeled ship,
Evening star., 1935-05-28
deemed Of the essence Of q mort
gage"

gage"
1T Is true that the original pur-
pose of our bankruptcy acts was
the equal distribution of the debt
or's property among his creditors;
and that the aim of the legislation
was to do this promptly. But the
scope Of the bankruptcy power con-
ferred upon Congress Is not neces-
sarily limited to that which has
been exercised"
I'VE have no occasion to decide
in this case whether the bank
ruptcy clause confers upon Con-
gress generally the power to
abridge the mortgages rights in
specific property"
"The bankruptcy power. like the
other great substantive powers of
Congress, is subject to the fifth
amendment. Under the bank
ruptcy power Congress may dis
charge the debtors personal obli-
CATION because, unlike the States,
1t Is not prohibited from IMPAIR
ing the obligation of contracts"
''The bill as passed by the House
applied to both pre-existing and
future mortgages. It was amended
in the Senate so as to limit 1t
to existing mortgages. This
was done because in the Senate
1t was pointed out that the bill
Evening star., 1935-05-28

Foreign commerce" Is made a miSde-
meanor punishable by q fine of not
more than $500 for each offense. and
each day the violation continues is to
be deemed separate offense.
The live poultry code was approved
by the President on April IS, 1884.
Its divisions indicate its nature and
scope. The code has eight articles
entitled Cd purposes, (2) definitions.
go hours. 90 wages. (5) general la
bor provisions, 90 administration. (O
trade practice provisions and (s) gen.
eral.
The declared purpose is "to effect
the policies of title I of the national
industrial recovery act" The code
Is established as "a code for fair COM
petition for the live poultry industry
Of the metropolitan area in and about
the city Of New York" That area is
described as embracing the five bor-
oughs Of New York City, the counties
Of Rockland, Westchester, Nassau and
Suffolk In the State Of New York, the
counties of Hudson and Bergen in the
State Of New Jersey and the county
Of Fairfield in the State Of Connecti-
cut.
Scope Of Poultry Code
and Industry Is Outlined.
The industry Is defined as includ-
Ing every person engaged in the busi-
ness Of selling. purchasing for resale,
transporting or handling andfor
slaughtering live poultry, from the
time such poultry comes into the New
York metropolitan area to the time it
ls first sold in slaughtered form" and
such related branches" as may from
time to time be included by amend
fnent. Employers are styled "nem-
bers Of the industry" and the term
emplcye is defined to embrace ANY
and all persons engaged In the indus
Evening star., 1935-05-28

"The right Of the mortgage to
Insist upon full payment before
giving up his security has been
The midland journal. (Rising Sun, Md.) 1885-1947, 1935-07-19
CLOUDS OBSCURE ECLIPSE

Viewers of the eclipse of the moon
on Monday night, in this locality, got
but f1eeting chances of it through
riffs in the clouds, during the early
stages of the phenomena.
1t rained earlier in the evening,
but cleared later, and the moon
shone in all her glory, but as the
time for the eclipse approached dark
clouds began to drift over and OBJ
scure it. The clouds became thicker
and thicker, but occasional glimpses
Of the moon were caught between
the riffs in them, and the covering
edge of the dark shadow could be
seen as it gradually crept over the
face of Luna.
The thickening clouds and APP
preaching storm finally blotted out
the moon entirely before the hour of
total eclipse, HOO, was reached.
Later came the rain.
The midland journal. (Rising Sun, Md.) 1885-1947, 1935-07-19
Colored Man Held For
Murder
Victim Dies From Gun Shot
Wound In Back

Stella Wesley, colored, aged SO
years, was fatally shot in the back
by Ollie Chapman, also colored, at
her home in Perryville on Thursday
night about $50 o'clock, and died
at the Havre de Grace Hospital Fri
day morning at $50 o'clock.
Oliver Chapman, colored, aged 33,
of Frenchtown, is lodged in Elkton
Jail charged with murder.
In a statement before her death
the colored woman said that Chap
man went to her house and accused
her of telling lies to his wife. She
denied the accusation and thinking
that Chapman had a club in his hand
with which to strike her, she fled
around the corner of the house.
Instead" she said, sit was a gun
he was carrying and he shot me.
My daughter was there when he shot
me-"
The midland journal. (Rising Sun, Md.) 1885-1947, 1935-07-19
Grant For New Elkton
High School
Total OF $4,000 Made BY
County Commissioners

The Commissioners of Cecil County
and Board of Education held con-
sultation on Tuesday, concerning the
total amount of money which the
Board of County Commissioners were
considering as a request from the
WPA funds for the erection and
furnishing of the architects fees for,
and other incidentals of high
school in Elkton. The County Com
missioners stated that they would
grant a total of $4,000.
A letter from Senator Cobourn,
asking the basis on which awards of
scholarships to the various schools
and colleges in the State, for which
examinations had been held and
awards made by the Board of Edu
cation at it's last meeting, was pre-
scented. The Board of Education
stated that it considered, not only the
ranking made in the examinations by
the students, but had taken into con-
sideration, also, the various factors
of financial ability and character.
A delegation of dealers in coal,
both anthracite and bituminous, ap-
peared before the Board of Educa-
ton to present to the Board, the
costs of Anthracite coal at the mines,
freightage thereon and other costs
for handling and profits on COAL This
presentation of figures was for the
purpose of explaining the basis on
which bids submitted by the various
coal dealers of the County were
founded.
The County Superintendent re-
ported that he had requested an
analysis of bituminous coal from the
State of Maryland, Bureau of Mines,
and State of Pennsylvania, Bureau
of Mines, and had received bulletin
containing an analysis from the State
of Maryland.
The midland journal. (Rising Sun, Md.) 1885-1947, 1935-07-19
STEPHENSON-DAVIS

Mr.. Ralph X. Stephenson, son of
Mrs. A. X. Stephenson and the late
Rev. R. X. Stephenson, of Elkton,
and Miss Marie Mills Davis, of
Smyrna, Del, were married July 6
in Grace Methodist Episcopal Church,
Wilmington. The ceremony was
performed by the Rev. B. M. Johns
and was attended by only members
of the immediate families.
The bride is a member of the
faculty of the Richardson Park
school. She is a graduate of Smyrna
High School and the Women's Col
lege. University of Delaware.
Mr.. Stephenson is graduate of
the Wilmington High School and
University Of Delaware.
The midland journal. (Rising Sun, Md.) 1885-1947, 1935-07-19
TRIP DOWN THE BAY

The Sunday schools of Rising Sun,
Hopewell, Perryville and Port De-
post Methodist Episcopal churches
have arranged for days outing on
the water and at the bay shore.
The steamer Emma Giles has been
engaged and will carry excursionists
to the popular bayside resort, Toll
chester Beach. This is a grand op-
portunity for sail on the bay and
outing, and as the round trip fare is
only fifty cents for adults and
twenty-five cents for children, no
doubt the excursion boat will be
crowded to capacity The boat leaves
Port Deposit at 1880 a. M, Havre de
Grace at 500 o'clock. Returning,
the time for leaving COLCHESTER is
4:90 p. m.
The midland journal. (Rising Sun, Md.) 1885-1947, 1935-07-19
YOUNG PEOPLES CONVENTION

The Nazarene Young Peoples
Convention, held at Leslie, Cecil
county, on July 2, and 4, was one
of the most successful meetings of
the kind ever held in the county.
By actual count 1857 persons were
in attendance on July 4, at 1880
a. m.
The banner for having the largest
number present at the convention
was awarded the West Chester
Church, whose delegates numbered
two hundred and eleyn. Easton
was awarded the banner for having
the highest average attendance, one
hundred and fifty making the trip
of $50 miles TO attend the conven-
ton.
The Rev. F. D. Kitner, president
of the N. Y. P. S., of Allentown, Pa,
presided over the sessions. The
special speaker for the three-day
services was the Rev. G. B. William
son, of East Cleveland, Ohio.
The midland journal. (Rising Sun, Md.) 1885-1947, 1935-07-19
HAVRE DE GRACE YACHT CLUB
REGATTA

The sixth annual regatta of the
Havre de Grace Yacht Club ON the
Susquehanna river, sanctioned by the
American Power Boat Association,
will be held Friday and Saturday of
this week, July 18th and goth.
The program will include races for
all classes of boats, and many of the
most famous racing drivers in the
East will drive cupboard and inboard
speed beats over the course.
The event that will attract the
most local interest will be the annual
handicap cruiser race from the Mary
land Yacht Club, Baltimore, which
finishes at the Susquehanna river
course Saturday morning about $50
O'Clock. DR.. Cecil H. Bagley has al
ready won two legs on the cup, to be
presented to the three time winner of
this even. by former Governor Albert
c. Richie.
Sailboat races will start the meet
on Friday, and other events that day
will include boys and girls swim
ming races, the Susquehanna BUSH
wack rowing race with two men 20
a boat.
On Saturday, after the handicap
cruiser race from Baltimore finishes,
outboards will fill the next four
events for the first heats in Glass A,
B, C, D, E, and F. Final heats in
the cupboard races will be run off in
the afternoon. THE second heat on
the Maryland State Championship in
boards will be staged in the morning
and the finals in the afternoon.
Beginning at 11.40 O'Clock, four
classes of stock runabouts will run
the first heats and beginning at $50
in the afternoon, the final heats will
be run ON these boats. Commencing
at / o'clock Saturday afternoon. a
free-for-all ten-mile race, will be run.
The midland journal. (Rising Sun, Md.) 1885-1947, 1935-07-19
NEW HEADMAsTER AT TOME

DR.. Charles ]. Keppel, newly ap-
pointed headmaster of Tome Insti-
tute, Port Deposit, has assumed his
duties succeeding R, ]. Shortlidge,
who resigned several months ago to
accept the principalship of the
Pawling School, Pawling, N. Y.
The new headmaster is a graduate
of Colby College, Waterville, Me.
and New York University and prior
to coming to Tome was dean of the
boys school at Crandrook, Bloom
field Hills, Mich.
The midland journal. (Rising Sun, Md.) 1885-1947, 1935-07-19
Briefly Noted Hap
penings

The pennsylvania water To"oi
Company has placed 1900 brook
trout fry in streams about HOLLYWOOD.
Governor Earle, bf Pennsylvania,
has signed the bill recently passed by
the Legislature of that State, appro-
priating 100000 to second class
township roads.
Paul w. Kidd has taken over the
Yoder & Nixon store, in Calvert.
Harry C. Mcdowell has rented the
store and restaurant at Cross Keys
and will open "a general store there.
Elkton Jail is being given a new
dress of paint, inside and out,
Clarence 1. Biddle, of North East,
Emmit Carter, of Elkton, and j..
Blaine Mcvey, of Sylmar, are doing
the work.
The Senior Young Peoples Group
of the Perryville NJ e. Church, with
similar group from the North East
M. E. Church, are spending this week
camping at Riverdale Park, near
Millsboro, Del.
The County Commissioners of
Cecil County have appointed Frank
B. Howard, of Chesapeake City, a
Trustee of the Poor and Insane to
fill the unexpired term of the late
William B. Davis.
The Red Mems carnival that open
ed at North East on the night of
July 4th, closed Tuesday night of
this week. S. d. Moffitt, of Elkton,
was the lucky winner of the Ply
mouth automobile given away.
A delegation from the Community
Fire Company of this town, with the
chemical engine, participated in the
firemen's parade at Quarryville, Pa,
Tuesday evening, held in connection
with the Quarryville Fire Co.
carnival.
The Democratic Ledger, of Havre
de Grace, comes to us this week
looking spic and span in an entirely
new dress of type Mr.. Moore, the
genial editor and proprietor, believes
in keeping out in the forefront in all
things in the printing line.
After a delay of nearly a year, the
Department of Forestry has finally
acquired a ten acre tract of land near
Pleasant Hill in Cecil County. The
erection of new forest fire lookout
tower will Immediately be started on
this tract and it is hoped that the
tower will be in readiness for the fall
fire season.
Kirk Brokaw, son of Mrs. Louise
Brokaw of this town, was one of
those to win trip to New York and
up the Hudson to West Point, in the
subscription campaign put on by the
Wilmington Journal Every Evening.
The party of 141 boys and girls left
Wilmington on Monday, returning
Wednesday evening.
The midland journal. (Rising Sun, Md.) 1885-1947, 1935-07-19
MENTIONED FOR JUDGE

William P. Constable, of the Bal
timore and Cecil County Bar, has
been recommended, with seven
others, for appointment 20 fill a
vacancy on the bench of the Court
of Appeals of the District of Column
bia. The recommendations have
been made by U. S. Senators Tydings
and Radcliffe, of Maryland. The
is for life and carries a
salary of $12, 500.
The midland journal. (Rising Sun, Md.) 1885-1947, 1935-07-19
Court Ruling In Road
Supervisor Case
Cecil Circuit Court Overrules
Demurrer Filed BY State
Roads Commission

Judges ]. Owen Knott and Thomas
Court, on Saturday overruled a de-
murrer filed by the State Roads Com
mission in the case concerning the
dismissal of the county roads super
visor and gave the commission five
days in which to file an answer to
an amended complaint filed by the
County Commissioners, plaintiffs in
the action.
Saturdays action means that there
will be a court hearing in the case
after the roads commission has filed
it's answer within the specified time.
Joseph T. Richards, of Rising Sun,
the Cecil roads supervisor, was dis
missed by the State Roads Commits
sion The Cecil County Commission
ers contested the action ON grounds
the State law provided the County
Commissioners should be consulted
in such action.
The court in overruling the State
boards demurrer, said in part:
1.-The State Roads Commission has
abused the discretion reposed in
them by the act of 1896, Chapter
425, in that they found the said
Joseph T. Richards to be incompetent
and inefficient in the dicharge of his
In Of dc in,
county, in that they arbitrarily and
without the exercise of competent
and reasonable judgment of ordinary
prudent men, and without any evil
dence to justify them declared his
said position was vacant but for no
other reason except that he was
Democrat and that they wished only
to fill his position with a Republican
without any regard to the request
county; but solely and entirely for
political reasons, and without any
regard to the fitness of the successor
to carry on said work, and without
any regard to the recommendation of
the county commissioners of Cecil
county in regard to the matter and
silently ignoring their protests of
this action in SO removing the said
Joseph T. Richards
1--WE are of the opinion that if all
the allegations contained in the
amended bill of complaint are proved
to be true, then the County Commits
sioners of Cecil county are entitled
to maintain their suit for injunction.
"The court entertains the view
herein expressed; will therefore pass
an order overruling the demurrer
filed by the defendants in this case"
Under an act of the Maryland
General Assembly last winter the
care of the dirt roads was turned
over to the State Roads Commission
for two more years. Mr.. Richards
was recommended for continuance of
the work under the provisions of the
act by the Board of County Commits
sioners. About six weeks ago the
State board removed Mr.. Richards
and appointed Mr.. Cameron in his
place.
The midland journal. (Rising Sun, Md.) 1885-1947, 1935-07-19
MAN LOSES TAVERN
LICENSE FIGHT

Petitioners who have made per-
sistent fight for over a year against
the operation of a beer tavern in the
town of Appleton of this county won
a victory when the License Board
passed an order unfolding the con-
tention of petitioners and revoking
the license of the tavern keeper,
Frank Trubler. This is the first case
of the kind ever known in this
county.
The License Board also refused the
applications of Golden Dodd, of Elk
ton, and Leo Mccarthy. of Charles
town. for beer licenses.