davidaulloa/AmericanStories huggingface dataset:
Evening star., 1935-01-08
Extracts From Oil Ruling
Chief Justice Hughes Holds Motives of President
Constitute No Answer to Validity
of Section 9(c).

grantee, It would seem to follow that
such power may similarly be con-
ferred with respect to the transporta-
ton of other commodities in inter-
state commerce with or without refer
ence to State action, thus giving to
the grantee of the power the deter
mination. of what Is wise policy as
to that transportation and authority
to permit or prohibit 1t. as the per-
son, or board, or commission, SO
chosen, may think desirable.
Says Section UnambIguous.
section 9 Co Is brief and unam-
biguous. It does not attempt to con-
troll the production Of petroleum and
petroleum products within State.
It does not seek to lay down rules
for the guidance of State Legisla-
lures or State officers.
1T establishes no criterion to
govern the Presidents course. It
does not require any finding by the
President as . condition OF his
action. So far as this section
is concerned, it gives to the President
an unlimited authority to determine
the policy and to lay down the pro-
hibition. or not to lay 1t down. as he
may see At. And disobedience to
hts order Is made q crime punishable
by fine and imprisonment.
"But the other provisions Of Sec
ton 8 afford no ground for implying
a limitation of the broad grant Of
authority in section (C) We
turn to the other provisions Of title l
of the act. = This general out
line of policy contains nothing as
to the circumstances or conditions
in which transportation Of petroleum
or petroleum products should be pro-
hibited-nothing as to the policy OF
prohibiting, or not prohibiting. the
transportation of production exceed,
ing what the States allow"
'The Congress did not undertake
to say that the transportation Of
hot oil was injurious. The Congress
did not declare in what circumstances
that transportation should be for
hidden, or require the President to
make any determination as to facts or
circumstances. Among the numerous
and diverse objectives broadly stated.
the President was not required to
choose. The Congress left
the matter to the President without
standard or rule, to be dealt with as
he pleased"
Evening star., 1935-01-08

Conference Of Citizens Association.
In the only contest Paul Dallman and
Samuel Murphy were elected delegates
to the Community Council. They de-
feated E. E. Dillon. Robert L. Keeler
and Lewis G. Darnuit.
The association commended the
Police Department for its drive on
traffic violators.
1t was announced that part of the
land for the widening Of Kenilworth
avenue has been acquired and the
work on the new roadway will begin
in the Spring or Summer.
The request to retain the present
Board of Trustees OF the Public
Library with undiminished power was
referred to the associations legislative
committee for consideration. Action
will be taken at the next meeting.
The meeting was held in the new
Kenilworth Recreation Center.
Evening star., 1935-01-08

trial recovery act, we find nothing In
the Constitution which restricts the
Congress to the selection Of the Presi-
dent as grantee.
Sees Broader Implication.
"The Congress may vest the power IN
the officer of its choice or in q board
or commission such as 1t may select or
create for the purpose.
"Nor, with respect to such delega-
tion. Is the question concerned merely
with the transportation of oil, or OF oil
produced In excess Of what the State
may allow.
IF the legislative power may thus
be vested in the President, or other
grantee, as to that excess Of produc-
ton, we can see no reason to doubt
that it may similarly be vested with
respect to the transportation Of oil
without reference to the States re-
ouirements. That reference simply de-
fines the subject of the prohibition
which the President is authorized to
enact, or not to enact, as he pleases.
"And If that legislative power may
be- given to the President or other
Evening star., 1935-01-08
MRS. TERESA DEAN
ExP|RE|SAT HOME
First Woman War Core
spondent Was Known
as "the Widow"
~-star star Photo.

Mrs. Teresa Dean, first woman war
correspondent, died today at 1920
am, at her residence, 1919 r street,
after long illness. Death was due
to natural causes. She was in her 70s
After a journalistic career that be-
gan in the early 90s, Mrs. Dean left
the Midwest, where she ran daily
column on Chicago paper, to take
over q weekly symposium on old
Town Topics, then owned by the
late Col. w. D. Mann. She wrote a
page captioned "Reveries of Widow
The reveries were published in book
form and Mrs. Dean became known
throughout the world as the Widow,
conducting her page in Town Topics
under that name for 26 years.
She covered every war and cam
paign in which this country has been
engaged since the Spanish-American
War of 1898, when she was among the
first to reach Tampa, and it was her
Investigations that were largely in
strumental in starting the embalmed
beef scandal.
To China in 1900, Mrs. Dean was in
Tientsin and Peking all through the
Boxer Rebellion, and her Widow
articles from the battlefront and later
from the Philippines. where she COW
cred the insurrection until the sur
render of Malvar in 1902, were copied
throughout the English-speaking
world.
To Cuba again in 1906 the Widow
gave inside information on the Ameri-
can occupation during Gov. Magoon's s
regime, and then wrote series OF
Widow articles from the various Euro
pear. capitals.
Mexico attracted her next, and her
angle on Mexican affairs written dur
ing the troublous days Of 1s12-1z
were considered the most authentic
of any inside information that came
out of Mexico.
Friends alike with the Maderas
Huerta and Pancho Villa, Mrs. Deans
| slant on the Mexican situation was
always enlightening.
During the World War Mrs. Dear
carried on as the Widow and came to
Washington to live in 1923.
Mrs. Dean IS survived by her son
Col. Warren Dean, who left the Army
some years ago and is now engaged
in the mortgage loan business here.
Evening star., 1935-01-08
CAFFERY is EN- ROUTE
TO CAPITAL BY TRAIN
q. S. Ambassador to Cuba Flies
From Havana to
Maimi, Fla.
Ry the Associated Press.

BY the Associated Press.
MIAMI, Fla. January s.-Jeffer-
son Caffery, United States Ambassador
to Cuba, arrived here yesterday in
Navy plane from Havana.
He will leave tonight by train for
Washington, where he plans to lay
before the State Department num-
ber Of problems vitality affecting the
island republic.
Among these, he said, were the
political and economic questions.
Outstanding among these Is the
sugar problem. He declined to dis
cuss in detail the various matters
which he will take up in Washington.
The American Ambassador said he
intended to arrive back here about
Saturday and return to the Cuban
capital by Navy plane.
Evening star., 1935-01-08

to act or requiring him to make any
finding of fact before acting.
1t said the section gives to the
President an unlimited authority to
determine the policy and to lay down
the prohibition. or not to lay it down.
rs he may see mt"
Return to the States Of power to
handle the problem through co-opera-
tive compacts was foreseen by Senator
O'Mahoney (Democrat), wyoming.
Tighter Control Predicted.
A view that even tighter Federal
control of the industry would be at
tempted was expressed by Senator
Thomas. Democrat. Of Oklahoma. 1T
will lead to a decision to bring about
Federal control of the oil industry"
he said.
Section Q Co of the recovery act,
the one under attack, follows:
THE President Is authorized to
prohibit the transportation In inter-
state and foreign commerce OF petro-
leum and the products thereof pro-
duced or withdrawn from storage IN
excess Of the amount permitted to
be produced or withdrawn from stor-
age by any State law or valid regu-
lation or order prescribed thereunder,
by any board. commission, ofncer or
other duly authorized agency Of a
State.
ANY violation Of any order Of the
President issued under the provisions
of this subsection shall be punishable
by fine OF not to exceed $1,000. or
Imprisonment for not to exceed six
months. or both"
Hurley Praises Decision.
Patrick ]. Hurley. former Secretary
Of War, took occasion on his SD
birthday today, to praise the Supreme
Court decision.
TT was fine and right" he declared.
1T will strengthen the authority of
oil-producing States, which have ap-
proved, five to three. the Maryland
plan, whereby two or more States
capable Of producing two-thirds of the
Nations oil will fix allowables. with
the help Of the Federal Government" ="
Senator Nye (Republican) Of North
Dakota said he was wondering how
much more Of the New Deal is going
to be challenged now that the Supreme
Court has made one break In 1t with
its oil decision"
I'VE are up against the question
now OF writing legislation to get us
out OF this oil mess" he said. adding:
Il would like to see an agreement
accomplished that would enable the
/ industry to get away from this fright
ful competition and establish itself
on fair trade basis.
But I would want the agreement
written by a majority of the parties
interested rather than a majority of
the production represented. I don't
want the Standard Oil Co. writing an
agreement, for instance, for all pro-
ducers to abide by"
Evening star., 1935-01-08
N. R. A. WILL FIGHT
FOR CODE DESPITE
DECISION OF COURT

CONTINUED From First Page)
to prevent the generalization of one
of our largest basic industries"
Asked what he thought Of chances
for prompt enactment of oil legiSla-
ton, Chairman Rayburn, Democrat of
Texas, of the House Interstate Com
merce Committee said "its too early
to make a decision on that"
"The thing could be cured" he ad-
ded, "by Congress passing a bill max
ing it unlawful to transport oil pro-
duced in excess of allocations instead
of leaving that to executive orders"
He reminded that such a bill had
been before his committee last Con-
gress, but had been delayed pending
| investigation of the advisability of oil
legislation.
While some oil leaders in the great
East Texas field expressed fear the
S1-a-barrel price structure would col
lapse under a flow of illegal oil and
strove to prevent return of Jungle
law" In competition. one school OF
thought in New York contended the
code and State regulation combined
would handle the situation.
New legislation Proposed.
Moves to present new legislation
remedying that on which the high
court turned thumbs down were
already under way. Chairman Cole
Democrat, of Maryland Of a House
subcommittee handling oil matters
said it would be a good guess that the
| committee would urge new legislation
He said the court decision '1eaves
the problem entirely to the States
without any Federal assistance. Such
assistance was invaluable in bringing
the industry out Of chaos and putting
production more in line with demand.
The high courts first decision or
major New Deal legislation-a de-
cision in which only Justice Cardoze
dissented-brought q quick statement
from Donald R. Richberg. President
Roosevelt's mo. l" co-ordinator
Warning against predictions as to what
the court may decide about N. r. A.
he said:
''The court, even by implication. ha.
not cast q doubt on the validity ol
codes of fair competition"
mo one is justified" he asserted, "ir
prophesying, on the basis Of this opin.
ion, the action of the Supreme Court
in any case involving the validity Of q
| particular code of fair competition, ol
any provision of such code"
Decision Pleases Borah.
From Senator Borah (Republican)
Idaho, who has hurled many criticism,
at phases of N. R. A. came this COM
ment:
st entirely agree with the decision Of
| the court"
On the question whether Congress
has the power to prohibit the oil ship.
ments in interstate commerce, the de.
cision read by Chief Justice Hughe,
said the tribunal assumed "for ths
present purpose, without deciding,
that such power existed.
Z But 1t found that Congress uncon'
stitutionally gave away its Legislative
powers, without laying down policies q
standards by which the President va,
Evening star., 1935-01-08
s. c. Y. Ball to Be Planned.

Plans for the annual ball of WASH
lngton Camp. No. 305. Sons of Con-
federate Veterans, viii be discussed
at regular meeting Of the camp at
= O'Clock tonight at the Confederate
Memorial Hall, 1922 Vermont avenue.
The ball is to be held ut the Willard
Hotel early In March. Comdr. Cor.
don wilkins, will preside ct toniehts
meetinS. -
Evening star., 1935-01-08
FAST CAR SERVICE
TO TAK0MA ASKED
Citizens Group Hears of
Plans to Improve Type
of Public Carriers,

Improved street car service, supple.
mented by bus transportation and re-
tention Of present trackage facilities
in the Takoma Park area were the
paramount issues discussed last night
at the mass meeting Of citizens in the
Takoma Park Branch of the Wash
ington Public Library. Fifth and Ce-
dar streets.
The meeting was called by the Citi-
zens' Association Of Takoma, D. c., for
the purpose Of crystallidng local SEN
timent and was attended by represen-
tatives Of citizens associations of
Bnghtwood, Manor Park, Chillum
Heights. Sixteenth Street Heights and
Petworth. Wallace c. Magathan pre-
sided. Present also were representa-.
tives Of the Public Utilities Commis-
sion, the Capital Transit Co., Wash
ington Rapid Transit Co. and the peo-
pies counsel.
Admits Service Not Best.
William B. Bennett of the Capital
Transit Co. admitted that the citizens
were not receiving the best transpor-
tation to which they were entitled. He
outlined suggested changes that are
under consideration to improve the
service.
Riley E. Elgin, chairman Of the
| Public Utilities Commission, outlined
the part the commission played in Sc
curing data by experts and said the
technical question involved was in
transporting large numbers Of people
through a small belt in the downtown
section. He told of the 20 new-type
cars authorized by the new company
and said that with cars operating
| from Georgia avenue over Seventh
street, running time to the center Of
the city would be reduced about Is
minutes.
w. A. Roberts, peoples counsel.
| forecast the double-tracking OF Ken
nedy street. He said he did not think
it would solve the present problem,
but that he found public sentiment in
favor Of the improvement. He favored
a small underpass at Thomas Circle.
which would speed up the service and
| relieve congestion in the downtown
section and permit cars from the sub
urban sections to make better time.
Extension Offered.
E. D. Merritt, president of the Wash
ington Rapid Transit Co.. expressed a
willingness for his company to extend
its lines northward to Takon1a Park
and give express service similar to
that now in operation on Sherman
avenue, which he said had proven a
success during the rush hours.
Others present as guests of the as
sociation were Richmond B. Keech of
the Public Utilities Commission and
C. Melvin Sharpe Of the Potomac
Electric Power Co. Many Of the rep
resentatives of the various citizens as
sociations present offered suggestions.
Evening star., 1935-01-08

which the best Of
motives Is not q
substitute.
" w h lie t h e
present con tro-
versy relates to a
delegation to the
Pre- S i d ent, the
b asic question
has a much wider
a ppl ication. If
the Congress can
make a grant OF
lie gisl | ative au-
thority of the sort
attempted by Sec
tion 9(c) of the
national ind lIs-
Evening star., 1935-01-08
BY the Associated Press.

BY the Associated Press.
Here are some pertinent extracts
from Chief Justice Hughes opinion
holding unconstitutional the admins
tration's legislation regulating oil
shipments:
1.-The question of whether such q
delegation Ito the President by Con-
gress) of legislative power is permitted
by the Constitution is not answered by
the argument that 1t should be as
sumed that the President has acted.
and will act. for what he believes to
be the public good.
THE point is not one Of motives.
but of constitutional authority, for
Evening star., 1935-01-08
Castle Urges'Foreign Policy Planning Board

The League Of Republican wonsss heard william Cas-
e , former undersecretary OF stt deliuer address
yesterday afternoon In the Mayosr Hotel in whtch he
proposed that board be created to shape American foreign
policies Left to right Castle Mrs. William f. Kelley presi
dent of the league and Bertha Wolfe paramentaran
%s Star
Evening star., 1935-01-08

Continued From First Page.)
Evening star., 1935-01-08
Oppose Beauty Tax.

On the ground that It will diminish
the beauty Of Irish women, men OF
Dublin are protesting against the Free
State tax Of so per. cent on rouge,
hpstick and powdeE.,-4S -.-e..-
Evening star., 1935-01-08
Extension Offered.

Harbor to Cost 81, ,065, 600.
Trinidad's new deep water harbor
at Port of Spain will cost S4,065, 900.
Evening star., 1935-01-08
CAPPERPRA|SED
FOR VOTE MOVE
KeniIWorth Citizens Com.
mend Plan to Enfran-
Chise District.

Senator Arthur Capper, Republican,
of Kansas was commended by the
Kenilworth Citizens Association last
night for introducing a joint resolu-
tion proposing an amendment to the
Constitution empowering Congress to
give the citizens of the District Of
Columbia the right to vote.
John S. Driggers, past president OF
the association, praised the Senator
highly for the efforts he has made in
behalf Of the citizens of Washington.
Kenneth Buker was elected presi-
dent of the association to succeed
Fletcher B. Shipley. who declined to
accept reelection. Before yielding
the chair to the new president, Shipley
was praised for his work. Shipley
served two terms as president and 16
years as secretary.
Hudson Is Vice President.
Other officers elected we're Wisheart
F. Hudson, vice president; Mrs. Mabel
Hubbell, recording secretary; Paul
Dallman. sr., financial secretary;
George Baur, treasurer; John S. Orig
gers and Charles NJ. Maize, delegates
to the Federation of Citizens Asso-
Citations; Buker, Driggers. Mrs. Mae
Hutchinson and Mrs. Hubbell, dele
gates to the Public School Associa-
tion. and John F. Fitzgerald and
Driggers, delegates to the Northeast
The Nome daily nugget., 1935-04-09
BLLAUTHORTZES NOME
 HARBOR PROJECT AND
 OTHERS IN TERRITORY
(By The Associated Press)

WASHINGTON, April 9-The Rivers and Harbors Bill before the House authorizes the following projects in Alaska. The bill carries appropriations but merely au thorizatons.
 Nome Harbor channel eight feet depth turning basin two hundred fifty three thousand dollars, maintenance twenty thousand Extension turning basin two hundred fifty feet wide four hundred feet long, eight feet deep six teen thousand, five hundred dollars.
 Wrangell Harbor dredged basin four hundred feet by six hundred feet the cost be fysix thousand dollars
 Wrangell Narrows Channel twenty-four feet deep two hundred and seventy feet wide, to cost hundred and forty-tWo thousand dollars
 Stkine River removal of snags and annual maintenance six hundred dollars.
 Kodiak Harbor channel twentytWo feet deep two hum dred feet wide seventy-seven thousand dollars.
 Dry Pass Channel, feet deep sixty feet wide seventy nine thousand dollars
 Petersburgh Harbor improvement channels, basin, one hundred thousand annual maintenance fifteen hundred dol lars
 Egegik River Channel five feet deep one hundred feet wide through rapids, five thousand dollars.
 Harbor refuge Seward nine hundred fifty foot break water seventy thousand dollars
The Nome daily nugget., 1935-04-09

eral Ludendorff who is celebrating his seventieth birthday today; as "the greatest field commander of the world war, and under whose leadership Germany braved her world enemies"
 The celebration centered at Lud- endorff's home. Because the old soldier advocated Christian doc trines, no flags were flown in his honor from Catholic or Protestant synods..
The Nome daily nugget., 1935-04-09
Brig.-Cen. Arnold Gets Award End
 Time: Alaska Hop
(By The Associated Pressl

WASHINGTON, April 9-Brigad- fer General Henry H. Arnold com mander of the Pacific Coast wing, General Headquarters Air Force, re ceived for the second time, the Mac Kay Trophy for the outstanding flight of the Armys bombers on their nine thousand two hundred and ninety mile hop to Alaska and return last year.
 In presenting the trophy in a cere mony at Boiling Field, Major James DoOlittle described the flight as "a demonstration of the mo- bility of our national air defense, and a practical demonstration that can lead in the air"
The Nome daily nugget., 1935-04-09
Premiers Europe Preparing For A
 Big Conference
(By The Associated Press)

(By The Associated Press)
 UNDATED, April 9-Premiers of France, Italy. and Great Britain are to join in diagnosing the afflictions which have aggravated European unrest, when the Stresa peace clinic opens Thursday.
 Premier Flandin of France will head his delegation; Musolini will head Italy's; Macdonald for Great Britain Official quarters in London viewed the muddled international situation and believed the affairs were becoming clarified through a collective security system within the League of Nations, which will probably remedy the European ail- ments, under the prescriptions made by the Stresa conference.
The Nome daily nugget., 1935-04-09
Workers Threaten Sympathy Strike
 Rubber Industry
(By The Associated Press)

NDy IlC hSSo1ldlCu ltSS
 DETROIT, April 9-A threat of sympathetic action by some auto mobile workers if the united rubber workers union calls a strike at Ak ron, was injected as a new element into the nations newest labor dis pute.
 Francis Dillon, general American Federation of Labor, organizer, for the automobile industry said that any Walkout of rubber workers will" mean that automobile work CTS will go out with them" Dillon's assertion was made in connection with a pledge of "one hundred per cent operation with the Akron rub Der workers who are taking a vote to see whether or not they will strike.
The Nome daily nugget., 1935-04-09
Present City Council Meets Once More

The last regular meeting of the present city council took place last night at which all councilmen were present The minutes of the last pre- vious meeting were read and approv ed. All bills approved by the fin ance committee were ordered paid.
 Mayor Swartz read communica- tions to and from Delegate Dimond and Governor John w. Troy regard ing the PWA loan and grant special election held in Nome April End.
 The regular order of business was to canvass the election ballots at the last regular meeting, which was done last night, and the results ap- proved
 Lyman s. Brewster, representing Jas Frawley who arranged the pro- perty question in Nome last fall, was present at the meeting with several deeds to be signed by the mayor, to the townsite trustee, J. S. Stangroom.
 Numerous questions regarding pro perty came up at the meeting and were discussed pro and con. The meeting adjourned until April 18th, special meeting, when the old coun cil will adjourn sine die and the new ly elected officers installed for the coming year.
The Nome daily nugget., 1935-04-09
TEN MEN ARE KILLED TRAIN ACCIDENT-RAINS DESTROY
 PROPERTY DAMAGE GREAT
(By The Associated Press)

SACRAMENTO Calf, April 9-Ten railway section hands killed in train collision Roseve last night said be the worst of series of accidents blamed California storms which have already claimed twenty lives with sWrng rush of flood water and record breaking rains the which has caused uncouned property dam age
 The ten repairing the Southern Pacific tracks which had been swept away by rans and instantly killed by a blow and buried under slide Lake Tahoe Threats of serious flood hazards believed be averted with the passing of the peak of the storm
 Houses, farms, crops highways stores, railroads all sui fered the effects of the storm notably in the Sacramento and Jouquin valleys Records of half century standing at and twentytwo years at Los Angeles shattered by the rains.
The Nome daily nugget., 1935-04-09
Court Matters

In the trial of Max Gottschalk in the U. S District Court the govern ment rested this morning and the defense commenced it's case, which until about II am. when placed on the stand, but due to their losing emotional control, court was until pm. and shortly thereafter the defense rested.
 Arguments to the jury and instruc tions by the court were read and the case turned over to the jury about 3:15.