davidaulloa/AmericanStories huggingface dataset:
Evening star., 1936-01-07
Lessons in
LdtUniaking
5. Aye" and "No. /"

MANY bills in Congress are
Ava passed by unanimouse con-
sent. On the more controversial
subjects the House employs four
methods of voting and the Senate
usually two.
There are only 96 Senators, so
as rule votes are taken either
viva voce or by roll call. With a
membership Of 435 In the House,
a roll call is employed only when
absolutely necessary.
Ordinarily the Speaker puts the
question and those in favor say
Aye" then those opposed say
mo" If there is doubt as to the
result. any member may ask for a
division. Those voting in the
affirmative stand up and are
counted, then those opposed do the
same. The Speaker does the
Evening star., 1936-01-07

ticipate in the plan in 1884, and q
100, 900 acres, per cent of the total,
did not participate in 1885. OF the
total number of farms growing cotton,
estimated at $500, 900. SO per cent in
1884 and 13 per cent in 1885 did not
participate.
Hearings Indicated
Coercion Was Required.
T. is significant that in the Con-
gressional hearings on the bill that
became the Bankhead act, 4S stat.
59S as amended by act of June 20,
1884. 48 stat. ll84, which imposes
a tax of so per cent on all cotton
produced in excess OF limits prescribed
by the secretary of agriculture, there
was abundant testimony that the
restriction of cotton production at
tempted by the agricultural adjust
ment act could not be secured with
out the coercive provisions Of the
Bankhead act. See hearing before
committee on agriculture, U. S. Senate,
on S. 1914, Seventy-third Congress
second session; hearing before CON-
mittee on agriculture, U. S. House
of Representatives. on H. r. 8402
Seventy-third Congress, second ses-
sion. The Senate and House COM
mittee> so reported, Senate report
No. 283. Seventy-third Congress
second session, page 3; House report
No. 867, Seventy-third Congress
80
Of the Department of Agriculture on
the administration of the agriculture
adjustment act (February Is, 1884
to December 81, 1934). page so, points
out that the Bankhead act was passed
in response to strong sentiment In
favor of mandatory production control
that would prevent non-co-operatine
farmers from increasing their own
paintings in order to capitalize upon
Evening star., 1936-01-07

PIRATE for the public welfare, and Is
incapable Of practical application. The
spending power of Congress is in ad-
dition to the legislative power and not
subordinate to 1t. This independent
grant of the power Of the purse, and
its very nature, involving in its exer-
else the duty to insure expenditure
within the granted power, presuppose
freedom Of selection among divers ends
and aims, and the capacity to impose
such conditions as well render the
choice effective. It Is contradiction
in terms to say that there is power to
spend for the national welfare. while
rejecting any power to impose condi-
tions reasonably adapted to the at
tainment of the end which alone
would justify the expenditure.
The limitation now sanctioned must
lead to absurd consequences The
Government may give seeds to farmers,
but may not condition the gift upon
their being planted in places where
they are most needed or even planted
at all. The Government may give
money to the unemployed, but may not
ask that those who get 1t shall give
labor in return, or even use 1t to sup
port their families. 1t may give money
to sufferers from earthquake, fire, tor
nado, pestilence or food. but may net
impose conditions health precautions
designed to prevent the spread of
disease, or induce the movement OF
population to safer or more sanitary
areas. All that. because 1t Is purchased
regulation, infringing State powers
must be left for the States. who are
unable or unwilling to supply the
necessary relief. The Government may
spend its money for vocational re-
habilitation. 48 stat. 389, but 1t may
not, with the consent Of all concerned,
supervise the process which it under
takes to aid. 1t may spend its money
for suppression of the boil weevil, but
may not compensate the farmers for
suspending the growth Of cotton in the
infected area. 1t may aid State re-
forestation and forest fire prevention
agencies, 43 stat. 653, but may not
be permitted to supervise their con-
duct 1t may support rural schools,
80 stat. s2S. IS stat. 1lSl, 48 stat.
1902. but may not condition its grant
by the requirement that certain stand
ards be maintained.
Questions Effect on Federal Activities.
1t may appropriate moneys to be
expended by the Reconstruction FL
nance Corporation Ito aid in financing
agriculture, commerce and industry"
and to facilitate 'the expectation of
agricultural and other products" Do
all its activities collapse because, in
order to effect the permissible purpose,
in myriad ways the money is paid out
upon terms and conditions which in
fiuence action Of the recipients within
the States, which Congress cannot
command? The answer would seem
Evening star., 1936-01-07

necessary, that the grant be on the
condition, incorporated In the Morrill,
act. IL stat. sos, 26 stat AIT, that
it be used for the intended pur-
pose. Similarly 1t would seem to be
compliance with the Constitution, not
violation Of it, for the Government
to take and the university to give q
contract that the grant would be so
used. 1t makes no difference that
there Is q promise to do an act which
the condition Is calculated to induce.
Condition and promise are alike valid
since both are In furtherapce of the
national purpose for which the money
Is appropriated.
These effects upon individual action,
which are but incidents Of the author
lied expenditure of Government
money, are pronounced to be them
selves a limitation upon the granted
power, and so the time-honored prin-
ciple of constitutional Interpretation
that the granted power includes all
those which are incident to 1t is re-
versed. Let the end be legitimate"
said the great chief justice, "let 1t be
within the scope of the Constitution,
and all means which are appropriate,
which are plainly adapted to that
end, which are not prohibited. but
consist with the letter and spirit of
the Constitution, are constitutional"
McCulloch ". Maryland, 4 Wheat,
3l6-421. This cardinal guide to con-
stitutional exposition must now be
re-phraSed so far as the spending
power OF the Federal Government Is
concerned. Let the expenditure be
to promote the general welfare, still,
II it Is needful in order to insure its
use for the intended purpose to in
fiuence any action which Congress
cannot command because within the
sphere Of State Government, the ex-
penditure is unconstitutional. And
taxes otherwise lawfully levied are
likewise unconstitutional If they are
appropriated TO the expenditure whose
incident is condemned.
Cites Tariff
Effect on Industry.
Congress through the Interstate
Commerce Commission has set aside
intrastate railroad rates. 1t has made
and destroyed intrastate industries by
raising or lowering tariffs. These re-
suits are said to be permissible because
they are incidents OF the commerce
power and the power to levy duties on
imports. See Minnesota rate cases,
$50 U. S. 352; Shreveport rate cases,
234 U. S. 342; board of trustees of the
University of Illinois VS.. United States.
289 U. S. 48. The only conclusion to
be drawn is that results become law
full when they are incidents of those
powers. but unlawful when incident to
the similarly granted power to tax and
spend.
Such a limitation is contradictory
and destructive of the power to appro-
Evening star., 1936-01-07

the price advances that had resulted
from the reductions made by contract
signers. The presumption of Consti-
tut.onality of a statute Is not to be
overturned by an assertion of its
coercive effect which rests on nothing
more substantial than groundless
speculation.
1t is upon the contention that
State power is infringed by purchased
regulation of agricultural production
that chief reliance is placed. 1t is
insisted that, while the Constitution
gives to Congress, in specific and un-
ambiguous terms. the power to tax
and spend, the power is subject to
limitations which do not find their
origin in any express provision of
the Constitution and to which other
expressly delegated powers are not
subject.
Type Of Spending
Declared Specified.
The Constitution requires that public
funds shall be spent for a defined
purpose, the promotion of the gen.
eral welfare. Their expenditure usually
involves payment on terms which will
insure use by the selected recipients
within the limits of the constitutional
purpose. Expenditures would fail Of
their purpose and thuslose their con-
stitutional sanction If the terms of
payment were not such that by their
i,.R lf he
cipients the permitted end would be
attained. The power of Congress to
spend is inseparable from persuasion
to action over which Congress has no
legislative control. Congress may not
command that the science Of agri-
culture be taught in State universities.
But il 1t would aid the teaching OF
that science by grants 20 State in
stitutions. 1t is appropriate. II not
Evening star., 1936-01-07
ESCAPE DEATH

Representative White and Family
Crash in Auto.
ELLSWORTH, Wis, January 7 (E).
Compton 1. White Of
Clarksfork. Idaho. his wife and their
two children narrowly escaped injury
yesterday when their automobile
skidded off the road and rolled down
q shallow embankment on Highway
No. 10, y miles east of here.
Representative White and his family
were en- route to Washington from
their home in Idaho.
They abandoned their automobile
here and continued by train.
Evening star., 1936-01-07
Over $4,000 Words
Transmitted by A.P.
In Big News Day

Was 1t q news day?
The Washington Bureau of the
Associated Press transmitted more
than $4,000 words on yesterdays
developments, principally in con-
nection with the Supreme Court
invalidation of A. A. A. and
President Roosevelt's budget mes
sage to Congress.
The average days Washington
news Is less than half that.
Evening star., 1936-01-07
Decision

Continued From Sixth Page0
The Hardin tribune-herald. [volume] (Hardin, Mont.) 1925-1973, 1936-03-20

ner. DOCS" head hit the concrete
floor In the orchestra pit and when he
came up he was decorated with a cash
on his forehead several inches long.
Referee Sullivan rushed to Barney
and told him not to be so rough as
DOC" Flynn Of Butte. and a fine fell
low. Barney stopped throwing others
out Of the ring long enough to tell
Patsy that he wouldn't hurt Flynn for
the world. Barney wa 9 giant in size
and before his police days, was EN-:
ployed on smelter hill, packing and
pounds in weight, so tossing the no.
pound Flynn through the air was &C
comp] shed with the greatest of ease.
While the tumult, fighting, and
shouting was taking place, Attorney
Tom Walker Of Butte was relieved Of
q derby hat and a pair of eyeglasses.
ator from Silver Bow county some
years later has owned other hard head
pieces, but none of the specimens Of
he-millinery art were priced as much
as the lifted lid that someone got away
with on the night Herrera was rocked
to sleep in Anaconda Ivy Louie Long.
Prelim Goes Extra Round
in the n preliminary: It was Slam
bang all the way. Abe Cohen refereed.
When the six rounds we're over, Abe
ordered the boys to step off another
canta. At the conclusion of the over
time period, Abe declared the bout a
draw. Then Abe took on the job as
timekeeper for the main went.
ney Barras and Maurice Thompson
were in Herrera's corner. long had
Billy Lavigne, Con Sullivan, Dave Stat
terry and George Biggs in his precinct.
Long claimed the lightweight cham
pionshlp of Montana as a result of his
victory.
In october of the veal before Long
and Herrera fought 20 rounds to a draw
at Vancouver. In that fight the men did
everything to each other that the rules
would not permit, but they got away
with it. There was no love lost when
they met in Anaconda. The Butte gang
thought it was the pay-off in the first
like a selling platter. Neither the Butte
or Anaconda crowds expected to see
Longs great comeback in the second,
when he turned the tide of defeat into
victory. They cheered so much that
tile rafters of the Margaret theater
qLivered with echoes. No wonder the
crowd did not hear the gong as the
by the rush of seconds and spectators
into the ring. and the subsequent dis
order made it a night long to be re-
membered by those who were IN the
scene.
Herrera Got Revenge
Once again, Long and Herrera were
to meet. Exactly two months after the
Anaconda battle, the pair fought at
Butte.
This time the bout went the limit,
20 rounds. Herrera won. It was just
another fight. It lacked the thrills of
the Anaconda encounter. It also lacked
the by-plays. And the wagers were not
as many nor as big.
On the same day the Port Arthur
bombardment was renewed by the
Japanese .. . Senator Mark Hanna of
Ohio was critically i'll . Billings re-
joiced as the news of the passage of
Crow reservation bill was received . .
Two days before, the wedding of Jere-
miah J. Lynch and Margaret Kelly
was solemnized at st. Lawrence par
iSh.
The Hardin tribune-herald. [volume] (Hardin, Mont.) 1925-1973, 1936-03-20
CAN CORRECT
FARM ERRORS
Land Economist Cites Several Fac
tors That Influence Shift
ing Trends

Proper use of knowledge of the sew
eral factors that influence the pro-
ductive capacity of soils will prevent
a repetition Of early errors made in
selecting land for cultivated crops,
in the opinion of H. G. Bolster, ex-
tension land economist at Montana
State college. He warns that past mis-
takes may be repeated if too little
attention is given to productivity OF
soils over a long period of time.
The county economic conferences be-
ing held this month throughout the
state are designed to bring to farmers
and ranchers all of the available in
formation on factors that influence soil
fertility. Study of this information
Bolster believes, will aid in formulat-
ing a better land use program in Mon
tana.
Stability in agriculture is associated
with the establishment of permanent
farm homes. Past experience has shown
that as soon as a dry land area is hit
by successive years of drouth, farmers
move to another area within the state
that has had a heavy rainfall. This
shifting of farm population, Bolster
said, is governed by abnormal rather
than average conditions. The result is
large individual farm debts, delinquent
taxes and many acres of abandoned
land.
Permanent homes can be established
by using the basic information provided
in soil surveys which have been con-
Quoted in % Montana counties, Boil
ster said. "These surveys, which indi-
cate the productive capacity of land
under average rainfall over a period
of years, will be explained thoroughly
at the economic conferences so that
stability for agriculture can be plan
ned"
The Hardin tribune-herald. [volume] (Hardin, Mont.) 1925-1973, 1936-03-20
HEREFORD SALE
TO BE MARCH q
HENRY THIESSEN'S REGISTERED
STOCK UNDER HAMMER AT
SPOKANE STOCKYARDS

An event of prime importance to
stockgrowers Of the northwest will be
the dispersion sale of the Henry
Thiessen famed herd Of registered
Herefords, which is to be held 1T the
Old Union S~tockyards at Spokanee'
on Saturday of next week, March ~.
Under the able hammer-wielding OF
Auctioneers Col. Fred Reppert and
SANDY" Keith, 1876 head Of cattle
breeding COWS, many with calf at Slde;
one and two-year-old heifers: hero
bulls s,,i and gr rogittSreg you a1f t eaasT and
health certificated.
The sale will mark the complete, re-
tirement from the field of livestock
breeui1c of Henry ThiesSen of Guide
sac, Idail.. -" has been successfully
engaged l. $ work for the last 26
years.
From f.. iation stock purchased
Kansas, the Ihiessen herd was estab-
lished in L.. By selective breeding to
outstanding sires, the herd has de
veloped into one of the most notable
in the mort Invest. The present herd
bulls, whic'l will go On the block next
week are Lime Lad Panama Attn. I'M
defeated as a Junior calf, now weighing
condition; Choice Domino. and Prime
Lad Pana ma 9Th. The get of these bulls
has shown successfully for 10 years on
the north western show circuit, winning
grand ch ampion bull honors five times:
Grand champion COW honors once, and
junior hampton COW once, and has
consistently topped the sales at the
Pacific International Livestock show
at Portland. .
The general type of the herd
throughout is low set and blocky, with
heavy bone" states Mr.. Thiessen. The
animals have been run under average
ranch and range conditions. have never
been pampered, and are in excellent
condition. he adds. "All the cows and
and many will have calf at side by the
date of the sale. There are many fine
herd bull prospects among the young
hu11So
The Hardin tribune-herald. [volume] (Hardin, Mont.) 1925-1973, 1936-03-20
RODENTS
ARE DESTROYED
Cascade County Al Club Mem
bers Sponsored Control
Contest
tMoNTANA STATE CoLLEGE)

(MONTANA STATE
Nearly $4,000 rodents and pests
were destroyed by All club members
in Cascade county in 1895 through
the rodent control contest carried on
by ~ clubs, it is revealed in the an
nual report filed with j. C. Taylor,
director of extension, by Dan Thur
Der, county extension agent.
A carefully worked out system of
points ranging from so for groundhogs
to 10 for crow or maybe eggs, was
used for scoring the contest. To stimuli
late interest in the project the board
Of county. commissioners appropriated
$500 in cash to be used as prize money
for the winning clubs. The distribution
of the prize money is decided by the
entire club enrolment and club lead
ers. To be eligible for a share in the
prize money q club must have all of
its projects completed 100 percent.
In addition to the cash prizes award
ed to the high scoring clubs. merchan-
disc prizes were awarded by Great
Falls business houses to the high scor-
ing individuals. Twenty-one club men,
bers with scores of 5000 or more shared
in the individual awards last year.
Besides the III club rodent control
program, a regular rodent control prof.
ect was carried on last year in which
$4,000 pounds Of poisoned bait was dis
trtbuted to farmers.
The Hardin tribune-herald. [volume] (Hardin, Mont.) 1925-1973, 1936-03-20

ing that could be done about it. The
bell rang, and that was my signal.
Il ordered the ring cleared, so the
fight could proceed. Barney Fitzpatrick,
/ Anaconda night police chief, and sew
eral firemen moved into the ring to
restore order. The announcer tried
hard to gain the attention of the crowd
to say that the fight would resume as
soon as there was order in the ring.
I Herrera Out in Third
1T was at least five minutes before
the ring was cleared. Herrera was out
all during the long intermission. When
the bell did ring for the third round,
Herrera was lifted off his chair and
socked him with a left, then a right.
I The Mexican fell in a heap, his head
striking the floor. Herrera was down
and out. Nose LaMontise, Herrera's
chief second, saw the sorry condition
his man was in, and dashed into the
ring. The crowd thought Nose vas in
Nose stopped to pick up the Mexican,
he instructed me to give the fight to
Long. AS I raised Longs hand, angry
roars turned into cheers for the victor"
When Patsy finished telling me his
story, illustrating the Long and Her
rera punches by over-emphasized force
on my person, he sat down in an easy
chair to rest. Wiping his sweated brow,
that was a wild fight, and a wild
crowd" Then, accompanied by his
walking stick, he made for the door.
$50 long, and I don't mean Louie or
Hughie," was Patsy's parting shot.
Doc Flynn's Fast One"
When the bell rang ending the sec
ond round it vas not rung by the time
keeper. Abe Cohen. There was still q
fouy coaNrIc RI m Ahn bod rN,,ofol
to eight. DOC" Flynn had many wagers
for Butte sportsmen at four to one,
all Of the money going down on Her
rera. doc" tried to save the money of
his friends and some of his own. Seeing
Herrera motionless with the count al
the bell. He was among the first to
get into the ring to help Herrera to his
corner.
Flynn wa amateur lightweight cham
pion of the Olympic club before he
moved to Butte. In the early COS DOC"
won a trip to New Orleans and a ticket
to the Bob Fitzsimmons-Peter Maher
fight. Maher, famous for his hard
punching, knocked Fitz cuckoo. AS the
count was nearing 10, Joe Chopnoski,
who was in Fits corner, rang the bell
when the toll had reached ven Fitz
was saved from being counted out and
came back to win. Quick thinking on
ing to an old Chopnoski custom also
saved Herrera, but only for a round,
as he was not only down but out in
the first minute of the third round,
way too soon to do any more Illegal
bell ringing.
Officer Shakes Punch
Flynn pulled a smart one by making
the bell speak, but during the second
and third rounds he was a victim of
some rough treatment. DOC" and Nose
LaFontise were trying to prolong the
intermission so the Mexican could re-
gain his mental balance. When the
referee called in Barney Fitzpatrick to
restore order, DOC" let go Of a right
handler on the point of Barney's Jaw.
Barney just shook his head, then picked
DOC" up by the neck and seat of the
trousers and threw him out of the
ring in a neat and workmanlike man.
The Hardin tribune-herald. [volume] (Hardin, Mont.) 1925-1973, 1936-03-20
FILES CIVIL SUIT

Frank h. johnson, state bank examiner
has filed civil suits against stockholders in
four closed banks seeking to recover a total
$40, 235 in stockholders liabilities. Suits are
against several stockholders in the East Hell.
ena State bank, Kelvin State bank, Fairview
State bank. and Farmers and Merchants State
bank of Savage.
The Hardin tribune-herald. [volume] (Hardin, Mont.) 1925-1973, 1936-03-20
STATE BUYS BONDS

The state board of land commissioners
purchased the $4,000 worth Of Butte school
district bonds. which. with a public works
grant Of 1850, 900 will finance the construc-
ton Of an 100000 high school building in
that city. The bonds will draw SIS percent
interest. Agreement was made that the dis
trict Is to deliver the bonds in quantities
and at times according to the need for con-
struction funds.
The Hardin tribune-herald. [volume] (Hardin, Mont.) 1925-1973, 1936-03-20
Dillon Old-Timer
Is Death Victim

Carleton lines, a resident of Dillon
sstet iG,o, 4o oe y1 taH,n 'e diad o ~ . Wa was
pital there a few days ago after a long
illness. He was born in Canada Dec.
z, 1867.
For many years Innes operated a
ranch in the Rattlesnake section south
of Dillon. He was active in Masonic
affairs.
The Hardin tribune-herald. [volume] (Hardin, Mont.) 1925-1973, 1936-03-20

Sweets for children are best ct the
end of q meal. Eaten before they spo0
the appetite for other foods.
The Hardin tribune-herald. [volume] (Hardin, Mont.) 1925-1973, 1936-03-20
Montana
Ring Tales
AURELIO HERRERA VS.. LOUIE LONG
By JOE L. MARKHAM
Chairman Montana State Athletic Commission

If you like your ring tales favored with melodrama, this weeks story is
repete with that commodity It is the story Of a fight that featured hard
milling, knockdowns, bootleg belrtngng, disorder in the ring, mismder-
ended in the third round-maybe it was the fouth-one newspaper said
the third, another printed the account of the fourth round. But take the
word of Patsy Sullivan, who was the third mar in the ring, the third inning
The Hardin tribune-herald. [volume] (Hardin, Mont.) 1925-1973, 1936-03-20
Helena MOtOrist
Fined $3.50 On
Hit Run Charge

Everett Juhl of Helena recently
1hat resulted in the death last fall OF
John Habb near Clancy and was given
= suspended sentence of one year l
the state penitentiary and ordered to
pay q fine of $3.50.
The unfortunate accident occurred
last fall on the Butte road near clancy
Tire defendant was driving a a which
struck the aged a as he was walk.
ND across the road. Juhl was charged
With leaving the scene of the accident.
It takes three generations to make
o gentleman but some press agents en-
~ TO do it within a few short weeks.