Show 4 r-- Tuesday Morning- - -- Roosevelt Gets 449 Votes As Elect ors FinishTask I & V £bt Salt £ake Calls for Absent Colleagues 44" P ? Indiana Balloters Misspell-NamOf Willkie Coloradans Forget To Take Oatli Before Ceremony e Browder The electors met in the various Communist 239 138214 and Babson Procusitate capitals and guided by hibition 74 a-- total of 319649 tom and the votes of 49818995 Nebraska — Roosevelt 263677 citizens cast 449 ballots for Frank- Willkie 352201 total 415878 lin D Roosevelt and 82 for WenThis left the national standing dell L Willkie as follows: The official canvass of the popu- Roosevelt Democrat 27245422 lar vote on November 5 was com- Willkie Republican 22333801 ' last the two Monday by pleted 116796 Thomas Socialist States — Rhode Island and Nebraska Babson Prohibition 58674 —and the resultant national total Browder Communist 49 028 27245422 Roosevelt and Aiken Socialist Labor gave 14861 Willkie 22333801 413 of votes Scattering balin Some electors Monday's loting failed to show up and sub49818995 Total stitutes had td be hustled m at President Roosevelt’s plurality Colorado’s six over Wendell Willie was 4911621 the last moment electors cast their ballots went to hi n chthen remembered none had taken the oath (Officials Vyled they could swear in later) Dallin Loses Son in War Assail System electors of Texas cast--Jn- g their vote or Mr Roosevelt adopted a resolution declaring the electoral system obsolete and urging congress f& initiate a constitu tional amendment abolishing it Mr Roosevelt almost received one of Michigan's 19 votes which An elector went to Mr Willkie voted for the president then explained it was an error and that “I'm a Willkie man” They tried It again and Willkie got the 19 ballots In Missouri a substitute voted for one elector who withdrew in protest against a third term after the president was renominated Name Misspelled Indiana’s 14 electors all Republicans gathered and voted Democratic Governor M Clifford Townsend examined the ballots and announced that although Willkie’s --was miss the slips he presumed the Indiana native son was the one for whom ' the votes were cast J Storm ept dmme’ electors' Way In a few midwest states but substitutes were appointed Here and there about the country individual lectors failed to show up Up in New York Mr Roosevelt's legal home the 47 electors balloted for the president then voted to donate their traveling expenses — about $2100 which is furnished by the state — to the Warm Springs foundation in Georgia sponsored by Mr Roosevelt The official canvass Monday of the popular vote In Rhode Island and Nebraska gave these results: Rhode Island — Roosevelt 181- The-”2- ARLINGTON eof Dec 16 UP) sculpDallin the widely known Indian statue "Appeal to the Great Spirit" was notified by the state department Monday night that his son Arthur a French Foreign Legion officer unreported since the battle e of France died at Luzancy-Sur-Marn- June 12 The message said only that Second Lieutenant Dallin who was It 43 had "died for France” originated in the American embassy at Vichy born in The younger Dallin France served with the French army during the World war joining on -- vnnffi Court Rulings tion" Casting aside various decisions of the supreme court relied upon by the intervening states the court referring to on of its decisions says: "In Kansas vs Colorado the point was the government’s advocacy of the doctrine of sovereign and inherent power to justify the United States taking charge of the waters of the Arkansas to control the reclamation of arid lands There was found no constitutional authority for irrigation in the commerce clause or In the clause relating to property of the United States — It— cannot -- be— said how-evthat the case is authority for limiting federal power over navigable waters to navigation especially since the stretch of the Arkansas ver involved in was asserted by the government to be nonnavigable” Dissenting Opinion In their dissent Justice Roberts and Justice McReynolds point to the fact that the U S district court and the circuit court of appeals both held the New river to be nonnavigable and under the custom of the supreme court their finding of fact should be accepted They go on to say: “If anything has been settled by oilr decisions it is that in order for a water to be found navigable navigability in fact must exist under ‘natural and ordinary conditions’ This means all conditions including a multiplicity of obstacles falls and rapids which make navigation a practical imThe court now possibility er the-dis-p- —Cyrus tor of -- pelled-orrThre- Mass Court Decision Hits States’-Water Rights (Continued From Page One) Respondent asserts that the rights of the United States to the use of the waters is limited to naviga- Willkie 122 December 17 19 Ruling Delegates Control to U S Power Board electoral college Monday WASHINGTON Dec 16 (AP)-T- he Voted President Roosevelt a third term — a routine bit of business attended however by some confusion and misspelling of candidate names (Tribune - Acting’ Speaker McCormack oF the house asks return of absent colleagues by Wednesday for vote on expected veto of Walter-Loga- n bill by President Roosevelt House Member House Leaders Finds Strong Rally Forces Canal Defense For Veto Vote WASHINGTON WASHINGTON Dec 16 (UP)— Dec 16 (A) — Conversion of the Panama canal Fully expecting that President zone into an impregnable fortress Roosevelt will veto the Walter-Loga- n bill both Democratic and to guarantee America’s vital shuttle line between the Atlantic and Republican house leaders Monday the Pacific is proceeding "rapidly asked absent an ambulance unit at 18 and later and colleagues to return satisfactorily’” Representative to Fontainebleau from the graduating' by Wednesday for capitol second lieu- - Eugene Crowe (D) Indiana mem military school with—a — — He — won a Croix de ber— of—the— house—nwlitarv—affairs - -avoteon -4he - uesbtn -o:f'“Overrld tenantry: committee told the United' Press ing his objections Guerre in that conflict A month after France entered Monday night Acting Speaker McCormack (D) Crowe who has just returned the present war '’Dallin entered the Massachusettsr- - and Representative eahftt Twelfth foreign legion 'regiment fromtnspectingthS Martin (R) Massachusetts minorbewith the rank of second lieutenant closed that the canal locks are In shields which "no ity leader announced that they had The effort to stop the German ing housed sentnotices to those members who drive on Paris cost the regiment 90 bomb can dent” and that the hills have the waterway are gone home that "an impordominating in of June cent its strength per with heavily camouflaged tant vote” would be taken on the studded so not known widely Although bill that day Friends said that as his father Arthur Dallin was antiaircraft nests was planning to said increased He the Speaker Rayburn vastily his ranked as a famous artist in in strength of both the army and come back from Texas own right He specialized Mr veto the had de- navy establishments there ( lends measureRoosevelt must or stained glass work-anit will by Wednesday "reasonable assurance” against the signed windows for more than 50 possibility of invasion or capture become law without his signature American churches Although the house approved the (Although official figures have His father is a native of Spring-vill- e bill two to one two weeks ago Utah and visited his home not been revealed It is believed few members would predict what town and Salt Lake City last year there are more than 50000 troops the vote would be on the question His present residence is In Arling- in the canal zone strongest units of of which reportedly are air patrol overriding a veto Approval by ton Heights Mass of the members present and combat forces) Crowe said that the new army and voting is required to override Both proponents and opponents air base being constructed at the Pacific end of the canal will pro- said the outcome would be devide strong patrols for the west- termined by how many currently ern approaches to the strategic absent members returned for the waterway as well as land areas in vote The controversial measure which South and Central America which might serve as springboards for squeazed through the senate on a hostile forces This air base will 27 4o 25 vote would broaden jurisbe an adjunct of the main base diction of the courts over regulations and orders of at Albrook field federal agencies such as the labor board and securities commission Critics of the legislation contend Siinis Bins: it would "hamstring” such agen’ area-rais-- two-thir- quasi-judici- al Crobv $1575000 Contract HOLLYWOOD Dec 16 Paramount studio announced day night it had closed a cies j)P— Navy Will Use Blimps Monthree-ye- ar For Coastal Patrol contract with Bing Crosby for a series of nine motion pictures at SAN DIEGO Cal Dec 16 (A9— $175000 a picture In addition to the $1575000 the Lewis Compton assistant secretary crooner-wil- l receive under this of the navy said Monday that a contract he has a contract with a definite lighter-than-a- ir policy had phonograph record company for been formulated by the navy and five years that pays him $60000 a that bases for operations probably year and a radio contract calling would be established on both coasts for $200000 annually 3701 State C Buy a Brand-NeGeneral Electric Refrigerator at Our- w Special Christmas ordinary conditions’ refeTs only to volume of water gradients and regularity of flow No authority is cited and I believe none- - can oe found’ for thus limiting 'the of the phrase But further’ the court hols contrary to all that has heretofore been said on the subject that the natural and ordinary condition of the stream however impassible it may be without improvement means that if by ‘reasonable’ improvement the stream may be rendered navigable then it is navigable without such improvement that ‘there must be a balance between cost and need at a time when the improvement would be useful’ None can be cited which countenances any such test It is not true that where a stream in its natural and ordinary condition is nonnavigable a project to build a canal along its entire course or dams and locks every few miles at enormous expense would render it a navigable water of the United States Who is to determine what is a reasonable or an unreasonable improvement in the circumstances or what is a proper balance between cost and need? If these questions must be answered it is for congress certainly not for this court to answer them If this test be adopted then every creek in every state of the union which has enough water when conserved by dams and locks or channeled by wing dams and sluices to float a boat drawing two feet of water may be pronounced navigable because by the expenditure of some enormous sum such a project would be In other words of Execution congress can create navigability by determining to improve a nonnavi gable stream "If this criterion be the cor rect one it is not seen how any stream can be found not to be navigable nor is it seen why this court and other federal courts have been at pains for many years to apply the other tests mentioned when the simple solution of the problem in eachcasewouldbave been to speculate as to whether at ’reasonable’ cost the United States could render a most difficult and forbidding mountain torrent suitable for the least pretentious form of water traffic” pds-sib- le Former Gty Official B an 1864 land grant it might ‘'long-litigat- Court Upholds Wisconsin Dividend Tax WASHINGTON Dec 16 WP)— The supreme court in a 5 to 4 de- the ’consti- tutionality of a Wisconsin tax on dividends of corporations doing business there- The tax enacted in 1935 is levied against that portion of a company’s dividends attributed to the profits from its Wisconsin operations and is in addition to a corporation income tax which Wisconsin levies against a similar- - proportion of a company’s earnings The dividend levy was attacked by the J C Penney company The 2 Vi per cent tax in effect is a levy against stockholders all over the country but actually the company itself remits the tax to Wisconsin and deducts it from its dividend checks State Court Reversed The supreme court upheld the tax reversing the Wisconsin orT thiTground that it was a valid "exaction” for the privilege of doing business in Wisconsin — or— iq the words of Justice F'rafikfurter’s majority opinion: "The incidence of the tax as well as its measure is tied to the earnings which' the state of Wisconsin has made possible insofar as government is the prerequisite for the fruits of civilization for which as Mr Justice Holmes was fond of saying we pay taxes” "A state is free to pursue its own fiscal policies unembarrassed by the constitution” Frankfurter wrote “if by the practical operation of a tax the state has exerted its power in relation to opportunities which it has given to protection which it has afforded to benefits which it has conferred by the fact of being an orderly civilized society Privilege Given ’The simple but controlling question is whether the state has given anything for which it can ask return The substantial privilege of carrying on business in Wisconsin which has here been given clearly supports the tax "We must be on guard against imprisoning the taxing power of the states within formulas that are not compelled by the constitution but merely represent judictal generalizations exceeding the concrete circumstances which they profess to summarize" Roberts wrote the dissenting opinion' in which Chief Justice Hughes and Justices McReynolds and Reed concurred1 "I assume" Roberts said "that the principle still holds good that a state a member of the sisterhood of states in the republic cannot extend her sovereignty by legislation so as to prohibit to regulate or to tax property or transac-tions'-citizens of other sovereign states ”1 have thought that these principles were of the very warp and woof of the constitutional system which binds the states together in a federal union Attempted transgressions of these limits or state sovereignty have time and again of Claimed $100 Pr TTFWff3 $115 Pr -- TPaTr''$3'30 Attractively Boxed and Wrapped as Ch ristm as G ifts (EVENINGS but that the government had more than 2000000 acre of t JL federal reservations and foreet leaving a comparatively m amount from which to choose The government on the other hand charged fraud in the pW fications and also contended th carrier had received 1400000 improperly as a result of buS along an unnecessarily circuits route" to Puget Sound The court also to rev a suit in whichagreed Represents Arthur W Mitchell D) only negro congressman sought chailengeThe constitutionality Jim Crow railroad cars in whirl negroes are segregated m th south A federal district court j Illinois had dismisse- d- hie a railway which he saii against ’ forcibly ejected” him from puii man car in Arkansas on a tri 19371 Ch‘cag0 t0 Hot sPrng it ed & The tourt also agreed to the constitutionality of a Cal ifornia law making it a made’ meanor to assist an indigent per son to enter the state e 'Famous New Q E With Sealed Units t Beautiful Cabinet Sliding Vegetable Drawer Sliding Meat Storage AILlhab-LatestFeatur- g eg- N J 1 Will Hold for Christmas JL M?Fory°u 1 Delvery Now — Supply Limited Untreated Slack $625 $575 5475 5450 5375 Guaranteed Highest Quality American Goal Co 4a20-e-Ma- 1711 Grs Sal $10 Moi ter J gan ban the cen con' coin cen cerr Div 1 jjninsu j shoi 5 I toc Tl I ling i ply ' “bri 5 ficc I twei Tl I exte by an l sion the Ju IC nHh°e justr tt of ’T the The c are ' votii AIILand railroad contended It was entitled to every acre of its grant - oapj '- Wou Bank Hearing Meets Delay "T light to fu the son lieve Dec 16 (A) -Trial Examiner Henry Fitts called another halt Monday in the securities and exchange commission’s hearing into Transamerica Corporation’s registration statements James Treanor commission attorney obtained an indefinite recess because he said he was unable to continue for lack of witnesses and documents Just before Fitts ordered suspension of the hearing Treanor had asked L M Giannini president of the Bank of America affiliate of Transamerica if it were not true that the bank had overstated its net profits some $43000000 in five years 1932 to 1936 Giannini had refused to answer upon advice of counsel claiming’ national bank affairs were confidential not proper for public disclosure and subject to the comptroller of the currency rather than the SEC The overstatements Treanor said were made in bank reports to Transamerica SAN FRANCISCO WASHINGTON Dec 16 fa vo Th calle gam the Ju a fin the heftier you buy them or to give a: Christmas gifts you have reason to be proud wheS you select Loomcraft shirt: (or yourself What Other white broadcloth shirt at this or slightly higher double price offers a weave collar that will outlast the body of the shirt? non-wi- lt too for pe- All Loomcraft shirts are pertly tailored by master craftsmen And what grand I presents for every man ie plane-buildin- ACCOUNT OPEN AN ) run afoul of the fourteenth amend- ment” The minority declared that the disbursing of dividends was an act "wholly beyond the reach of Wisconsin’s sovereign power one which it cannot effectively command fr prohibit or condition” No finer Christmas gift ALL In -- THE FAMILY one! Yes you give a GIFT A DAY when yo friend relative or even your own Salt a year1 subscription to The Lake Tribune for Christmas from they'll derive to keep it Complete news and pictures A variety them informed on current affairs And what enjoyment ' When — on you send this gift that "keeps first be delivered Christmas with your own morning in a special wrapper personal letter of grfeeting giving"-i- t will more GIVE SOMEONE A SCRIPTION TO SUB- - " 1 ceptc rmanent fit 365 gift s ( new The war department has awarded a $5210513 contract to the Republic Aviation corporation of Farm-IngdaN Y for expansion of g its facilities authoritative sources disclosed Monday Details were not made known immediately FOR c adva tion -- 4A i mg be Plare Job Awarded COAL’l $625 Stove and Lamp Stove Nut Pea Oil Slack roa and pora prov ing i famous comics they'll all enjoy — pos ! ek PUre Tour 6rder OPEN r The PITTSBURGH Dec 16 CP) — Churchill Mehard former city solicitor serving a three-yejail sentence for taking bribes was court criminal Monday paroled by because of failing health The World war brigadier general who sa(d he had been offered a job by a Los Angeles real estate firm has spent a year in jail since conviction for accepting $11500 in bribes for settlement of $375000 in damage suits against the city His parole rung for twoyears FOR WISPY CHIFFON deprived of any award carrier by fraud had obtained a classification as mineral land of 3782377 acres along its right of way in order that it could select The commpre valuable lands pany under the law could not select mineral lands The high court at the same time case to returned the twice-Kear- d the eastern Washington federal district court after deciding some issues in favor of the government some for the railroads and some not at all Held for Carrier The lower court had held that the railroad was entitled to receive just compensation for 1453061 acres withdrawn from the land grants m six western states Wisconsin Minnesota Montana Wyoming Idaho and Washington As for the government’s allegation the court through Justice Roberts held that the lower court erred in dismissing the fraud charge It foand that the government has the right to be heard on the issue has the burden of proving the contentions and that if sustained “the company should be charged with lands or values obtained as mineral indemnity through the fraud of its agents and their collusion with the commissioners" Millions of acres of land were granted to the railroad in the early days to aid the carrier in building a line between Lake Superior and Puget Sound ar DAYTIME WEAR in Early Days lami be The government had contended in the case that the Receives Parole HOLEPROOF HOSIERY I WASHINGTON Dec 16 (AP)— The supreme court ruled that If the federal government could prove that the Northip Pacific railroad was guilty of fraud in the classification 'of state Monday-uphel- RuIingurRail Dispute Of Land Granted te cision c Says Proof of Northern Pacific Fraud Will Deprive Road Supreme court decisions Monday: Broadened the control of the federal government over the nation’s waterways beyond mere considerations of navigability Upheld the right of a state (Wisconsin) to tax dividends cordeclared by porations on profits earned within the state The court agreed to review the constitutionality of: Segregation of negroes in “Jim Crow" railroad cars in the south A California law making it a misdemeanor to assist an indigent person to enter the d U S Wins Supreme Court Ask your neighborhood carrier for defails Or phone our circulation depart i now? ment Why not do so 1 The Salt Lake Triburiefor Christmas - whet "the plan sion Jui comr ganu do ar erty pann those Th ver e road tion Wi Swar Nove |