anaheim-gazette 1923-01-04

LEGAL PHASES OF CO-OPERATIVE ASSOCIATIONS A discussion of the legal phases of co-operative associations in language that can be understood by the laymen, is contained in department of agriculture bulletin 1106, just issued. This is the first of a number of publications on various phases of co-operation which the department is preparing. An attempt was made to examine all the decisions of courts of last resort in this country relative to cooperative associations. The principles applied and announced in these decisions are set forth together with references to the cases cited. Some of the subjects treated are the elements and characteristics of incorporated associations or corporations, how they are formed, the nature of a charter, the liability of an association for promotion expenses, the responsibilities and liabilities of officers, directors and members; the right of an association to restrict the transfer of its stock, the legal effect of an attempt to limit the amount of indebtedness that an association may incur, and the differences between stock and non-stock associations. The nature and characteristics of contracts entered into by co-operative associations with their members are discussed. In this connection such subjects as liquidated damages or penalties, the right of an association to pool the products of its members and to determine the grade of the products handled are treated, as well as the right of an association to a decree requiring the specific performance of a contract entered into by it with a member and the right of an association to an injunction to restrain a member from breaching his contract with the association. New Hampshire's publicity agents, who are busy in the middle west, the recruiting ground for good Californians, with propaganda to attract settlers to New England. It is pointed out that farm land "down east" can be bought for $21 an acre, while the average price of agricultural land in the United States is $57 an acre. Publicity pays. California has proved it. New Hampshire does well to imitate western advertising methods, and we wish the old Granite state all success. Land there is doubtless worth $21 an acre. So is California land worth five and ten times that amount. GETTING RESULTS FROM STATE ADVERTISING Everybody Wants Information Relative to California. That it pays to advertise is again proven by the large number of letters of inquiry received in response to the campaign of advertising recently inaugurated by Californians, Inc. Many letters from abroad are beginning to drift into headquarters at San Francisco. "In the last two days," Director B. M. Rastall stated, "we have received letters from France, England, Austria and Holland. Those are the first from Europe. We had already received a large number of inquiries from northwestern Canada and Mexico, and some from South America and one from Porto Rico, in the West Indies. "These letter from Europe in general voice weariness of the hard conditions imposed on ordinary life by the war and express a desire to begin anew in California. This is especially noticeable in the letters from France." One of these dated Paris, is from danger to the advised attempt or extreme rules which makeive investors. "Mining in C., reached the point there was a de gold mining somewhat better far from being tion. Prosperity pends upon There must be investment, so that he develop The cost of pro that the mines onable profit. Must be an ad available, at a miner and oper equipment and moderate. This try must not be rented regulation would discourseors or nullify the gain of profit malifornia mines." Higgins direct fact that many ncia operate on ed: "There are be re-opened ww and milling sussof $1 a ton. Thnia gold mines would have to s production shou same amount." The course to the mining industry wealth from tha allow the opera encourage tha that are shut do discussed. In this connection such subjects as liquidated damages or penalties the right of an association to pool the products of its members and to determine the grade of the products handled are treated, as well as the right of an association to a decree requiring the specific performance of a contract entered into by it with a member and the right of an association to an injunction to restrain a member from breaching his contract with the association. As many co-operative associations act as agent for their members in handling and marketing products, the subject of agency with reference to such associations is treated, and the liability and responsibility of an association and its members under such circumstances are considered. The matter of unincorporated associations is also discussed and the rights and liabilities of members of such associations as between themselves and with reference to third persons, are pointed out. The bulletin also goes into the subject of monopolies and in this connection deals with the Sherman and the Clayton anti-trust acts. Section 6 of the Clayton act is specifically discussed. The Capper-Volstead act, which authorizes the association of producers for the purpose of handling and marketing their products, and which confers on the secretary of agriculture jurisdiction over such associations as comply with its terms, is discussed quite fully. The liability of co-operative associations for income taxes is also treated. I n the appendix will be found a form of by-laws for use by co-operative marketing associations together with a form of crop contract. A limited number of copies of department bulletin 1106, entitled "The Legal Phases of Co-operative Associations," are available for free distribution. Requests for the bulletin should be addressed to the United States Department of Agriculture, Washington, D.C. MORE SEVERE PENALTIES Should there be a more severe penalty than at present for motorists who operate an automobile while under the influence of liquor? That there is a strong sentiment for a renentless warfare on such motorists growing in this community is a report just issued by officials of the legal department of the Automobile Club of Southern Cali- and Holland. Those are the first from Europe. We had already received a large number of inquiries from northwestern Canada and Mexico, and some from South America and one from Porto Rico, in the West Indies. "The letter from Europe in general voice weariness of the hard conditions imposed on ordinary life by the war and express a desire to begin anew in California. This is especially noticeable in the letters from France. "One of these, dated Paris, is from a former member of the French embassy in Washington, who is familiar with California and wishes to migrate here with his family. Another is from an engineer of international reputation, who says he has long speculated upon California as a place to live. "The surprise of the foreign inquiries has been the large number of letters from Canada. The bulk of them come from the northwest, into which there has been a great influx of American farmers in the last few years. "Many of these have found conditions, climatic and otherwise, so difficult that they now wish to return to their own soil. These inquiries come largely from the highest type of agriculturists and every effort will be made to bring them here." Nationally circulated advertisements contributed by the Southern Pacific railroad as a supplement to the advertising of Californians, Inc., has increased the volume of inquiries from the east and middle west. The mail sorted at the headquarters of the organization immediately preceding and following Christmas included more than a thousand requests for further information on California. THE POPULAR HIGH SCHOOL A one-third increase over last year's enrollment is reported in the high schools of various cities. It is called "the most remarkable educational phenomenon in recent years." Reports generally give good evidence that the gospel of high school education for American youth has not been preached in vain. Raising school age limits may account for the additional enrollment in some communities. Economic conditions may help to swell the list in others. But back of these reasons is a growing appreciation among people of all classes of the real value of edu- MORE SEVERE PENALTIES Should there be a more severe penalty than at present for motorists who operate an automobile while under the influence of liquor? That there is a strong sentiment for a renentless warfare on such motorists growing in this community is a report just issued by officials of the legal department of the Automobile Club of Southern California. Some definite consideration should be given to this question at the present time, say the club officials. The judges of the police court say that about 80 per cent of the reckless driving charges heard by them involve the operation of an automobile by a person under the influence of liquor, but, that little if any, proof of this fact is offered. And strong as it may seem it is the consensus of opinion of those who have had experience of the working of the law regarding this question that it is too severe. Juries seem reluctant to convict offenders when the penalty is so heavy and judges say that more people would be convicted if the penalty was less severe. As a matter of fact the status of California make the operation of an automobile, while under the influence of liquor, a serious offense and provides that one convicted of such an offense may be imprisoned in the county jail for not less than six months nor more than one year, or that he may be imprisoned in the state prison for not less than one or more than three years, or that he may pay a fine of not less than $500 nor more than $5000. GREELEY IS REVERSED "Go east, young man." Note the quotation marks. The advice is not ours, but emanates from the state of the most remarkable educational phenomenon in recent years." Reports generally give good evidence that the gospel of high school education for American youth has not been preached in vain. Raising school age limits may account for the additional enrollment in some communities. Economic conditions may help to swell the list in others. But back of these reasons is a growing appreciation among people of all classes of the real value of education and of the fact that the youth who completes a high school course has a distinct advantage in the business field over the one who does not. The schools are meeting the public need better, too, with their broader courses and more comprehensive training, and so make greater popular appeal. What with better schools and more students seeking them, the outlook for America's future is not so gloomy, after all. PROVIDING FOR INSPECTION OF ALL MINERS Expect to Increase the Output of California Mines With the industrial accident commission of California, the California Metal and Mineral Producers' association and others giving special heed to the program for the safeguarding of California mines, attention of mining men is being directed to the development, investment chances and hazards of mining in California. Upon whatever action is taken, mining men contend, depends whether the year 1923 will see an increase in production o ra curtailment in development. A rigid system of inspection by experienced experts, with suggestions to fit the individual mine, is advocated by Edwin Higgins, president of the California Metal and Mineral Producers' association, who sees ANAHEIM GAZETTE danger to the mining industry in illly-advised attempts at blanket legislation or extreme regulatory safety rules which might discourage prospective investors. "Mining in California," Higgins said, "reached the peak in 1918, after which there was a decided slump, chiefly in gold mining. Present conditions are somewhat-better, but the industry is far from being in a flourishing condition. Prosperity in the industry depends upon three things. First: There must be money available for investment, so that attractive prospects may be developed into mines. Second: The cost of production must be such that the mines can operate at a reasonable profit. This means that there must be an adequate supply of labor available, at a wage scale fair to both miner and operator, and the cost of equipment and supplies should remain moderate. Third: The mining industry must not be hampered by unwarranted regulations, the cost of which would discourage prospective investors or nullify the present narrow margin of profit made in some of the California mines." Higgins directed attention to the fact that many gold mines in California operate on low grade ore and added: "There are gold mines that could be re-opened were the cost of mining and milling susceptible to a reduction of $1 a ton. There are many California gold mines now operatinf, which would have to shut down if the cost of production should be increased by the same amount." The course to take in California, if the mining industry is to continue and wealth from the mines realized, is to allow the operating mines to continue; to encourage the re-opening of mines that are shut down and to invite new country will continue in great unrest. The year 1923 will be as a rule a year of last struggles, preluding the appearance of new ideals and a new and stronger rage of people. Children born in this year will tend to be of the new race. HEART.BREAKING WASTE OF PERFECTLY GOOD BEER Sheriff Destroys It While Thirsty Citizens Look On The last of 10,000 gallons of illicit liquor, seized by Sheriff C. E. Jackson, during his recent term, is no more. More than 144 gallons of "real" beer Wednesday went down the sewer pipes, while scores of persons looked on with mingled feelings. In six sacks, piled high, decorated here and there was a bottle of "mule," or a jug of wine, the batch was piled beside the manhole on the court house lawn. Then, with solemnity and pomp, a half dozen federal prisoners at-the-county jail, trusties, who were themselves serving sentences for liquor violation, began their deadly work. There was a popping of caps, dirgelike; a hiss of foam; an aroma reminding one of days gone by. Bottles were overturned. There was a rush of liquid. Two hours of this, and the last known batch of beer was no more. The beer had been seized by Jackson in pre-prohibition days, when it could be purchased for less than 10 cents a bottle. It had been stored away until Wednesday, when it went to its fate. During his two terms, Jackson has been active in holding down the lid on Orange county blind pigs. Conser- of disease, from that microscopic border line between plants and animals. Nearly all are the outgrowth of human effort, and yet resistant to human effort and human happiness. They are the product of our work and yet make day by day and year by year, new work for our hands and for our minds. The only way to meet these pests is by co-operative undertakings. We cannot fight them as individual citizens. We cannot delegate the fight against them solely to the government. The government can encourage and supervise the fight on them, and it can in its turn be supported only by popular impulse to end them. Our special immediate problem is the puncture vine. Can we show what southern California can do in the way of co-operation, by getting rid of the puncture vine? IT IS NEVER TOO LATE The idea being fostered by Senator France, of Maryland of holding dedication ceremonies for the Panama canal will find widespread response the country-over. There was to have been a great international festival when the canal was opened, but the world war intervened. The fool-hardy spirit which plunged the world into battle swept aside all dignity and recognition of true progress. Men were in no mood in those dark days to point proudly to one of the greatest achievements of the human race. How sad a commentary upon our sense of values! Now the neglect will be repaired, if those interested have their way. Senator France has made one excellent suggestion. It is that music have a The course to take in California, if the mining industry is to continue and wealth from the mines realized, is to allow the operating mines to continue; to encourage the re-opening of mines that are shut down and to invite new capital to invest in the industry. Higgins maintains that the employment of thousands of men and the future of California's second industry, depends upon a narrow margin which may be affected for good or evil by impracticable safety mining rules and unwarranted drastic legislation. For that reason, he is urging that the mine safety rules be made to fit the individual mine and that the industry shall not be submitted to the destructive policy of blanket safety rules and drastic laws designed for extreme cases. "There are no two mines alike. In spect them all and apply to each one same and sensible regulations," Higgins concluded. IGNORANT OF CONSTITUTION One of the ridiculous proceedings of the shopcraft unions was the sending of a telegram to a senator demanding the impeachment of Attorney General Daugherty. Every school boy who has read the constitution knows that impeachment proceedings are brought not by the senate but by the house. The senate acts as a court in the trial of an impeachment case. Section 2 of article 1 of the constitution specifically provides that the house of representatives "shall have the sole power of impeachment," and section 3 of the same article provides that "the senate shall have the sole power to try all impeachments." A senator who expressed his opinion in advance as to the guilt or innocence of a man charged with malfeasance in office would almost be barred from participating in the trial, just as a judge or juror would be in a case in court. The amusing thing is that the leaders of the striking shopmen were appealing to the constitution and yet displayed their ignorance of its provisions. 1923 WILL BE A SATISFACTORY YEAR It is asserted by a reputable paper that under the rules governing railroad shop work, established during the McAdoo management of the roads, it sometimes requires twelve men to do a repair job that was formerly done by two. The next time a committee of congress gets both the railroad managers and the representatives of the unions before it, there should be a careful and thorough questioning on this point. If it be true, as stafed, that the time of ten men is wasted and the public is saddled with the needless expense, the paying public should know it and know the reason why. The public has long since learned that an unnecessary expense does not come out of the treasuries of the railroads, but eventually comes out of the pockets of people who travel or who pay the were overturned. There was a rush of liquid. Two hours of this, and the last known batch of beer was no more. The beer had been seized by Jackson in pre-prohibition days, when it could be purchased for less than 10 cents a bottle. It had been stored away until Wednesday, when it went to its fate. During his two terms, Jackson has been active in holding down the lid on Orange county blind pigs. Conservative estimates place the number of gallons of liquor destroyed by him at 20,000 gallons for the entire eight years. Much of the liquor seized was dumped on the spot, it was declared. Only a portion of it was saved for public demonstrations like that which was conducted on the court house lawn. All mash, usually discovered in barrel lots, was dumped out when the raids were made. Orange county is in a pleasant state of aridity, compared to neighboring counties, Jackson declared. "Most of the bootlegging and moonshining in Orange county has been done by foreigners," Jackson stated. "Persistent efforts have caused them to abandon their efforts to a large extent, so that what few there may be left, are working so quietly as to avoid detection." "It is my opinion that if any liquor is being distributed in the county, it is coming from outside sources, a form of violation which is very difficult to combat." MUCH WASTED LABOR It is asserted by a reputable paper that under the rules governing railroad shop work, established during the McAdoo management of the roads, it sometimes requires twelve men to do a repair job that was formerly done by two. The next time a committee of congress gets both the railroad managers and the representatives of the unions before it, there should be a careful and thorough questioning on this point. If it be true, as stafed, that the time of ten men is wasted and the public is saddled with the needless expense, the paying public should know it and know the reason why. The public has long since learned that an unnecessary expense does not come out of the treasuries of the railroads, but eventually comes out of the pockets of people who travel or who pay the were overturned. There was a rush of liquid. Two hours of this, and the last known batch of beer was no more. The beer had been seized by Jackson in pre-prohibition days, when it could be purchased for less than 10 cents a bottle. It had been stored away until Wednesday, when it went to its fate. During his two terms, Jackson has been active in holding down the lid on Orange county blind pigs. Conservative estimates place the number of gallons of liquor destroyed by him at 20,000 gallons for the entire eight years. Much of the liquor seized was dumped on the spot, it was declared. Only a portion of it was saved for public demonstrations like that which was conducted on the court house lawn. All mash, usually discovered in barrel lots, was dumped out when the raids were made. Orange county is in a pleasant state of aridity, compared to neighboring counties, Jackson declared. "Most of the bootlegging and moonshining in Orange county has been done by foreigners," Jackson stated. "Persistent efforts have caused them to abandon their efforts to a large extent, so that what few there may be left, are working so quietly as to avoid detection." "It is my opinion that if any liquor is being distributed in the county, it is coming from outside sources, a form of violation which is very diffult to combat." Two noble things man has accomplished—let us by all means spread them big upon our record that perchance the ugly blot of war may not loom so hideous. 1923 WILL BE A SATISFACTORY YEAR So Says Evangeline Adams, the Famous Prophet The year 1923 will be one of material success. Throughout the year Jupiter will be in the sign of Scorpio, which augurs well for any enterprise having to do with liquids, chemicals and drugs. Oil wells will show profit, shipping will be stimulated, those engaged in the import and export business will meet with success. Conditions also favor those interested in the so-called "wet" movement, so that prohibition agents and "dry" leaders will have to be increasingly vigilant. Political chaos will continue abroad until this country decides to co-operate. Restriction and depression will prevail in China and India. Russia, however, will issue into brighter conditions. There will be no settlement of the irritation between capital and labor. Capital will show increasing dissatisfaction with labor leaders and labor unions. There will be, however, determined strides toward achieving the brotherhood of man. The United States will be materially more successful than any other country, as President Harding is under better influences than any other ruler. King George is under the influence of the nerve-wrecking Iranus, so his duties of the unions before it, there should be a careful and thorough questioning on this point. If it be true, as stafed, that the time of ten men is wasted and the public is saddled with the needless expense, the paying public should know it and know the reason why. The public has long since learned that an unnecessary expense does not come out of the treasuries of the railroads, but eventually comes out of the pockets of people who travel or who pay the freight bills or who buy goods that have been shipped and to the price of which the cost of transportation has been added. KEEP UP FIGHT ON PESTS All success to the fight on the "puncture vine." It means the actual reduction, and it is to be hoped, the final extermination of this destructive pest. It means the education of the public to know what the vine looks like to know the danger it is to the traveling and motor using public, and to have a readiness to destroy it and to disapprove of those members of the community who are indifferent to this pest. And finally, it means—this fight does—that there will be a more general effort against all weeds, all pests that form a drain, by their actual renewal on human effort. Plants and animal pests are the parasites of society. Ordinarily they do not, in a state of nature, form more than a small factor in the mass of life. But when civilization upsets so-called natural condition it not only gives us certain human advantages, but it also creates a set of conditions in which pests can thrive. These pests are the rats and other vermin, from animal life weeds, from vegetable life; and the minute germs California Theatre Thursday, January 4 Elaine Hammerstein in "The Way of a Maid" Vaudeville Friday and Saturday, Jan. 5 and 6 Rudolph Valentino in "THE YOUNG RAJAH" The Challenge Topics and News January 7, 8, 9 and 10 Mary Pickford in "Tess of the Storm Country" "Fearless Fido," Kinogrrms Buffalo Bill MAKING THE ROADS SAFE FOR TOURISTS Winter signposting is at its height MAKING THE ROADS SAFE FOR TOURISTS Winter signposting is at its height now throughout this part of the state by the signposting department of the Automobile Club of Southern California in preparation for the arrival of thousands of visiting cars in the spring months. Five trucks of the club are now engaged in various counties of the southern part of the state putting up new signs and renewing the signs which have been weatherworn or defaced by pot hunters who think that a road sign is put up for a target and not for a direction marker. Work is to start at an early date in the year on the resigning of the inland route as far north as the Fresno county line. The automobile club has established a national record in signposting activitp, now maintaining 93,749 signs in southern California and on transcontinental routes leading to this section of America. Included in this vast number of signs are 2000 safety warning signs and 100 electric flashing signals throughout this territory. During the rainy season in southern California one of the biggest tasks undertaken by the club is the erection of temporary route signs on roads where detours are necessary or storm damage has occurred. The southern California organization has put up approximately 12,000 temporary signs this year. If all the signs now maintained by the club were laid end to end they would cover a distance of 219 miles, not including the posts. The signs are now in the making for the resigning of the coast route from Los Angeles to the Monterey county line. In the southern part of Nevada and in the desert region of Death Valley, the roads have been signed by the club and wherever signs are not found, motorists may know that it is not ad visable to travel. The management of Southern Counties Gas Company extends greeting and sincere wishes for a pros- The management of Southern Counties Gas Company extends greeting and sincere wishes for a prosperous New Year to its friends and patrons in this district. Southern Counties Gas Company Phone 166 238 E. Center St. Anahelm