anaheim-gazette 1925-07-09

Wettlin’s Opinion on High School Dispute Declares County Superintendent Has Discretionary Powers That a county superintendent of schools has discretionary powers in the matter of either permitting or denying students from the Brea-Olinda high school district to attend the Fullerton high school, such powers to be exercised in the best interests of the school district, is the gist of an opinion handed down by the district attorney of Orange county. The opinion of the district attorney was asked by R. P. Mitchell, county superintendent of schools, following requests from parents residing in Olinda, to send their children to the Fullerton high school, instead of availing themselves of the facilities offered by the newly created Brea-Olinda high school district. These requests were turned down by the Brea-Olinda high school board, and the action was sustained by the county superintendent. The county superintendent based his refusal on the ground that the granting of these requests would involve double taxation and waste of public funds, inasmuch as the local high school district already has made provisions for the students. Not satisfied with the decision of the high school board and the county superintendent, some of the parents carried the matter to the state superintendent of public instruction in Sacramento. The opinion written by Deputy District Attorney D. G. Wettlin, follows: "Replying to your request for an opinion of this office relative to attendance in high school districts, beg to say, that this matter is controlled by Section 1751 of the political code, which provides, among other things, as follows, to-wit: "Any graduate of the elementary schools of this state and any other person who furnishes to the principal of the high school and to the county or in the county superintendent of schools, Of the 25 states having some county library service only 10, including California, have eight or more counties handling reading matter on this basis, states the foundation. In all, there are about 200 counties in the United States where residents may enjoy this service. The county library, through its central office and branches, helps to do away with the isolation of farm life, according to the foundation. It is especially helpful to the families off the hard road, back in the hills and on lonely prairies, who but for this might have no access to books. Stores, schools and churches are generally used as points for the distribution of the books, and the rural mail delivery and parcel post enable the library to send books directly to any individual in the county. In some states, book autos and trucks make regular trips over the country with a large collection of books, thus bringing to the door of the farmer a good selection of reading matter for every member of the farm family." CUT OUT OFFICIAL POMP It has been a common statement that in public affairs two employees are usually hired where one would be required to do the work in private affairs. President Coolidge has shown a determination to change this method of doing public business if he possibly can. He has decided to dispense with the services of the White House social secretary and turn his work over to some man in the state department service. This means that a man in the state department will have to assume the additional responsibility of directing the conduct of formal social functions at the White House instead of being merely an advisor in regards to them as in the past. It has been suggested that the man on whom this additional duty will fall is likely to resign. It is a safe bet, however, that he will not resign. If the people want economy in public affairs they must back public officials who have the courage to cut out red tape and public pomp even though it causes someone to lose a job on the public payroll. Small Farmer Has California Orange Shade The Chamber of Commerce following statement orange show; The California Valley has filed report with Commerce, which is the most successful ever held in Anahee ceilts show $47,020 cover admissions, re- and automobile ten program. The large crowd that day after day were with the beauty of its tions, but the very different orange exchanges. Manager Herman orange show a num improvements. They will stand as an adv in and year out of ing, electrical fixtures booths, ladders and tenances that are able for a show have been for and those become The installavery expensive, and to be done another has been the manager after deducting 20 clation, there remain the neighborhood o ne nent improvements. It is believed by th when all bills have be left sufficient show next year so a greater financial this year. The attendance was largely from this show could be Angeles county in tex California event—much to Los Angle county, or any other ern California, the greater show and The people of Ana The opinion written by Deputy District Attorney D. G. Wettlin, follows: "Replying to your request for an opinion of this office relative to attendance in high school districts, beg to say that this matter is controlled by Section 1751 of the political code, which provides, among other things, as follows, to-wit: 'Any graduate of the elementary schools of this state and any other person who furnishes to the principal of the high school and to the county or to the city superintendent of schools, having immediate jurisdiction over such high schools, satisfactory evidence of his fitness for high school work, may attend school in the district in which he resides under such regulations as the high school board may prescribe. Any persons who is, under the provisions of this section, eligible to attend the high school and who resides in a high school district, may attend a high school in a high school district in the same county other than that in which he resides only upon such terms as may be agreed upon by the high school boards of two districts, or, if such boards fail to agree, on such terms as the county superintendent of schools, having immediate jurisdiction over such high school which he desires to attend, may prescribe.' 'From the above section, it is clear that any person qualified may attend high school in the district in which he resides under such regulations as the high school boards may prescribe. "Section 52, Subdivision 4, provides that the residence of the father during his life and, after his death, the residence of the motor, while she remains unmarried, is the residence of the unmarried minor child. "Considering these sections together, it would seem that the legislature intended and made it possible for pupils to attend the high schools in the districts in which they reside. "And the other portion of Section 1751 provides the conditions under which a pupil may attend a high school in a district other than that in which he resides, only upon such terms as may be agreed upon by the high school boards of the two districts." "Said section also provides that a pupil may attend a high school in a district in which he does not reside should the boards of the two districts not agree 'on such terms as the county superintendent of schools, having immediate jurisdiction over the high school he desires to attend, may prescribe.'" "In order that your decision would be called into the matter at all, it would be necessary, first, that you be apprised of the wish of the pupil to attend a high school in a district in which he does not reside and that he furnish you with the information that the boards of the district in which he resides and the district in which he desires to attend have failed to agree upon terms. Then it would be necessary for you to make whatever investigation you deemed proper in the premises and conduct of all formal social functions at the White House instead of being merely an advisor in regards to them as in the past. It has been suggested that the man on whom this additional duty will fall is likely to resign. It is a safe bet, however, that he will not resign. If the people want economy in public affairs they must back public officials who have the courage to cut out red tape and public pump even though it causes someone to lose a job on the public payroll. Small Farmer Has Great Opportunity The opportunities for the small farmer—the man with from two to five acres, well cultivated and cared for in Southern California—are almost unlimited, according to C. L. Seagraves, general colonization agent of the Santa Fe, who recently arrived in California on his regular tour of inspection. "There are large numbers of men employed in the industrial centers of the large cities in the East looking for just such a chance," said the colonization official. "and they have a knowledge of farming, and long for a life in a beautiful section of the country where a living can be earned on a small tract of land, an enjoy the advantages of splendid highways, schools and all the environment of pleasant surroundings, contentment and prosperity." "I have in mind many sections of Riverside, San Bernardino, Los Angeles and San Diego counties, where practically all-year production under the most favorable conditions, insures a steady income and success for the man who has some capital and is willing to work. "The new Vista irrigation district is soon to be available for just such farming, and that project alone can take care of hundreds of small acreage farmers. The Carlsbad, Encinitas, Oceanside, Solano Beach district is ideally suited for such development, and remarkable progress is manifest all along the Santa Fe, the state highway and ocean. All this territory is tied up with the Rancho Santa Fe, located a short distance back from Encinitas and Del Mar, and itself a wonderful inspiration for those who wish to live on a farm with all the satisfaction and enjoyment found in an attractive suburb of a metropolitan city. "The class of people I mention are fond of gardening; they beautify their places and aid in making the entire surroundings attractive. The big market available virtually at their doors for their products also adds to the incentive to invest in the small acreage and devote their time and energy to a wide line of fruit, berries, vegetables, flowers, bulbs and other products which bring good returns." Mr. Seagraves said the future holds much for this class of development in California farm life, not only in Southern California, but in the central and northern parts where fertile soil, abundance of water and other advantages may be enjoyed. There are large tracts conduct of all formal social functions at the White House instead of being merely an advisor in regards to them as in the past. It has been suggested that the man on whom this additional duty will fall is likely to resign. It is a safe bet, however, that he will not resign. If the people want economy in public affairs they must back public officials who have the courage to cut out red tape and public pump even though it causes someone to lose a job on the public payroll. The attendance was largely from this show could be geles county in tect California event—much to Los Angle county, or any other ern California, the greater show and The people of Anaheim into this project and citation of what they ing for Anaheim and their attendance. Orange show for joys inspecting every play in the industry tent and the Midwife tends the second tertainment, which way of a program crowd may be kept show, it is absolutely program every year be made the very gram should be put each day so there down or letting down of this show. Even better than the prince brings a crowd. The benefit of citrus grower of cannot be measured While the effort is citizens of Anaheim Orange county; it means that this event is an event. The Chamber of express its approcc communities that assistance and to trustees of Anaheim staunchly back every individual who participates in the suc To the exchanges, without whie thank you and to oness to you who for twhich you displayed has ever been press show. We trust tha'to your expectations have you with us a bigger and better The Why an Walnut H (By Arthur W. Chl University in Cali Amateur weather that 1925 will ima seven wet years just dry years just weather caused rain Shriners in Los Angeles not improbable tweather will befai In order that your decision would be called into the matter at all, it would be necessary, first, that you be apprised of the wish of the pupil to attend a high school in a district in which he does not reside and that he furnish you with the information that the boards of the district in which he resides and the district in which he desires to attend have failed to agree upon terms. Then it would be necessary for you to make whatever investigation you deemed proper in the premises and render your decision thereon. "It seems that it is a discretionary matter with you and 'one that should be exercised by you, not in an arbitrary manner, but rather in the best interests of the districts involved, and since this is a discretionary matter, once your discretion is exercised, the court will not by injunction or mandamus interfere with nor set aside your decision, unless it could be shown that it was exercised in an arbitrary or fraudulent manner." "In other words, when such matter comes to you for decision, the state places upon you, not the court, the duty of determining it and the law leaves with you the duty of determining it properly and justly to all districts and parties concerned." California Leads in County Libraries California is first among the states providing county library service for its citizens, according to the Sears-Roebuck Agricultural Foundation, which reports that 43 counties in the state are now rendering this type of book service. The counties are: Riverside, San Diego, Imperial, Fresno, Kings, Tulare, San Luis, Kern, Santa Barbara, Ventura, Los Angeles, San Bernardino, Orange, Siskiyou, Modoc, Lassen, Trinity, Humboldt, Tehama, Plumas, Butte, Glenn, Colusa, Sutter, Yola, Napa, Solano, Sacramento, Amador, San Joaquin, Contra Costa, Tuolumne, Stanislaus, Alameda, San Mateo, Santa Clara, Santa Cruz, Merced, Mariposa, Madera, San Benito, Monterey and Inyo. Mr. Seagraves said the future holds much for this class of development in California farm life, not only in Southern California, but in the central and northern parts where fertile soil abundance of water and other advantages may be enjoyed. There are large tracts in the San Joaquin and the Sacramento valleys open to the small acreage man who desires to quit the industrial centers for the farm, said the official. Impostors Posing As Traffic Officers Impostors known to be operating on the highways under the guise of state traffic officers in various parts of the state brought a warning from Will H. Marsh, chief of the Division of Motor Vehicles, to state motorists to beware of such persons and to make an immediate report of any person claiming to be an officer who demands money. One such impostor has bilked motorists of several hundred dollars in San Joaquin county by charging them with speeding or other violations and then demanding ball for the appearance in court of his victims. Other cases have come to Marsh's attention of motorists who have been stopped by pseudo officers who have offered to "fix it up" on payment of certain sums. "Officers are not permitted to accept ball money or fines," Marsh said. "Anyone making such demands should be regarded with suspicion and should be promptly reported to the nearest peace officer as well as to us. We will welcome reports of any of our officers making such demands. Their duty is to catch violators and not to collect money." A structure begun in Peru ten thousand years ago is yet unfinished. Must be a government job. Amateur weather that 1925 will inaugurate seven wet years in dry years just past weather caused rains in Los Angeles not improbable to weather will befall during the coming such be the case; installed a dehydration sitting pretty. Protection is by no means tage which the waters over the old is gratifying to no tages of walnut dripping. Independents, the dehydration night, dries the newly formed and insured thoroughly cured house in ample highest price. All sale of first cost thencefore over weather and operation requiring part time, and of causing many of the walnut growers to. All of the 44 wives California were on nearly 10 per cent dehydrated. Man have already been for this season, and nuts dehydrated in that of 1924. With very few find it safest to put mercial dehydrator to construct their California Valencia Orange Show Report The Chamber of Commerce has issued the following statement relative to the orange show: The California Valencia Orange Show has filed report with the Chamber of Commerce, which indicates that it is the most successful show of this kind ever held in Anaheim. The total receipts show $47,020.78. These receipts cover admissions, rentals in industrial and automobile tents, concessions and program. The large crowd that visited the show day after day were pleased not only with the beauty of the show's decorations, but the very artistic display of the different orange associations and exchanges. Manager Herman Stern has left the orange show a number of permanent improvements. The beautiful entrance will stand as an advertising feature year in and year out of this show. Plumbing, electrical fixtures and water pipes, booths, ladders and a number of appurtenances that are absolutely necessary for a show have been bought and paid for and these become permanent fixtures. The installation of the above is very expensive, and this will not have to be done another year. So careful has been the management in this, that after deducting 20 per cent for depreciation, there remains on the ground in the neighborhood of $16,000 in permanent improvements. It is believed by the management that when all bills have been paid, that there will be left sufficient money to start the show next year so that it may be made a greater financial success than it was this year. The attendance at the orange show was largely from Orange county. If this show could be put up to Los Angeles county in terms of a Southern California event—one that means as much to Los Angeles as to Orange county, or any other county in Southern California, the results would be a greater show and a greater success. The people of Anaheim should enter though most dehydrators seem comparatively simple in their construction and operation, it must be remembered that the design of an efficient dehydrator is necessarily based on exact relations between the sizes, shapes and locations of the essential parts, such as bins, flues, furnace, fan, motor, etc. Without experience in such matters, a grower would likely make serious errors in construction that would result in inefficiency or necessitate reconstruction of the dehydrator. It is unsafe to copy commercially built dehydrators because they are covered by patents. The fundamental principles of walnut dehydration given in Bulletin 376 were not altered by last year's tests. For rapid drying and low cost of power and fuel, the dehydrator should be operated continuously at a temperature of 110 degrees Fahrenheit, but not above. Since the temperature is limited, rapidity and uniformity in drying are dependent upon a vigorous and uniformly distributed flow of air through the nuts. This necessitates the use of a powerful motor and fan placed so the heated air will uniformly heat all the nuts to the same average temperature and thereby cause them to dry evenly. Uneven air flow or temperature invariably results in unevenly dried nuts. It is absolutely incorrect to believe that nuts equalize in moisture content during drying. Specific tests show conclusively that they do not equalize, but that each nut dries independently of the others, as if each were in a separate drying chamber. The time required to dehydrate walnuts will vary from 36 hours on very green nuts at the beginning of the season to 12 hours for nearly dry nuts at the season's end. The seasonal average will be about 24 hours in any efficiently run dehydrator. Bins or drums are emptied into sacks by gravity at the rate of a ton in 15 minutes and the dehydrator refilled by an elevator at the same rate. Dehydrators do not give greater weights of cured nuts if compared with nuts sun-dried to the same degree of dryness. However, it often happens that in sun-drying walnuts are overdried and split, especially by hot winds. In such cases the dehydrator will give a greater weight of tightly sealed nuts because of the exact control of the moisture. State Supreme Court Upholds Speed Trap District Attorney Nelson's Opinion Sustained by Court The Supreme court has just handed down a ruling to the effect that the section of the motor vehicle law abolishing the speed trap is unconstitutional, consequently the trap, through which so many violators of the law were convicted in Orange county, is once more legal. It is only legal, however, until a new law, enacted by the last legislature, supercedes the old one on July 24, consequently it is not likely that it will be re-established for the few days remaining before that date. The Supreme court's ruling upholds District Attorney Nelson's stand in the case and vindicates the judgment of ex-Judge Frank C. Drumm, who ruled that the section of the motor vehicle law which abolished the speed trap was unconstitutional. Nelson attacked the constitutionality of the section when Fleming made the speed trap an issue in his resistance to a fine for speeding. The motor vehicle act forbids admission of speed trap evidence by a court. Nelson based his attack upon four chief grounds: That the section was an attempt to make a special rule governing the courts of justice, whereas such rules must be general; that it was an infringement by the legislature branch upon the judicial branch of government; that it deprived the defendant himself of his right to examine witnesses in his own defense, and that it was not mentioned in the title of the act. When the case came before Judge Drumm, on appeal from Justice G. H. Morrison's court at Seal Beach, where Fleming had been fined for speeding at a rate of 51 miles an hour, the Superior court ruled in favor of the district attorney. Fleming's attorneys then carried the matter to the district court of appeals, where the superior court was reversed. Nelson then appealed to the Supreme court. While questioning the jurisdiction of the court of appeals and hold- It is believed by the management that when all bills have been paid, there will be left sufficient money to start the show next year so that it may be made a greater financial success than it was this year. The attendance at the orange show was largely from Orange county. If this show could be put up to Los Angeles county in terms of a Southern California event—one that means as much to Los Angeles as to Orange county, or any other county in Southern California, the results would be a greater show and a greater success. The people of Anaheim should enter into this project and show their appreciation of what the show has been doing for Anaheim and Orange county by their attendance. When one visits an orange show for the first time, he enjoys inspecting every feature, every display in the industrial tent, automobile tent and the Midway, but when he attends the second time, he goes for entertainment, which is furnished in the way of a program. In order that a crowd may be kept coming to an orange show, it is absolutely necessary that the program every afternoon and night be made the very best. A strong program should be put on, getting better each day, so there may be no falling down or letting down in the attendance of this show. Every night should be better than the previous night. This brings a crowd. The benefit of advertising to the citrus grower of Southern California cannot be measured by this show. While the effort is being made by the citizens of Anaheim and supervisors of Orange county, it must be kept in mind that this event is a Southern California event. The Chamber of Commerce wishes to express its appreciation to all those communities that so ably came to our assistance and to the supervisors, city trustees of Anaheim who have stood staunchly back of the show, and to every individual who in any way participated in the success of the show. To the exchanges and Orange associations, without whom this show would be impossible, we especially desire to thank you and to express our gratefulness to you for the able manner in which you displayed the best fruit that has ever been presented in any orange show. We trust the show measured up to your expectations and that we may have you with us again each year for a bigger and better show. The Why and How of Walnut Dehydration (By Arthur W. Christie of California University in California Cultivator) Amateur weather prophets predict that 1925 will inaugurate a series of seven wet years following the seven dry years just past. Since unusual weather caused rain to fall on the Shriners in Los Angeles in June, it is not improbable that more unusual weather will befall the walnut grower County Booze Fines Aggregate $10,175 Liquor fines, assessed as a result of prosecutions conducted through the county sherrif's office, aggregated $10,-175 for the half year period. January 1 to June 30, according to a report presented to Sheriff Sam Jernigan. Approximately one-half of this total has been paid into the county treasury, it was stated. Many of the prisoners failed to pay the fines imposed and are serving jail sentences as an alternative. It is customary to make the fines apply at the rate of one day in jail for each dollar. Confiscations in booze raids amounted to a cash value of $15,000, including several big hauls. The fines were imposed under three headings, possession, sale, and manu- examine witnesses in his own defense, and that it was not mentioned in the title of the act. When the case came before Judge Drummm, on appeal from Justice G. H. Morrison's court at Seal Beach, where Fleming had been fined for speeding at a rate of 51 miles an hour, the Superior court ruled in favor of the district attorney. Fleming's attorneys then carried the matter to the district court of appeals, where the superior court was reversed. Nelson then appealed to the Supreme court. While questioning the jurisdiction of the court of appeals, holding that the superior court's judgment on an appeal from justice court should be final, Nelson urged the Supreme court not to consider the issue of jurisdiction, but to give a decisive ruling on the merits of the case, because of its great importance to the people of the state. Inasmuch as a copy of the court's opinion has not yet reached here, officials are uncertain upon which basis the case was disposed of; whether decided on its merits, or returned to the status it occupied when the superior court decided it, on the ground that the appellate court had no jurisdiction. In the latter case, officials say, the speed trap would be legally only in Orange county, the extent of the superior court's jurisdiction, while it would still be outlawed in other counties. In either case, however, it will be outlawed after July 24, when the new law against its use becomes effective. Officers who use the speed trap after that date will be guilty of a misdemeanor, it is said. Nelson expressed the opinion that opponents of the speed trap, foreseeing the outcome of the Fleming case, moved to secure legislation of another form against the trap. Dr. Clara Bakehouse Osteopathic Physician Office: Colonial Apartments 149 North Lemon St. Phone 17 fracture of liquor, in violation of the Wright act, the state statute for enforcing the Volstead amendment. Other activities of the sherriff's department, as set forth in the quarterly report, included investigation of 20 burglaries, the recovery of $720 of loot out of a total of $1505 in property stolen. Deputies answered 184 calls and transported 15 prisoners to the county jail. Three stolen autos were recovered, the report states. During the quarterly period ended June 30, 113 arrests were made. Of these, 40 were on felony charges, 20 on high misdemeanor counts, 25 on vice charges and 28 for various misdemeans. The Why and How of Walnut Dehydration (By Arthur W. Christie of California University in California Cultivator.) Amateur weather prophets predict that 1925 will inaugurate a series of seven wet years following the seven dry years just past. Since unusual weather caused rain to fall on the Shriners in Los Angeles in June, it is not improbable that more unusual weather will befall the walnut grower during the coming harvest. Should such be the case, the grower who has installed a dehydrator will certainly be sitting pretty. However, weather protection is by no means the only advantage which the walnut dehydrator possesses over the old style sun-drying. It is gratifying to note that the advantages of walnut dehydration described in Bulletin 376 by Batchelor and Christie have been further substantiated by the experiences of dehydrator owners during 1924. Just as the automobile has superseded the horse and buggy as the means of transportation for the grower, so is dehydration gradually replacing sun-drying. Independent of weather conditions, the dehydrator, running day and night, dries the nuts rapidly and uniformly and insures early deliveries of thoroughly cured nuts to the packing house in ample time to receive the highest price. Although more expensive of first cost than sun-drying equipment, the freedom from loss or worry over weather and thieves, economical operation requiring only one man for part time, and other advantages are causing many of the most experienced walnut growers to turn to dehydration. All of the 44 walnut dehydrators in California were operated in 1924 and nearly 10 per cent of the state crop dehydrated. Many new dehydrators have already been built or contracted for this season, and the quantity of walnuts dehydrated in 1925 will be double that of 1924. With very few exceptions, growers find it safest to purchase a proved commercial dehydrator rather than attempt to construct their own dehydrator. 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