June 1926
THE UNITED AMERICAN
Page Nine
The Commonwealth of Oregon
A Brief History of the Organization and Development of One of the Forty-eight United States of America,
Submitted in a Series of Comprehensive and Interesting Letters, Written Particularly for Those Who Have
Commenced Studying and Preparing Themselves to Pass the Examination for American Citizenship.
By A. C. Strange, Oregon State Director of Americanization Schools
VI
OREGON’S JUDICIARY
QREGON’S JUDICIAL system, like all others, is
topped by a supreme court to which appeals may
be taken by persons who feel that they have not re
ceived justice in the lower courts. This court is
composed of seven members who are elected by the
people for terms of six years. Each member re
ceives a salary of $5250 a year. To do away with
the possibility of a complete change in the member
ship at any election, it has been provided by law
that only two or three of the judges shall complete
their terms at the same time. For the first fifty
years after the adoption of the state constitution,
there were but four members of the court, who were
able to do all the business of the court and, who in
fact, in pioneer times, rode over the various circuits
of the state to conduct the trials now conducted by
circuit judges. But as the state grew in population
and wealth, more and more appeals were taken to
these judges and it became impossible for them to
keep up with the demands made upon them. Hence,
in 1909, the number of judges was increased to five
and four years, later to seven, the number of judges
now in the court. Of these seven judges, the one
having the shortest time to serve to complete his
term or the eldest of those having equally short terms
to serve acts as chief justice. Most of the business
of the court is done in the state capital although two
sessions are held each year in Pendleton.
Next below the supreme court are the circuit
courts of which there are seventeen in the state.
These are so named because the judges often have to
travel over circuits, that is, to go from one county
seat to another to conduct trials. Not all circuit
judges have to do this though as a number of the
counties are separate judicial districts. In such
counties the work of the judge is confined wholly to
the county seat of the county where he lives. How
ever, in the more sparsely settled counties, there is
not enough work to keep a judge busy; hence, two or
more counties are combined in a single judicial dis
trict and court is held at least twice each year in each
county. In the county of the largest population, Mult
nomah, there are seven judges who hold court nearly
every week day in the year. In fact the county court
house in Portland contains eight or ten different court
rooms.
Below the circuit courts are the county courts
which are presided over by county judges. These
officers have little to do with criminal cases other
than the wayward acts of children. The Oregon law
provides that each county judge shall be judge of
the juvenile court for his county. This gives him
the power to conduct hearings or trials of delinquent,
wayward and uncontrollable children who are brought
before him. Ordinarily, the child is rebuked and
warned as to the effects of such conduct or the parent
is given to understand that he must do his parental
duties better. If the case is very bad or if the offense
has been repeated, the child may be sent to a deten
tion home or to the state reform school. Now and
then, when parents have shown themselves unfit to
have charge of their children, the erring child is
taken from them and placed in some home. In Port
land, all juvenile waywardness is handled by a sepa
rate court called the Court of Domestic Relations for
which there is a judge on duty all the time. This
judge is always chosen because of his fitness to deal
with children. If he be a man of great understanding
of and love for children, he can do a tremendous lot
of good for his city. The county judge also attends
to probate business or the settling of estates and the
carrying out of wills.
Other courts are the justice of peace courts of
which there are several in every county and the
municipal courts of incorporated towns and cities.
Before the justices of the peace are brought all minor
breaches of the law while the municipal courts are
responsible for enforcing the city laws. Into these
courts are brought cases of drunkenness, disorderly
conduct, small thefts, fighting, etc. Persons convicted
of crime in these courts may, if the fine given is above
a certain sum, and they feel that they have not re
ceived justice, appeal their cases to the circuit courts.
In the smaller cities, the recorders often act as judges
of the city courts.
In addition to the judges of the various city,
county and circuit courts, there are attorneys elected
by the people who represent the city or state in the
presecution. It is the duty of these officers to see
that the laws are enforced in the territory under
their jurisdiction. It is within their power to send
out sheriffs and other officers to make arrests, to in
vestigate cases where crime is suspected, and to en
force order. A widespread condition of law breaking
in any city or county is a pretty sure indication that
the prosecuting attorney or the city attorney is a
weak officer and that the people should bring about a
change in the office.
There are two kinds of juries, petit or trial juries
and grand or investigating juries. The trial juries
are composed of twelve members in the circuit courts
although fewer members may be used in the lower
courts. In all criminal cases there must be a unani
mous verdict. In civil cases, three fourths of the
number may render a verdict. Persons accused of
crime before being brought up for trial may be
brought before a grand jury. This is a jury of seven
members chosen from the original jury list to decide
whether there is evidence enough against the accused
person to warrant his being held for trial. To these
jurors, the prosecuting attorney submits his evidence.
If five of the .jurors believe that there is evidence
enough to make a verdict of guilty possible, an in
dictment is returned. If four or less vote for the
indictment, the accused person is freed.
(Continued on Page Seventeen)