The race for state treasurer
Kerans, Rutherford boast of past experience
By Stasia Scarborough
Of the Emerald
In a race that has attracted lit
tle attention among Oregon
voters, the state treasurer’s cam
paign pits two experienced
politicians in their first
statewide political race.
Democratic candidate Grattan
Kerans, a long-time legislative
representative from Eugene and
former speaker of the House, is
facing Republican incumbent
Bill Rutherford for the job of the
state’s top fiscal officer.
Rutherford, appointed by
Gov. Victor Atiyeh six months
ago, is banking his campaign on
his experience as a legislator,
small-business man and
financier.
Attempting to attract the
voters’ attention to the race
described as “kind of a gray
area in between governor and
the local candidates,’’ Kerans
said he is focusing his cam
paign on specific issues the
treasurer would face.
Those issues have included
such matters as policies for state
investments and the question of
who should control and operate
the State Land Board.
Both candidates are stressing
their experience and under
standing of the financial
responsibilities of the job.
Kerans emphasizes his five
term experience as a legislator
and Rutherford his experience
as a small-business operator and
investment company’s chief
executive.
Bill Rutherford
The state treasurer is respon
sible for management of the
state’s investment portfolio and
investment policies.
Kerans, in his attempt to
focus on the specific issues of
the campaign, has suggested
changing the current invest
ment policy, including a call for
divestiture of Oregon's in
vestments in South Africa.
He said that the state’s “pru
dent person rule,” which forces
the treasurer to invest the state’s
fund at the best return with the
lower risk, is not incompatible
with divestiture.
Comparing South Africa to
other countries that have
undergone revolutions, Kerans
said that country’s unstable
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political climate offers too
much risk for the state’s
investments.
Rutherford graduated from
Harvard law school and return
ed to his hometown of McMinn
ville to operate the family
business and represent the
district in the Oregon
Legislature. He was also the
chief executive officer of a small
West Coast stock exchange firm
for a short time, before the com
pany was forced to declare
bankruptcy.
The demise of the company,
Rutherford said, was due to the
financial troubles of that com
pany's principal backer and was
not the fault of mismanagement
on the part of other employees
of the company.
r™... .. 1 1 ..
Also at issue in the campaign
is the direction of the State Land
Board, a three-member commit
tee including the governor, the
secretary of state and the state
treasurer. The land board
oversees the handling of state
lands and decisions made by
the director of state lands.
Kerans has said that Ruther
ford allowed the director too
much degression in the day-to
day dealing of the organization,
especially allowing the director
to permit Atlantic Richfield Co.
to conduct tests for oil off the
Oregon coast.
Rutherford agreed that in the
past the director might have
been allowed to operate too
much on his own. but in the
case of the oil exploration, the
request was a routine matter.
Grattan Reruns
The Supreme Court justice race
Each claims superior experience
By Paul Ertelt
„ Of the Kmerald . .
Oregon Supreme Court Justice Hans Linde
sees no reason why he should riot be returned
to the state’s highest court where he has served
since 197 7.
“I think we have an excellent Supreme
Court and I’ve been doing my share.” he says.
But Linde is being challenged for his posi
tion on the court by -\lbin Norblad, a circuit
court judge in Marion County. He has also
served on a variety of other trial courts since
1968.
Norblad points out that Linde has never
served in a trial. He claims that trial court ex
perience is essential training for the Supreme
Court.
“What does the Supreme Court do? It tells
the trial courts and trial lawyers what to do.”
he says.“He has never tried a case as an at-,
torney or a judge.”
Norblad also charges that Linde has been
less productive than his colleagues on the
court and that his decisions are often unclear
and difficult to read.
But the duties of the high court are much
different from those of the lower courts, Linde
says. The Supreme Court hears no witnessses.
nor does it rule on facts in a case.
Instead, the court rules on points of law
only in cases it decides to review. It usually
rules only on significant points of law, where
the impact of the decision is wider than any
specific case.
Linde says that his more than 30 years of
experience doing legal research makes him
more than qualified for the job.
Linde’s law career began in 1950, when he
spent a year as a law clerk for late U.S.
Supreme Court Justice William O. Douglas. He
also has served as an attorney for the U..S. State
Department and as a legal assistant for the late
U.$. Sen. Richard Neuberger.
Between 1959 and 1976, Linde was a pro
fessor at the University’s law school and a
visiting professor at Stanford and the Universi
ty of California at Los Angeles law schools.
Linde was appointed to the court in 1976 by
Gov..Bob Straub and was elected to a six-year
term in 1978,
Linde agrees that trial court experience is .
■important on the Supreme Court, but four of
the seven justices on the court have trial court
experience that is much wider than Norblad's,
Linde says. Since the justices work together on
an opinion: they can share each others ex
perience and expertise, he says.
"If we had no circuit court judges, that
would be bad, but if they were all circuit court
judges, that would be bad too because we
would not have other perspectives." Linde
says.
Linde says the overwhelming support of
his colleagues refutes Norblad’s claim that
they are dissatisfied with his opinions.
In a recent questionnaire the State Bar
Association sent to its members, 79 percent of
those who responded favored Linde over
Norblad for the Supreme Court position. The
association sent out 6.823 questionnaires and
3.908 members responded.
Norblad says the results reflect his reputa
tion as a tough judge and most of the state's
lawyers fear facing him in court. He also
charges that Linde is too liberal on such issues
as criminal rights and police searches.
"There is a difference between us,”
Norblad says. "Philosophically and from a
practical standpoint, there is a true choice.”
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