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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (Dec. 31, 1916)
THE STJNTAY PORTXAITD, DECEMBER 31, 1916. their going to prison would never help their victim, he paroled Ahem condi tional on their paying 81860 to the girl. The objection was made this ao J tlon was contrary to all legal prece I dent, whereat Judge McGinn replied: "I'm going to smash this thing of JUDGE HENRY E. NTGINN, WHO IS BELIEVER IN JUSTICE AND FOE OF RED TAPE AND PRECEDENT, QUITS CIRCUIT BENCH Numerous Incidents Centering About Jurist Reveal His Strong Humanitarian Principles, Which Brook No Barrier by Reason of Established Practises, and Have Made His Courtroom Boon for Newspaper Reporters in Search of Features. "EXPERIENCE" IS GREAT PLAY, VERDICT OF PUBLIC OFFICIALS Praise Is Given Comedy-Drama by Prominent Persons Play Comes to Heilig Theater in Portland Thursday Night, Following Eastern Success. precedent every time I get a chance and every time It will do any good. To do something Just because someone else has done It and to follow some other person's trail wftho it reason or Justice Is nonsense. Precedent nss 1 1 1 i f . tttttttm .... A VIGOROUS and picturesque figure has left the bench of the Oregon State Circuit Court. Henry E. McGinn, for six years judge of Depart ment No. 5 In Multnomah County, re tired yesterday at the expiration of his term of office. His retirement was voluntary. He liad declined to be a candidate to suc ceed himself, saying he would not, un der any circumstances, accept a sec ond term. But Judge McGinn and his one term on the bench will be remembered long arter some other judges and their doings are forgotten. The six years of his incumbency have been crowded with events of intense public interest. There has been hardly a week in that six-year period that the news papers have not carried accounts of some extraordinary occurrence in Judge McGinn's court. Perhaps the judge had stopped a trial with the remark that there was no need of proceeding further, because he would not convict any man on the testimony of a "stool pigeon." Maybe he had laid down the prin ciple that no woman would ever be sent to prison from his court. Youth! Are Eneouragrd. Or he might have released a youth ful thief on the lad's mere word of honor to "keep straight," because the Judge believed that sending a man to the penitentiary is "worse than send ing him to hell." Still again, he might have gone out of his way to excoriate a husband for mot supporting hie family, and then have bargained with him the terms of support on which he could save him self from jail, or he would decline to accept the verdict of a Jury in a dam age suit with the remark that the damages allowed were too small. It might have been any of these things or many others of almost dally occurrence. But nearly always there has been something so out of the or dinary that the Courthouse reporters would seize upon It for their papers. Real news, too, every line of It. for Judge McGinn is no "grand-stander." Those twin gods of respectable jurls- JlUl.L HENRY E. M'GIXX ON THE BE.VCH, IX CHAMBERS AND OUT FUR A WALK. prudence, precedent and technicality. have had a sorry time of it from him. Ho has shown vastly more interest in some such matter as that an old woman who had traded her property away under a misrepresentation should get it back. And whether she did it technically or untechnically hasn't par ticularly worried Judge McGinn. Precedents Swept Aside. If precedent or technicality has stood in the way of what he conceived to be common justice in such a case there would be a swooping gesture of his big hand, as if to brush them aside, as he spoke his mind from the bench. Lawyers who banked on precedent and technicality on such occasions have received precious little mercy from the judge. Naturally enough he hasn't been over popular with them. Certain lawyers generally those on whose toes he had steppedhave crit icised him bitterly, as often as not in open court. Though impetuous and insistent at times to the point of being absolutely dictatorial, there isn t much of the over-lord about Judge McGinn. In his six years on the bench he has never disciplined or fined lawyers for con tempt who argued with him. no matter what they said, but then and there re turned as hot shot as he got. Trials Often Stopped. On occasions his impulsiveness has led him to take snap judgment on a case and stop the trial with the re mark that he had made up his mind and didn't care to hear further evi dence. But If the opposing lawyer could convince him that the court was wrong Judge McGinn has often re versed his ruling and ordered that the case proceed. Indeed he frequently after such an incident has decided in favor of that lawyer s client. By reason of his impatience with technicalities, his Impulsiveness and his peculiar views against sending any person to the penitentiary peculiar, at any rate, in comparison with the ac cepted conventional view of punishing the wrong-doer lawyers and unsuc cessful litigants have sometimes sneerlngly referred to Judge McGinn as "crazy" and "high handed," ana have said that he decides "without re gard to law." Judge McGinn Is not "crazy." but he is Intensely human the most human Judge, perhaps, that ever sat on the Oregon bench, and his faults have been human laults. Really to understand him, though, one must get glimpse of the philosophy that runs through all his decisions. In conversation with a friend the other day. Judge McGinn summed up that philosophy in a few pithy sen tences. Here they are: No fellow can look into another's eye and tell what kind of a man he Is but he can look into his own heart Just put yourself into the other fellow's place. If we will but do this we'll have few candidates for the pen itentiary. "If there is any place worse than hell, it s the penitentiary." In the glow of that kindly philosophy, glano, at a few of the rulings and acts that have so shocked the conven tionallsts. Here is a newspaper account written at the time of one such decision: 'Karl Riley. 17, and with a long Juvenile Court record, stood before Circuit Judge Henry McGinn today after having confessed to stealing an automobile. He had been sentenced to serve from one year to 10 years in the penitentiary. " 'But wait,' said the judge, after pause, as an officer moved to take the boy away. 'I can't send that boy to tne penitentiary. Maybe I can parole him." Then of the boy he asked: 'Will you promise me to be good?' "'Yes. Ill promise,' said Riley, read iiy- " 'This is on the square now. Honor bright?" asked the Judge. " 'Honor bright,' repeated the boy. ""Cross your heart?' asked the judge "'Cross my heart,' replied Riley. " 'Will you shake on it? " 'Sure.' "Judge McGinn reached down from the bench and grasped the boy's hand. " 'Now. that's a bargain,' said the court, 'and I believe you will keep your word." "I will, sir.' replied Riley." And it should be added that he did. On another occasion Judge McGinn was asked to admit a woman to bal who had been extradited from Canada on a charge of forgery. He did so with this comment: "The first Item of my catechism op poses sending women to Jail. It has been a rule of my life while on the bench never to send a woman to prison, and In my six months more as a Judge I do not Intend to break that rule." Three men were tried and convicted before Judge McGinn for felonies. He sentenced them and then paroled them on condition that they go out and earn rums of money fixed by the court and ay this money to their victims. One of the defendants was a sailor who had assaulted i shipmate with a deadly weapon. Injuring him so badly that he had to be taken to the hos pital. Judge McGinn sentT.ced the as sailant to one to 10 years in the pen itentiary and then paroled him on con dition of his paying $100 to the man he had assaulted. Two of the defendants were con victed of an offense against a young girl. Judge McGinn sentenced one to one year's imprisonment and the other to six- months. Then, remarking that ISO The Assembly Club Ball. The ball given by the Assembly Club on Tuesday evening at tne marquam was a brilliant affair In every way. The ballroom was gaily decorated by Otten and presented a delightful ap pearance. The walls were hung with snow-laden Christmas green. while sparkling in their midst were innum erable little electric lights of many hues and colors. Directly In front of the bandstand was a miniature forest, resting on a soft, mossy bank, the ef fect ol the picture being greatly en hanced by bright crimson ' electric lights. Festooned across the celling were dainty garlands of hemlock, in termingled with green, amber, deep red and blue lights. The guests were received by Mrs. James Laldlaw and Mrs. F. Alleyne Beck. Dancing began at 9 o'clock. The music was furnished by the Marquam Grand orchestra and was simply su perb. At 11 o'clock an elaborate supper was served in the cafe, after which dancing was resumed, lasting for sev eral hours. The costumes were rich and extremely tasteful. Vflten-Marquam "Wedding. On Wednesday evening at 5 o'clock. In the Unitarian Church in this city. Willametta Marquam, daughter of Judge P. A. Marquam. was united in marriage to Alfred K. Velten. of this city, by Rev. T. L Eliot. The bride was attired stalked through our courts and legis latures until It has become a bugbear. I'm going . t put on armor and use heavy artillery against it whenever 1 meet It." s - The famous "and or or" case well Illustrates Judge McGinn's Impatience of technicality and epitomizes his at titude as a judge when he believes technicality has been used to hinder the course of Justice. The widow of a traffic policeman who had been killed by an automo bile truck sued for damages. On the first trial, nearly two years ago. a Jury In Judge McGinn's court awarded her 87600. The Supreme Court, how ever, reversed this verdict and ordered a retrial because attorneys for the widow In drawing up her complaint had said the aulpmobile was driven "care lessly or negligently." Instead of "care lessly and negligently." ... Ob the second trial, also htld before - - u. .:, the lurv returned a ver dict of $6000 for the widow. The de fense let .the time for appeal go by de hull, and then asked Judge McGinn for a court order, to permit an appeal to be taken. . . t,.h.. : .::-. at first flatly refused t-, k relented on condition that the defendant company pay tne wiaow u J000 judgment Immediately, assuming Judge McGinn's personal bond to make restitution should the Supreme Court reverse the decision of 12 men for the second time. "The law's delays are making Tor socialism and anarchy." declared Judge McGinn In his comment on this case. "Two Juries have declared In favor or this woman, the death of whose uj i...i - little short of murder. Its high time the courts quit finding ways to keep men and women from getting Justice. "1 heard this case twice. There was no care exercised by the driver of the defendant lumber company's auto truck and the death of the traffic offi cer was almost murderous. The com pany is trying to wear out the woman s patience and force her to poverty so that she would have to surVumb to whatever compromise they might of fer. This won't happen If I can help It." In another damage suit tried before Judge McGinn, the plaintiff, a woman, wan awarded 81 damages by the Jury- "You can return this verdict. said Judge McGinn, "but I'll set It aside. It's a travesty on Justice. If this wom an Is entitled to anything. Bhe Is en titled to more than 1. If her caui U not Just, $1 Is too much to give her. Judge McGinn's uncompromising stand against convicting any person who had been entrapped Into doing wrong by "stool pigeons" or police Is well illustrated in a bootlegging case that 'came before him on appeal from the Municipal Court. Officers of the moral squad had ar ...i.rf the .Innanese oroDrletor of a ! rooming-house for selling liquor, and on their testimony that they had bought liquor from him with marked money, which was introduced in evi dence, he was fined $210. The Japanese appealed to the. Circuit Court and his case came before Jud McGinn. Only a few witnesses had been heard when the Judge dismissed the case. "There Is no good taking up any rr.nr time wlih this case. he an nounced. "I will never cotivlci an) man. white, black, yellow or tawny for any offense where the state will have one of its agents go there and entrap him into the commission of a crime, i t i wrong. It Is morally wrong. I don I re how many authorities will uphold , h that it Is necessary. It is wrong for the state to do ong and If the state will allow, per mit and encourage Its officers to go ana Invite people m ...... -- then Jump upon them, the state ought to receive no consideration. It lsnt decent, it isn't moral, it isn't right and any amount of Judicial reasoning can never make it right. Every man is en titled to be dealt with fairly. "This man Bold liquor. I haven t any doubt in the world of it, but the state was a party to the transaction and I am not going to convict him on this kind of testimony." Judge McGinn has a horror of send ing a man. particularly a young man. to the penitentiary. "I was District Attorney of Multno mah County from 1886 to 1890." he said recently, "and I hope I may be forgiven, for I did a great deal of wrong. But I lived up to the light that I then had. That Is one part of my life of which I am not very proud. "Every now and then I read in tne 25-years-ago column of The Oregonlan of convictions 1 obtained. I ask my self would you send that man to the penitentiary if you had it to do now? And 1 answer that I would not. There might be a few exceptions but very few and I am doubtful as to them. "Punishment Is degrading. It crushes out what Is good in a man. There isn t one of us who does not look back some times and think with humiliation of a punishment he has received, and with bitter feelings towards the person that punished Mm. "I do hope that the time will come when some way other than the peni tentiary will be found, even for the in corriglbles. To send a young man. a man clean but for some misconduct, perhaps done on the spur of the mo ment, to the penitentiary Is nothing short of a crime." Of his own views of the law and technicality. Judge McGinn said on this .same occasion: The old common law Is good CffiTYi in an elegant costume of cream Ben gallne silk, ornamented with Duchess lace. Only the relatives and intimate friends of the parties were present. The happv couple. Immediately after the ceremony, left for Southern California, where they will spend the Winter. After their return from California they will leave for a years trip to Europe. Juvealle Fancy Dress Party. A most enjoyable and novel event In Juvenile society circles was the fancy dress party given last Tuesday evening in honor of Ernest and Charles Mac kay at the residence of their parents. 71 North Twenty-first street. The lower floor of the house was canvased throughout and afforded an excellent opportunity for dancing, which was the order of the evening. A delicious sup per was served in a 'cosy corner of the attic, which had been most artistically decorated for the occasion. There was a great diversity of costumes, the bur lesque, the picturesque and grotesque were all represented; but they were all suggestive, and one could readily distinguish the character they imper sonated. Among those present -were Inez Barrett. Fanny Brown. Pearl Crelghton. Octavls Drake. Luclle Fore man, Caddie Foreman, Less I e Llewel ling, Azallne Earl, Ina Ilette. Frances and Edna Jeffery, Irene Malarkey. Nel lie Johnson, Cora Koshland. Frankle Martin. May O'Connor. Cornelia Rock well. Ethel Stearns, Nannie Wood. Jes r N recent years few plays have at tracted as much attention as George V. Hobarfs morality comedy- drama, "Experience," which comes to the Heilig Thursday, it was originally written just for a one-act sketch at the Lambs' Gambol and was played entirely by members of the Lambs' Club. Managers In New York always watch carefully these Lambs' Gambols to see If there are not some of the sketches that have the germ of dramatic success. It was recognized that "Experience" was something unique, and William Elliott. F. Ray Comstock and Morris Gest asked Mr. Hobart to elaborate his sketch into a complete play. This he did. making "Experience" a modern morality comedy-drama in 10 acts. In New York the play ran for nine months and was given at three theaters in suc cession during Its first season the Booth, Maxlne Elliot and the Casino. Runs In three seemed to favor "Ex perience." When given In Boston last year "Experience" also played suc cessively at three different theaters the Shubert. the Boston Opera-House and Ye Wllbut. It ran in Boston for five months and It was the first itme in a decade that any attraction In one season had played three houses. In Boston. Thomas F. Walsh, then Governor of Massachusetts, after seeing the play, said: ""Experience' is a won derful play. I think everyone should e It- I am glad I saw It." Mayor enough. We'll get more substantial Justice out of the old common laws than Wc-'re apt to get out of the laws of this later day. "There is a sort of hysteria In the air today. Everybody seems to think that we can pass a law and that It will do everything. If we had a Legislature that met only once In 10 years, and did nothing but pass on appropriation measures, we'd be a lot better off. "I have long held to the idea that the common law was elastic and that under It Justice could easily be done, and I have tried to run my court so that justice and common sense, and not technicality and procedure, should govern. 1 have at least worked to ward that end." as Judge McGinn has a truly remark able memory. He can tell you offhand the exact date and place of birth of almost any pioneer citizen, as well as other facts In their personal history. If he hears a thing once, he remem bers it always and can call upon it at any time. His knowledge of the law and mem ory of cases are also extraordinary. The bar universally admit that he Is not exceeded In legal learning by any member of the bench. He is a warm personal friend of many well-known public men. Includ ing Colonel Theodore Roosevelt- His friendship with Roosevelt began un der rather unusual circumstances. The day that Colonel Roosevelt was In Portland, In September. 1912. In the PORTLAND 5MESAG0 sie Reed. Annie McCraken, Edna More- land. Helen Van Schuyver. Esther Ha ganey. Christie Hoyt. George Durham, Herbert Hoyt. Chester Hogue. Ned Bar rett. Peter McCraken. Charles Mackay Hamilton Campbell. James Jack. Ad Johnson. Charles Malarkey, Harry Klosterman, Ed Lyons. Hugh Laldlaw, Ernest Laldlaw. Harry McCraken. Rob ert McCraken. Nestor McCraken. Ernest and Charles Mackay. Horace Pennover Ed Sterling. Ed Strowbridge. Ersklne w ood. Mrs. Kiapp'i Dinner Party. Mrs. R. B. Knapp gave a charming dinner party on Thursday night. The table was ornamented entirely with decorations of pink. In the center stretching over the snowy damask cloth, was a cover of soft pink silk surmounted by a crystal vase filled with pink roses and intermingled with smilas;. which reached to the chande lier above and was held there by pink satin ribbons. The corsage bouquets were of La r ranee roses and the bou tonnieres were carnations. The guest cards, as well as the menus, were of cream-white English parchment, hand- painted in gold, and were verv beauti ful. The menu was most elaborate and several hours were spent In Its discus sion. Those present, besides Mr. and Mrs. KnaiT. were Mr. and Mrs. James McCraken. Mr. and Mrs. E. H. Palmer, Mr. and Mrs. E. H. Miller. Mr. and Mrs. W. T. Wallace. F. M. Gllmore and Law renee Knapp Curley. of Boston, was also enthusiastic about "Experience." and said officially: ' "Experience' is a wonderful perform ance and teaches a great moral lesson." The department stores reserved the Boston Opera-House one night and em ployes from every department store In Boston attended as the guests of their employers. At the conclusion of that performance, which was opened by the Governor and the Mayor. John Shepard. Jr.. owner of the Shepard Stores. Boston and Providence, wrote the Boston Post without any solicitation from the man ager of "Experience" Company the fol lowing letter: "I want to speak of the pleasure I received from witnessing the performance of 'Experience.' I had no idea the play was of so much impor tance to young people. Every one of our employes was present. I felt I was receiving a benefit that would last through life. I cannot believe that a year of church sermons by the bright est of clergymen could bring equal he suits. Last year Boston's "Experience" or ganization, by popular and lnsistant de mand, remained in New England for the entire season, and it was necestary to cancel all bookings outside of New England. In cities where attractions usually appear for one week or two nights. "Experience" had runs of two and three weeks. In Providence there were three separate engagements of a week each and two weeks at Springfield, Hartford. New Haven and Fall River. course of his campaign tour for Presi dent on the Progressive ticket, was one of the occasional hot. sultry, sti fling days that occur now and then even in Portland. The Colonel had been having a strenuous time of It. When he arrived at the Gipsy Smith auditorium to make a public address he was so hot and exhausted that he could not speak. Jude McGinn was chairman of the meeting. Colonel Roosevelt asked the Judge to talk and hold the meeting while he rested. Judge McGinn, talk ing entirely impromptu. without a note, spoke for three-quarters of an hour. Colonel Roosevelt declared with enthusiasm that it was one of the best political addresses he had ever heard. He took such a liking to Judge Mc Ginn as a result of this incident that when he came through the Northwest in the Summer of 1915 on his way to the San Francisco fair. Colonel Roose velt telegraphed Judge McGinn to meet him in Seattle and ride to Portland with him. Juder McGinn did so. By the time the train reached Portland, Colonel Roosevelt was so charged with his conversation that he wouldn't let the Judge disembark. He Insisted that Judge McGinn go on to San Frsnolsci with him. which Judge McGinn finally did. Before going on the bench. Judga McGinn was considered one of the most brilliant lawyers at the bar. For many years his law office was In tha Oregonlan building. Now on his re tirement from the bench he will re engage in the practice of law and his offices will be in the same building. LIVESTOCK BOOK ACCEPTED .McMillan Company to Publish Work of C'orvullls Edacators. OREGON AGRICCLTCRAL COLLEGE. Corvallls. Dec. SO. (Special.) "West ern Livestock Management," written by Professors E. L. Potter, O. M. Nel son, Carl N. Kennedy and G. R. Sara son, of the animal husbandry depart ment of the college, will be brought out by the McMillan Company as one number of the rural life studies Issued by that company under the direction of Professor L. H. Bailey. It will be the first book of its kind ever written covering the management, breeding, feeding and care of livestock under Western conditions, and will be suitable as a text book for beginners in animal husbandry studies In the West or as guide and reference for Western Stockmen. School Ce nsus Shows Increase. HOOD RIVER. Or.. Dec. 70. (Spe cial.) A census of the school children of Hood River County shows an In- . i ' . t tr iii u v . ii'iiii-uitvi i l 1 1 i ra i greatest Increase Is shown In the Bar rett District, which as a result becomes a second-class district, the only one in the county except that of the city. The Barrett District's school children were Increased mainly from the acqui sition of territory acquired from tha Frankton District. Ttead The Oregonlan classified ads. I t