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About The Oregon statesman. (Salem, Or.) 1916-1980 | View Entire Issue (March 4, 1930)
rf ! REFEREES -V- 1 DEDATEHS 4 VAGZm. --r rir rr r- . a, ?w r-'- r C I : - : cam Far OOI flESI IB FILE F (JUGS 1 Disbarment of Joseph and Suspension of Man- nix is Asked (Continued from Page 1.) TeIop this mining prospect and to pay Justice Rand the $300,000 demanded by the option? Was it to come from the half million dollar endowment fund which iWickey and Mannix expected to Win for themselves through liti gation?' Charge Declared jTo Be Very Serious "The only conclusion which the ordinary voted could draw from euch language, if he believed the statements, was that this justice had entered fnt oa corrupt bar gain whereby it was intended that he should sell Justice. It was evident from the words credited to Joseph and other extracts, that the respondent intended that uch should be the conclusion he desired the voter to reach. "Plainly and unquestionably the respondent charged the Jus tice with a crime, and an offense which, if true, would require his immediate impeachment. That uch was the respondent's inten tion and desire was strengthened by the language he used in a ra 'dio address. To the mind of the writer, there is no escape from the conclusion that the respon dent charged the justice with not only a crime but a flagrant one, which Involved a sordid financial transaction as well as the viola tion of a solemn oath of office. I Burden of Proof 1 Ijiid Upon Joseph "The question now remains as to whether the accusations made by the respondent in his radio ad dresses and published in a pamph let were true or false. It was claimed by the respondent that the burden of showing that the accusations were false lay upon the prosecution, and that there was- failure to do so. But such, in the opinion of the writer, is neither the law no-the fact. Au thorities show that this is not the law. "The respondent made no ef fort at the hearing to substan- i tiate the truthfulness of the ac cusations made against Justice Rand The only evidence intro duced by respondent upon this point was a copy df the option en- j tered into between Justice Kana and others with Thomas Mannix. F.tiiirs of Legal Practice Noted "There is no law or ethical precept which prevents a judge from having business relations with an attorney, even though the attorney be continually prac ticing in the court over which ueh a judge presides, provided, of courae, the business lsnot re lated to the litigation which the - Judge is passing on." Referring to the charge that Justice Rand raided a trust fund. In connection- with the decision in the. first Wemme case, the findings read: "The most grevious charge against Justice Rand was that he openly raided a trust fund, the basis for such accusa tion being the decision of Justice Rand in the first Wemme case. This case was decided October 23, 1923, while the option complained of by Joseph was not given until January, 1926. Option Held No Proof of Charge "Therefore, the Introduction of the option in evidence in no wise establishes proof that the de cision of October, 1923, was In fluenced by an option given two year a later. The decision of Jus tice Rand resulted in the Wemme case being kept intact. It was , m Jiot openly raided, because It Is till in a permanent form and In the hands of responsible men of lilsa character and standing. It was declared to be a charitable trust for the benefit of unfortu nate gfrls forever. No other con struction can - be given Justice Rand's decision. "The original decision of Jus tice Rand, against which the re spondent made his charges, was considered by the late Judge Wolverton In a proceeding In the I'n i ted States district court. From this silent witness comes the strong and cogent testimony as to the falsity of the accusation made against Justice Rand." Wolverton Affirmed By Court of Appeals The findings further set out , that the case was appealed to the Vnited States District Court of Appeals, with the result that . Judge Wolveron was affirmed. "This brings us," continued the findings, "to consideration of the claim made by respondent ' that whatever he may have said : In radio addresses or published In pamphlet regarding a Justice of the supreme court was priv i lleged. In the opinion of the ; writer there was no privilege. The courts are unanimous In i holding that the publication of - false and scandalous nutter, and particularly the Imputation of ;i crime, is not privileged. "Respondent sought to make I I distinction between the Imputa tion of crime against the private character of a person and charg I es against hi official conduct. There may be such a distinction I in some circumstances, but when ; a justice of the supreme court is charged with a corrupt bargain and selling justice, it is most cer- talnly against his private charac- , ter. that such accusation is made If, it be false it amounts to moral turpitude, and under all the de cisions, such conduct warrants disbarment or other punishment. Charges Declared Absolutely False "We now come to the third. fourth and fifth charges. There remains not the shadow of donbt in the mind of the writer as to the falsity ot cnarges brought against Justice McBrlde. Neither Is there any donbt but what little testimony there was in support of them was perjured. These charges made by respon- dent against Justice McBrlde -were based upon the unsupported statements of one Condlt, These -charges iavolred tits Integrity i V KM 0 eu These four men will Oregon State college in m dual ' debate against the University of Otecoa Thursday night, tteaa- ing from the top: LeRoy Swan sen. Herbert Ewing (negative team) ; Gordon winks and Cut U-r Rich (affirmative tean) The question will be "Resolved. taat world peace demands tne mobilization of all armed for ces except those required for police protection. who. for nearly half a cent dry has occupied positions of the hfghest trust in this common wealth. From that assault Jus tice McBrlde came forth vindicat ed and unharmed." Charges that Justice McBrlde took automobile rides with Con dit and drank liquor with Mannix again brought a statement from the referees that the charges failed and their falsity was clear ly and unquestionably proved. Check Charges Are Declared Established The referees. In referring to charges against Mannix which in volved the Issuance of checks to the Basket Brogery company and : Wins1 1 Aii STANDARD ETHYL for WINTER DRIVING sTAMoaao oa cotenurr or cauroanu at RED, WHITE PORTLAND, Ore., March t (AP) A. A. Bailey, county clerk. and C 8. Stowe, former chief deputy, were technically arrested today on indictments charging po litical activity while employed un der civil service when beach war rants were read to them in Bai ley's office by a deputy sheriff. Morris Perkell, former mar riage -license clerk who was in dicted on a similar charge, could not be located today by deputy sheriffs. Perkell and Stowe were ousted from the clerk's office re cently when the civil service com mission found them guilty of charges involving political acti vity. Bailey and his former deputies were indicted by the county grand Jury last Saturday following a two week investigation. All three were charged with having oppos ed the re-election of Grant Pheg ley, county commissioner, and working for the election of the late A. G. Rushlight and J. O. Wilson. WALES RECOVERING NAIROBI, Kenya Colony. March 3 (AP) The Prince of Wales is making good recovery in his bout with sub-tertian mala ria. He is in bed in government house here, attended by physi cians and nurses who have spe cialized In this curse ot equatorial Africa. nun tneir care and bis own strong constitution and optimis tic temperament. It Is believed that any danger of complications or a relapse is slight, it was even stated that he hopes to be able to leave his bed in a day or two. His fever developed while the royal hunting party was in a train between Ku and Vol Friday nleht. and it was not until early Sundav tnai tne party arrived at Nairobi. The prince's future nlans are naturally causing much specula tion. He obviously will be reluc tant to leave Africa without bag ging an elephant on which he has set his heart but It is recog nized that he will be ruled by the opinion of nig medical advisers. USE OF WITNESSES SAN FRANCISCO, March 3 (AP) The right of a United States commissioner to subpoena witnesses as an aid , to the search warrant process was denied here late today by Federal District Judge Frank H. Kerrigan in a far-reaching opinion in which he j refused to order the .Pacific Tele- j phone Telegraph company to : disclose its confidential subscrib- I er list as a basis for raids on boot leggers, r "A proceeding by Which a judge ot this court or a United States commissioner seeks to pro cure evidence of an incomplete showing made on application for a search warrant," Judge Kerri gan held, "is the exercise of a function reserved to the grand Jury aad Is void." Judge Kerrigan's ruling was said to be the first In federal court history la which a judge has passed npon the status of acts of a judicial officer which are In quisitorial and within the scope of the grand jury's powers. to one Mazurosky and to others, which were not paid for want of funds, the referees held that these charges were true. "In the opinion of tha writers," read the findings, "the Issuance of checks and other matters numerated vi olate the canons of the statute and the requirements as to qual ifications and conduct ot attor neys, both as to moral character and in dealings with the courts, and convicts the defendant of transactions Involving moral tur pitude and wilful deceit and mis conduct in his profession. ft BLUE DEALERS FflflM HIS ILLNESS OFFICII n 3 SI 7 1 m II fnv I II ll fXIII VI TIT a t- vii i i nesw. -i i i i x v zj-ta m - -aw. mm mm mm m -m m m m - m mm i in iu r if. ii ill 1 1 - alem housewives are every day 5 more and more loaves of Hillman's Snow flake Butter-Nut bread. Why? There must be a reason . . there is a reason ! First, this good Hillman's Snowflake Butter Nut loaf was built to their very own specifica tions. It is just the right size to fill the day-by-day needs of the average family, without waste ...a full pound and one-half loaf. Then, it's moulded in the ideal form for quick, even slicing, for even toasting, and for making sandwiches for every-day or party use. Its de licious flavor, tender crust and wholesomeness make it a real favorite. Ask your grocer today for a loaf of Hillman's and you'll be a Snowflake Butter-Nut fan, too H I LLMAN'S CD CHERRY CITY BAKING CO. mm, ma i ii i lit M l r- I ordering . (J-u.:v u BUTTER-NUT BREAD and judicial .. honesty of a V