f "vacancy on supreme court
ff Speculation on New Justice
Waits vjovernor s Keturn
By WILLIAM WARREN
(United Preu SUft Correspondent)
Number one question among capital observers is: Who will be
the next justice of the Oregon supreme court?
Gov. Douglas McKay, in Washington, D. C, today to attend
a congressional hearing on the
mm
WII1UB warreo
proposed Columbia valley au
thority, is expected, as soon as
he returns to
Oregon, to namcf
a successor to
Justice Percy R.
Kelly, who died
June 14.
A lot of spe
culation has
been going on
here as to thejt
man Gov. Mc
Kay will ap
point to fill the
high court vac
ancy. Many, without naming
names, have guessed that the
appointment might come from
eastern Oregon, which is not
now represented on the supreme
court bench.
Three of the justices are from
Portland Chief Justice Hall S.
Lusk and Justices George Ross
man and J. O. Bailey.
Acting Chief Justice James T.
Brand is from Coos county, on
the coast. Justice Harry H. Belt,
dean of the bench, is from Polk
county, in the Willamette valley.
And Justice Arthur D. Hay is
from Lake county, in southern
Oregon.
So, say observers, McKay may
name a man from eastern Ore
gon to the bench to succeed Kel
ly, who came from Linn coun
ty, also in the Willamette valley,
since eastern Oregon is missing
in representation now.
Belt has been on the supreme
court bench since 1925, follow
ing his first election. Rossman
was appointed by Gov. I. L. Pat
terson in September, 1927, af
ter the death of Justice George
ri. Burnett. Bailey was elected
and took office in January,
1933. Lusk was appointed in
July, 1937, by Gov. Charles H.
Martin.
Brand was named in May,
1941, by Gov. Charles A. Spra
gue, after the death of Justice
Henry J. Bean. Sprague also
appointed Hay in December.
1942, after the death of Justice
John L. Rand
Kelly had served since Sep
tember, 1930, when Gov. A. W.
Norbland appointed him after
the death of Justice Thomas A.
McBride.
Each justice is elected for a
six-year term.
The terms of Lusk, Bailey and
nay expire in January. 1951
Rossman's term is up in Janu
ary, 1953. The terms of Belt and
Brand expire in Januarv. 1955
Kelly's term was also until 1955,
but the man Gov. McKay names
to succeed him will serve only
until tne elections of 1951.
The high court holds forth in
its own building, into which it
moved in February, 1914. The
several justices have their of
fices on the third floor, and sit
in judgment in the supreme
court room, also on the third
floor, beneath a stained glass
dome which bears the seal of
state.
On the second floor is the su
preme court library, considered
one of the best in the country.
Guiding influence is E. N. Gil
lingham, librarian since 1906,
except for one three-year period.
On the first floor are the at
torney general's office and the
office of supreme court clerk.
Dean of the entire supreme
court building is Arthur Benson,
clerk of the court. He was nam
ed deputy clerk in 1902 and has
been with the high court ever
since. He was appointed clerk in
February, 1918, after the death
of Judge H. C. Moreland. Ben
son, from Klamath Falls, has
served with 31 justices. His fa
ther, Henry L. Benson, was Kla
math county circuit judge, and
supreme court justice from 1914
to 1921.
Ably assisting Benson is Dor
othy Cornelius, deputy clerk
since February, 1946, and with
the office for some 10 years be
fore that.
Origins of the court go back
to provisional government days.
In 1841 Dr. Ira L. Babcock was
appointed supreme judge of
Oregon, with probate powers.
Under the territorial govern
ment, the supreme court was
created, with William P. Bryant
as first chief justice.
When Oregon became a state
in 1859, the legislature created
the supreme court, with circuit
judges of the state making up
the Body. There were only four
circuit judges then. But the
number increased as Oregon's
population increased, and in
1878 the legislature created the
high court as a body separate
from the circuit judges.
James K. Kelly was first chief
justice. The court continued
with three justices until 1909,
when the legislature increased
the number to five.
In 1913, the legislature again
&fiiitaiMifoiii 1 1 ii
KAY
Typewriter Co.
Agents
Royal Typewriters
Victor Adding
Machines
223 North High St.
VI (Across from Sena-
I tor Hotel) Fh. 3-8095
(Mom
UIcikMnri
BLENDED WHISKEY
S $3.30
V IK ? in
BLENDED WHISKEY 86 PROOF 70 GRAIN NEUTRAl
SPIRITS JOSEPH S. FINCH I, CO., ALADDIN, PA.
Long Hair Reuben Lind
strom (above), has his own
"cure" for heart trouble, re
moved from a freight train
by railroad police in Buffalo,
N. Y the 55-year-old itiner
ant worker said whenever he
cuts his hair he gets heart
trouble. For the past 25 years
he hasn't had a haircut. (Acme
Telephoto) j
Caterpillar Invasion
Reported on Coast
Tillamook, June 24 OT The
caterpillars are apparently
crawling south from Clatsop
county.
A heavy infestation was re
ported in this area today, about
a week after a similar plague
was noticed in Clatsop county.
Considerable damage to fruit
orchards and to alder trees was
reported.
increased the court, to seven
justices the number at which
it still remains. One of the two
extra justices appointed by Gov.
Oswald West was Charles L.
McNary, who went on to be one
of Oregon's illustrious U.S. sen
ators and one-time republican
nominee for vice president.
It is to this historical, highest
court of Oregon that Gov. Mc
Kay must name a justice. Indi-
cations are that, as soon as he
returns from the national . capi
tal, he will make known his
choice probably by Monday.
Bank Opening
Dinner Planned
West Salem, June 24 Open
ing of West Salem's first bank,
a branch of the United States
National of Portland, on Mon
day, July 11, will be celebrated
at a banquet on the evening of
the opening day.
The dinner, with leading men
of the bank, the state and the
community on the invitation
list, will be at City hall, and will
be under the sponsorship of the
West Salem Lions club. It will
start at 6:30.
Governor Douglas McKay
will be master of ceremonies.
He will introduce Charles A.
Sprague, former governor, who
will introduce the main speaker,
E. C. Sammons of Portland,
president of the United States
National. An entertainment fea
ture will be arranged.
Among others attending will
be Senator Dean Walker of In
dependence and Representative
Lyle Thomas of West Salem and
several Polk county officials.
The Salem Chamber of Com
merce will be represented by
Manager Clay Cochran.
Runaway Balloon
Shot Down by Pilot
Elkhart, Ind., June 24 (IP) A
huge advertising balloon which
snapped its cable in Chicago and
soared 140 miles, was shot down
over Elkhart yesterday by an
Illinois national guard pilot.
The 38-foot sausage-shaped
balloon broke its quarter inch
Brownsville Times Sold
Brownsville, June 24 W The
Brownsville Times, a weekly
newspaper published here for
the last 61 years, has been sold
by Mr. and Mrs. L. E. Giles to
Mr. and Mrs. John L. Roberts
of Yakima, Wash.
$$ MONEY $$
W
4j Real Estate Loans
Farm or City
Personal and Auto Loans
State Finance Co.
1S3 S. High St. Lie. Sit 3-5222
I""-- ' Z 1
1
f ..noon 4.
,o''mo,
steel mooring cable during 33-1 Capital Journal, Salem, Oregon, Friday, June 24, 1949 9
mile an hour winds which raked j
Chicago for a short time late heavy rainfall which accompa-1 nied Monday's typhoon.
yesterday. It soared about 140 jaj
miles across Lake Michigan to
Elkhart in northern Indiana.
Mine Cave-in Kills 13
Tokyo, June 24 VP) Cave-Ins
at three mines in the typhoon
area of southern Japan killed
13 miners, Japanese press re
ports said today. The cave-ins
were blamed on floods and
OIL FLOOR
FURNACE
Yets, 1 5 off the prle. of any
floor furnace bought and
Installed during this sale!
We're offering this, to make
it worth your while to install
new and help us ease our
Fall rush of business. Do it
now! save money and get:
Automatic Heat.
Clean Heat.
tre-Cemfert Warm-Moan
Heat.
aiy Initallatlon Na lata
ami, Na Darts, Na Taarlng Ua
fear Heasa.
NO DOWN
PAYMENT
36 Months to Pay
ACT.NOWl-Sav Real Money and Get Ready
for Winter Ahead of the Rush!
This Offer Coed Only Till July till
WALLACE HARDWARE
THE MARSHALL WELLS STORE
2056 North Capital Phone 3-6877
SIDING ON ALL SIDES
42-INCH fence pickets, ready cut; 1-way 1
point, 2-way point and Gothic point. Each l3C
CEILING plywood, just the thing for those remodel
jobs (not much of this left in M
stock) sq. ft C
KILN-dried, V and Center V TONGUE and
GROOVED RUSTIC SIDING, $C C AA
kfW.VV
1 x 8.
CEDAR, kiln-dried rustic siding:
1x4, 1x6, 1x8
.M
$75.00
PAINT BY THE BUCKETSFUL
POWDERED Casein Paint (25 pounds will make 5
gallons or more). Goes a LONG way. You can do
4 big rooms with this amount. Q
In 25 pound boxes, per pound 3rC
EXTERIOR Texolite. Excellent for concrete, stucco,
blocks. This is usually $5.28 a gallon but you can
have all you want at this $ QP
time for Gallon )i7V
INTERIOR Texolite, Oil and Resin Imperial. This,
too, is usually higher ($3.50 a gallon O"?
in 5's) but now just Gallon JmwJ
At That Convenient Location
INSIDE TRIM
For windows; standard patterns in 3-foot to
6-foot lengths
50 Discounts!
in Kunu.
l.UMBEP T'ffN
1 VARft.
PHONE WM
X
Thousands of men have voted in favor of
Rcommndd by
physicians and sur
geom for thr
dcads, ttit tctWifle sup
ports hav helped thousands
of men. Widely used In Hie
treatment of sprain. They ore
o blessing In helping to take
strain off musclei. Improve
appearance, toot Availobla
In all sixes, theta famous belli
are comfortable, eaiy to put
on and are moderately
priced. Ask your doctor about
them. We hove expertly
trained Allen In attendance.
Capital Drug Store
State and Liberty "On th Corner"
WARNING!
000000009Q0G
A leak in an old roof is usually the forerunner of other
leaks soon to come. In the judgment of the National
Bureau of Standards, when that time comes "it is no
longer practical or economical to effect repairs .. . ,
re-roofing is the only solution." And that's where we
can help you.
As a Johns-Manville dealer in this vicinity, we will be
glad to have you consult with us. We offer you
complete service, quality Johns-Manville roofing or sid
ing materials, the right price and with nothing down,
as long as 3 years to pay, plus a 10-year guarantee.
000000000009
Mathis Bros. Roofing Co.
164 S. Com'l. Phone 3-4642
With YOUTZEMTH
10k Refrigerator
n
(Omit IXPIMt JULY Ind, 19491
-JrjV
With
BIG 7o U CU. FT. ZENITH
America's Best Refrigerator
Value of the Year... Bonus Offer
This beautiful 35-pi.c. dlnnerwar. et plut 8-pl.c g.nuln
Pyr.x refrigerator let 43 placet In all included with your pur
chat, of Z.nith Da Lux. or Sup.r D. Lux. refrigerator , . , ol no
increai. in price! Dainty M.lit.n pattern in oft patt.l colon on
rich Ivory glaz.d domestic china from Crookivlll. pott.ri.t. All
thii ii yours wh.n you t.l.ct your .xfra vafu. Z.nith Refrigerator
If you act at onc.l See and compar. th. feature of both Z.nith
Refrigerators with other nationally advertised mod.lt that toll
from $20 to $40 higher! See th. "Seal-tlte" door latch, th. extra
larg. critpers, th. extra flexible food arrang.rn.nl, and in th
Sup.r D. Lux., th. extra capacity froi.n food storage spa.
You'll b. glad you bought a Z.nlthl
Zenith Super De Luxe
Refrigerator
Ther.'s a ZENITH REFRIGERATOR ctvallabt. for as HMU cm 1 89.95
7MP
mum iooo
sis!
On Display at Your Zenith Dealer Today!
Aamsville, Oregon
W. L. ROBERTS
Donald, Oregon
DONALD MERCH.
Independence, Oregon
INDEPENDENCE HDWE.
Marquam, Oregon
J. E. DUFFY
Mill City, Oregon
HILLTOP MERCH.
SALEM, OREGON
CLEAR LAKE STORE
KEITH BROWN LUMBER CO.
MARSHALL-WELLS STORES
BRAMBLE HDW., 362 State Street
WALLACE HDW., 2056 No. Capitol
THE LINCOLN STORE
MARSHALL-WELLS STORES
Sheridan, Oregon
MARSHALL-WELLS STORES
Sllverton, Oregon
MARSHALL-WELLS STORES
Stayton, Oregon
MARSHALL-WELLS STORES
West Salem Hardware
MARSHALL-WELLS STORES
Woodburn, Oregon