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About Capital journal. (Salem, Or.) 1919-1980 | View Entire Issue (Feb. 25, 1954)
Thursday, February 25, 1954 THE CAPITAL JOURNAL, Salem, Oregon Judges Quiz Attorneys in Reapportionment Case Members of Oregon' Supreme j Court took s sharp look at times Wednesday with arguments of those who would wipe out the state's new legislative reappor tioning. The new procedure is In a con stitutional amendment which the people passed in 1952. A. S. Grant, Baker, attorney for State Rep. David Baum, La Grande, who filed the suit against the amendment, was subjected to barrage of questions after Grant said that "if this court allows the people to vote on measures they don't understand, the state govern ment can't help but fall." The case was heard by the Su preme Court on appeal from Cir cuit Judge Rex Kimmell, Salem, who ruled the amendment is valid. The high court is expected to have a quick decision, because the dead line for filing candidacies in the May 21 primary election is only 16 days away. Grant said that the measure, which gives the state its first re apportionment of the Legislature since 1910, wasn't understood by the people. "I didn't know myself," Grant said, "that the amendment pro vides that if the Legislature does not reapportion itself after each federal census, that the secretary of state should do it. I admit that I didn't read the measure before I voted." Justice Hall S. Lusk interrupted to suggest that Grant should have read the title on the ballot, which mentioned the secretary of state's role. Chief Justice Earl C. Latourette pointed out that the ballot title also mentioned that the Supreme Court should reapportion if the secretary of state doesn't Grant had said the people didn't know that the court had any part in it. The chief justice finally asked Grant if it isn't true that the peo ple could adopt any form of state government, as long as it doesn't conflict with the U. S. Constitution. Grant said he agreed with the chief justice. That appeared to narrow the argument down to Baum's contention that the 1952 amendment violates the principle of separation of the executive, legislative and judicial depart ments. Justices Jame T. Brand inter rupted with a question as to what evidence Grant has that the people didn't know what was in the amendment. Brand added "we al ready have the testimony of one witness (Grant) that he didn't know what he was voting for. Grant then said he had no such tvidence. " Grant also argued that he's be ing deprived of his right to vote for a state senator this year. He's moved into a district that has a holdover senator. The packed courtroom enjoyed the constant stream of questions that the court tossed at the law yers. Baum's other attorney, George T. Cochran, La Grande, argued that the amendment violates the state Constitution because no act can contain more than one sub ject. However, several court mem bers challenged this, claiming that a constitutional amendment is not an act. Atty. Gen. Robert Y. Thornton ,,.,.) thai lhi amendment docs have only one subject reap-1 portionmem. As to Cochran's argument that the amendment unlawfully gives non-judicial duties to the Supreme Court and legislative duties to the . t titA Thm-ntnn ritwt ftl'tll-ldl vi a,iv, . , several instances wncrc wui du ties have been transferred. Thornton said the people have the sovereign right to alter their government. When Grant said that the Legis lature ould lose its right to re nnrtPt;An iieoir fhipf Justice La tourette countered that the Legis-j lature still wouifl nave me ngm. i He said the secretary ot staie ana Supreme Court would step in only If the Legislature didn't do its duty. Past Commanders Will Be Honored ciT.vFnTnw Rnv Daven- chairman of the mnifflnuint nmmittp for the annaul past commanders' night! to be observed Monday evening, Xfarnh 52 hv the Delbert Reeves post No. 7, American Legion, at the Monday evening meeting t Legion hall. Ronald Reed, local commander, prcsiaea. TKa 9 inmmnndors observ ance is to stimulate interest in the history of the American lc a an nrfantratinn. iAmhnri nf thp nnst iotned the auxiliary members in their club room for the Americanism .-j vntinnal fiArnrltv nrnffr&m. BIIU nnnv "J i o with Mrs. Larry Carpenter and Mrs. Robert Allen, unit cnair- in chars', nresentinB five young folk from Victor Point ni.Ani In nafrinfit nrnsram. A reported membership of 172 is more than 35 under the as mints for this vcar. A gift from Vic David, a recording arrangement, was accepiea, ina will be used for program music tn,t anaoial itanrM. ttAn,-trtfl wr riven of the re sults of the District No. 2 con tuiM t silverton when Governor Paul Patterson was the speaker, and also of the Mill uty mAAfinct nf mpmberi of the Marion county council and as sembly. Ancient Snarta discouraged business transactions by issuing heavy, clumsy, iron coins. E. G. Foxley, assistant attorney general who was Thornton's part ner in tile argument, also bad a bad time. While he was talking about his conceptions of govern ment and constitutional law. Chief Justice Latourette. stopped him four times to ask that Foxley dis cuss the issue at hand. Thornton argued that the federal courts have refused to consider cases on legislative redisricting. "The very essence of the repre sentative form of government is resting the power in the people," Thornton argued. "The old system was the very antithesis of the representative form of government, because the people were not represented ac cording to their numbers. The ap pellant (Baum) is acting in oppo sition to the representative form of government. - Two other lawyers spoke for the amendment. John C. Beatty, Portland, de clared "the naked question here is whether the people are sover eign." - Douglas R. Spencer, Eugene, de nied Baum's claim that the act is hard to administer. IN THE MIDDLE UUB3 -' ' Englewood Tops In Flag Contest Participating la the annua! flag code contest sponsored by Ameri can Legion auxiliary units during the month of February were 23 Salem schools from which there were 72S entries. The Americanism committee, Capital unit No. 9, headed by chairman Mrs. Carmalite Weddle, selected as the winning school with a registration of - over 50 pu pils the Englewood school. Two other schools in this class receiv ing honorable mention were Bush and McKasley. Winning school in the second, group registration of less than SO I was Mountain View. Receiving honorable mention were Middle-! Grove and Lincoln. . j Mrs. T. J. Brabec, president of She unit, with Mrs. Mem Pearce secretary and Mrs. Fred Gahls- dorf, presented Bags to the win ning schools were appropriate pro grams had bees prepares or vat Induct New Members At Dinner Meeting West Salem Lions club Induct ed 13 new members at the din ner meeting of the organization row Meets held at the Golden Fheasast We3-ie$ if, sesday sight Welcomes Into Ins ei by the president, Glenn Wyati were Br. Felix Biiger, Lester Honey, Gale Merwia, Clarence Panther, Besa W. Tscker, James W, York, Rob ert Harmas, S. H. Kellicst, Son aid Nichols, Stanley Eolfness, Robert ' Worral, Deb Roseberry, Barnes Rogers and - Glenn Scherick. : Shown the group during the evening was a color film "Tomor- Brig. Gen. Ralph W. Zwick er, commanding general of Camp -Kilmer, N.J., shown leaving bis headquarters, is the central figure in the bitter row between Senator Joseph Mc Carthy and Army Secy. Rob ert T. Stevens. 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