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. (UP Telephoto)
Free Estimates on
Custom Made
SALEM
VENETIAN BLINDS
CAPITAL SHADE and
DRAPERY SHOP
560 S. list St, Ph. 4-185S
BEGONIAS
Large Tubers All Colors
2iac!i
PsrDoi.
W Ka s Complete Selection f Trees, Shrubs,
Rotes and Evergreens, Abo Hew Crop
Vegetable and Flower Seeds
Salem's One Stop Garden Center
BRYDOM'S
415 S. High St., Salem Phone 4-5678
Amp! Free Parking -.
Today," which follow- automobile from the drawing
iss s a ssooeKHostrd sage, t, - v :
. 1 i , - '
ally's make a special pyrcliase
a famous '.BKumf adpeir's
OPEN
FRIDAY
NIGHTS
UNTIL
What Are Sample Coats?
Sample coats are those painstakingly made four to
six months in advance of a new season, it is these
coots from which merchants and buyers moke their
selections and place their orders. When salesmen and
representatives turn their orders in to the home of
fice, the manufacturer is obie to determine how many
coats -of each style ond color he must moke. Once he
is in production, the samples have served their pur
pose, ond ore offered for sote ot reduced prices.
Why Do Sally's Buy Samples?
Sally's buyers believes that a manufacturer will offer
only the ultimate of hss craftsmanship as s somple
from which he expects to procure orders.. These sam
ples, made long before the rush of the season , ,
before the possible substitution of fabrics ond colon
are the finest your money can buy. We bought these
wonderful samples ot tedtjeed prices ond these tre
mendous savings ore passed on to you ... our customers!
SHOffflE J
smts
Mode to Sell Fo, 49.95
SiutJ
Mode to Sett For 69.95
Values ,o79.95,"-v
VOODil CLOTH
fUECtt t0 NAVY
SUEDE CLOTH GRY
OTHER FWE WMKS
t 1
4
fs:
i .4 vt? m
7
1
Tok 90 Dayi fa Pay
Tfc Ey Ullf Way
km
V
, Sally's Alert Buying Saves You Money!
COURT and LIBERTY
-1