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About Capital journal. (Salem, Or.) 1919-1980 | View Entire Issue (April 16, 1957)
Salem, Oregon, Tuesday, April 16, 1957 THE CAPITAL JOURNAL' Section 1 Page S Douglas GOPs Move to Upset Naming of DA ROSEBURG un -Miffed Repub licans are preparing to chaUenge Avery Thompson's right to suc ceed as Douglas County district attorney May 1. Thompson, a Democrat, was appointed by Gov. Robert D. Holmes Friday to succeed Repub lican Robert M. Stults, who an nounced last week that he is re signing on April 30. The appointment was based on Atty. Gen. Robert Y. Thornton's opinion that a Democrat could succeed Stults because Stults had received the wrile-in Democratic nomination for the office in Jse primary elections last May. He was listed on the general election ballot in November as "Republi can:Democrat." James G. Richmond, Douglas Republican chairman and a Rose burg attorney, said he is prepar ing a writ of Quo Warranto for filing in circuit court here. The term means literally: "By what right do you claim office?" He said it would be served on Thompson on the day he's to take office. , Normally, the appointee to a vacant office would be of the same political party as the man who resigned. State law says that appointees shall be "affiliated, as determined by the appropriate entry on his official election card, with the same political party as that by which the elected prede cessor in such office was desig nated on the election ballot." Therein lies the argument. Richmond claimed that Stults was elected as a Republican. But Thornton's opinion took note that Stults carried a secondary Demo cratic tag with his name on the general election ballot. Richmond said the governor had appointed Thompson- "on the basis of 175 Democrats who voted for Stults" in the May primary. He criticized the governor's choosing, saying: "I think it an other example of the present administration's policy of grab bing all powers and positions that it can without regard to the wishes of the people." Didn't Violate Law's Intent, Holmes Says Gov, Holmes said Monday he didn't "actually violate the intent of the law" when he appointed a Democrat to succeed Republican Dist. Atty. Robert M. Stults of Douglas County. He said that he has an opinion from Atty. Gen. Robert Y. Thorn ton that his appointment of Avery Thompson was legal. The law says that the successor must be of the same party as the man leaving office. Since Stults had nominations (rem both parties when he ran last year, Thornton ruled it would be legal to appoint a Democrat. Holmes said Thornton's opinion means that the intent of the law was that the Governor could do just what he did. Jury to View Killing Scene EUGENE Wl The circuit court jury hearing the first degree mur der trial of Albert L. Wachsmuth, 65, Tuesday was to view the Wachsmuth suburban home where a state policeman was killed in a gun battle. Wachsmuth, who is accused of killing patrolman Charles San ders, pleaded innocent by reason of temporary insanity. Selection of the nine women and three men for the jury was com pleted late Monday and Circuit Judge William Fort announced plans then for the jurors to. see the Wachsmuth home. He said it would make it easier for them to understand the later testimony. Not one of the 42 prospective jurors quizzed Monday was asked about his feelings about capital punishment. One woman, Mrs. Caroline Clausen of Springfield, volunteered the information that She is against such punishment but she was seated as a juror without challenge. John Day Money Fixed as Goal by Ore. Demo Solons WASHINGTON W Getting funds to begin construction of John Day Dam on the Columbia was described Monday as a "ma jor goal" of Oregon's five-member Democratic congressional del egation this session. The delegation's weekly break fast meeting was presided over by Sen. Ncubergcr. He reported ail agreed the "diversion of so called partnership with the pri vate power companies" had re sulted in a loss of three "precious" years at John Day. OSC to Name Student Officers Wednesday CORVALLIS OH Oregon State College students will choose be tween Charles Dunn of Portland and James Hudec of Salem for president of. the student body in an election Wednesday. Opposed for first vice president are Gordon Roselund of Roseburg' and Tom Pickens of Salem. Candidates for second vice pres ident are .Mary McGraw and Jan et Nelson, both of Portland. Sixty-o centenarians in the United States are now receiving Social Security gayments. ihep Men. & Fri., 9:30 'til 9 p, m othar days 9:30 'til 5:30 ' 's -J JA fit' ' nylon'taffeta and net in colorful bouffant beauties 595 Three layers of net caught with floral bouquet over crisp taffeta skirt in contrasting color.. Tricot torso. White and pink with cerise net; white and blue with copen net; white and pink with lilac net. 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