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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (Oct. 6, 1960)
THURSDAY, OCTOBER 8, 1960 MEDFORD MAIL TRIBUNE, MEDFOHD. ORE. A 7 Court Renders Written Version Of Filing Date Rule - Salem - IUPD - The Oregon Supreme Court said Wednes day that a filing for office on the 70th day before the elec tion is within the legal dead line for such filing, even though the 70th day is only part of a day. The decision was the writ ten version of the court's rul ing last month that Elmo ipmith was on time in submit ting his U.S. Senate candidate jnaterial for the voter's ;:pamphlet. i ' Secretary, of State Howell 'Appling Jr., on the advice of : Attorney General F.obert Y. Thornton, had refused to ac cept it last Aug. 30 contending it was too late. Differ on Deadline Both Smith and Appling agreed that Aug. 3 was the 70th day before the election, which is Nov. 8. Smith ar gued that his filing on the 70th day complied with the law but Appling said 70 full days had to intervene, and, in effect, that the deadline was Aug. 29. The " decision, ' written by Justice -Harold Warner, said "If the first, or initial day (election day), is excluded and the last day is included, it is found that the filing attempt ed by Smith was tendered on the 70th day before the elec tion, or, in the statutory words, 'not less than 70 days before the election' and there-, fore in time." Justice Alfred T. Goodwin filed a dissenting opinion and Justices Gordon. Sloan and Keith O'Connell concurred. They held that 70 full days must intervene between the day of filing and election day. The court reversed a Mult nomah county probate court order which held that no in heritance tax "was payable on a trust set up under the will of the late Hopkin Jenkins. Jenkins' will established a trust of more than $800,000 to be used for advanced edu cation of qualified boys and girls. The trustees said this bequest 'was a charitable one and therefore exempt from in heritance tax. Unander Filed Suit . , ' Sig Unander, then the state treasurer, filed suit demand ing payment of taxes amount ing to more than $200,000. He contended the exemption ap plies only to legacies for edu cational uses within the state and said the trust did not - specify this. , Other decisions: Fred Broders, Claudia Buo ders Hartung, administratrix and appellant vs. Sig Unan der; appeal from Lane coun ty; opinion by Justice William Perry; Judge Alfred T. Good win affirmed; decree of the Lane county probate court fixing inheritance tax on an estate affirmed. Guy Crewse, appelant vs. Walter R. Munroe; appeal from Multnomah county; opinion by Justice William Perry; Judge Alfred T. Sul monetti affirmed; negligence action against a doctor for malpractice, non-suit favoring the doctor amrmea. Constance Bickham vs. John F. Reynolds, appellant; appeal from Multnomah coun ty; opinion by Justice Pro Te'm Dal King; Judge Alfred T. Sulmonetti reversed; re versal of a $5,000 judgment by a tenant against ner una lord for a fall on some steps. l.n. ADoeal Affirmed ArvidTS. Maki vs. Orvo A. Niknla. et al. appellants ap peal from Clatsop , county; opinion by Justice Pro Tem Dal King; Judge Howard K. 7immprman affirmed; action for unpaid rent due under a lease, $1,480 judgment af firmed. Nelson J. Miller vs. N. Jim Whitaker, appelant; appeal from Lane county, opinion by Justice Gordon Sloan;- Judge Frank B. Reid affirmed; ac tion by a contract holder to recover a balance due on a purchase contract of a tavern, new trial ordered. Freda Olson, appellant vs. Maurice Sutherland; appeal from Multnomah county; opinion by Chief Justice Wil liam McAllister; Judge James Bain reversed; reversal of a verdict and judgment for the defendant in a car collision case, remanded for new trial. Estate of Mabel F. Lewis, Edna Alread, appellant vs. R. W. Rickman, executor and Shriners Hospital for Crip pled Children; appeal from Clackamas county; opinion by Justice Pro Tem E. H. Howell; Judge Val D. Sloper affirmed; decree that Edna Alread is not an heir of Mabel F. Lewis affirmed. George Storms, appellant, vs. Sheriff Francis Lambert; appeal from Multnomah coun ty; opinion by Justice Gordon Sloan; Judge James W. Craw ford Jr. affirmed; denial of a writ of habeas corpus for the appellant affirmed after an arrest for extradition to Idaho. . - Hazel Gillespie vs. Patrick E. Murphy, appellant; appeal from Multnomah county; opinion by Justice Gordon Sloan; Judge Alfred T. Sul monetti affirmed; $2,500 judg ment recovered by Gillespie in a car accident in Portland affirmed. SOC Speech Clinic Opens on Campus Ashland-Facilities of the CO operative speech and hearing center at - Southern Oregon college resumed its remedial nrnprnm this week on the col lege campus, and is scheduled for use by 29 children wim disorders of articulation. vnipp. lanffuace. and speech rhythms, according to Leon Mulling, director of tne cen- Dna function of the clinic Is! to provide free advisory service to parents ana teacn- ers wno nave cnuaren wno are not talking correctly. Those with problems which merit regular practice periods each week come to the campus for speech work with student clinicians or Dr. Mulling. "Although we attempt to attack each speech problem in a systematic and scienimc manner, it is' our endeavor to make speech lessons so pleas ant for the children that they Hn not realize that their speech is being worked over. It has been . our experience that children learn speech best when they are enjoying themselves and wnen uwe direct attention is being call ed to -them or to their prob lem," Mulling said. Parents or teachers who oHcv, hpln for their children may call the speech center at MUrdock 2-4611. For sys tems in which a speech pro- is nneratins in tne schools, the campus service is not provided, except for cnu dren who are not yet attend ing school. RETURN PILOT'S BODY Amman Jordan - (CPU - Jor dan returned the body of a United Arab Republic flgnter ,iint tn il.A.R. authorities Wednesday but the Syrian press rejected Jordan's state- hat Via rnmmittcd sui cide after asking political asy lum. THE DEMOCRATIC PARTY of Jackson County announces a Candidates Ball in the beautiful new CAESAR HALL MARK ANTONY HOTEL Ashland, Oregon Saturday, Oct. 8th 9 p.m. 1 rn. 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