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; $2,500 judg
ment recovered by Gillespie
in a car accident in Portland
affirmed.
SOC Speech Clinic
Opens on Campus
Ashland-Facilities of the CO
operative speech and hearing
center at - Southern Oregon
college resumed its remedial
nrnprnm this week on the col
lege campus, and is scheduled
for use by 29 children wim
disorders of articulation.
vnipp. lanffuace. and speech
rhythms, according to Leon
Mulling, director of tne cen-
Dna function of the clinic
Is! to provide free advisory
service to parents ana teacn-
ers wno nave cnuaren wno
are not talking correctly.
Those with problems which
merit regular practice periods
each week come to the campus
for speech work with student
clinicians or Dr. Mulling.
"Although we attempt to
attack each speech problem in
a systematic and scienimc
manner, it is' our endeavor to
make speech lessons so pleas
ant for the children that they
Hn not realize that their
speech is being worked over.
It has been . our experience
that children learn speech
best when they are enjoying
themselves and wnen uwe
direct attention is being call
ed to -them or to their prob
lem," Mulling said.
Parents or teachers who
oHcv, hpln for their children
may call the speech center
at MUrdock 2-4611. For sys
tems in which a speech pro-
is nneratins in tne
schools, the campus service is
not provided, except for cnu
dren who are not yet attend
ing school.
RETURN PILOT'S BODY
Amman Jordan - (CPU - Jor
dan returned the body of a
United Arab Republic flgnter
,iint tn il.A.R. authorities
Wednesday but the Syrian
press rejected Jordan's state-
hat Via rnmmittcd sui
cide after asking political asy
lum.
THE DEMOCRATIC PARTY
of Jackson County
announces a
Candidates Ball
in the beautiful new
CAESAR HALL
MARK ANTONY HOTEL
Ashland, Oregon
Saturday, Oct. 8th
9 p.m. 1 rn.
MUSIC BY TRICK'S TUNESMITHS
Admission -$S per eotjle
Tickets Now on Sale at Democratic
Headquarters, Medford, and the
Mark Antony Hotel, Ashland
CALL SP 3-4777 for Reservations
I 50th I
1 c4iiniverary. 1
Qolden 0
pportuni
save 13 . '
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