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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (May 2, 1963)
Oregon Supreme Court Decisions MEPFORD MAIL TRIBUNE, MEDFORD. ORE-SON THURSDAY, MAY t. lUi Salem-OTB-Tlie Oregon Su preme Court ruled Wednes day that a log trucker injur ed while unloading logs must cek remedy under the work man's compensation act, not outside it. The high court said trucker Jimmie A. Childers Inched grounds for bringing inde pendent action against the Schaccher Lumber Co. The decision affirmed Judge Edward Leavy in an appeal from Lane county. Childers was hit while un loading logs at the company's log pond. He had been as sisted in the operation by em ployees of the company. Childers contended he was engaged in. a pick up and de livery operation that would give him grounds for bring ing third party action. The Supreme Court agreed with the trial court that both parties were engaged in a corn common enterprise requiring Joint efforts. It said the ordi nary meaning of pick up and delivery cannot be extended to operations such as loading or unloading logs. In an appeal from Clacka mas county involving an auto collision, the high court up held a verdict in favor of Lonnie Logsden and Wayne Kenhus. They had been making- a left turn in Oregon City when their car collided with one diven by Kenneth Bostwick. The Supreme Court affirm ed the Jury verdict in favor of Logsden and Kenhus. Space Project Said Six Months Behind Washington -WK- The boss nf this country's manned space program laid Wednesday the Gemini Project for putting two men into orbit together has fallen behind 1 by six months or so. But the official, Brainerd Holmes, rejected a congress man's contention this put the United States two years be hind Russia in the race to the moon. He said this country ac tually may be ahead. Holmes was questioned by a House space subcommittee about newspaper reports that new difficulties with the Gem ini capsule and the Titan II launcher have pushed back until mid-1865 the target date for the launching. Bar Offers Most Opposition To Constitutional Revision B 9 Editor's notei The Ksk is scheduled to aire Its ver dict Monday en i proposed new constitution to replace the present 105- year -old one. Fourth in a series. By ANN H. PEARSON United Press International Salem - (ITD - When the Commission on Constitutional Revision completed its draft of a proposed new state con stitution last year, the earliest and strongest opposition came from the State Bar. Some of the sharpest changes suggested occurred in the article dealing with the judicial branch. The bar ob jected to many of the changes. The document was present ed to the legislature when it convened in January. For three and one half months, the House and Senate committees on constitutional revision have worked it over. Both the commission and the committee agree that a new constitution must be a liaison between Oregon's first century and her next, a blend Rogue River Youth May Appear in Court Here A 15-ycar-oId Rogue River youth may appear in Jackson county juvenile court Friday on charges of attempted rape involving assault, according to Lawrence Tweedy, Juvenile department director. Victim was an 18-year-old Rogue River girl who was threatened with a switch blade knife and struck on the head with a rock several times at middle Savage creek, one fourth of a mile south of the Rogue River highway Saturday, according to re ports '. of the past and the future One of the major decisions of the legislative committees has been to leave the judicial branch much the way ' it is now. There were nine lawyers on the 18 - member commission, three of them judges. There were 10 attorneys among the 18 members of the two legis lative committees. The commission suggested appointment of judges, who later would face the voters only on their own records, not apiainst other candidates. It called for the Supreme Court to have the power to make rules for all state courts. It called for legal qualifications and non-partisanship for judges. It called for a advisory state law com mission. It suggested giving the legislature power to re vise grand jury procedure. And it said the Supreme Court should be authorized to review the substance of laws as well as legal procedures in determining constitutionality. The legislative committees discarded most of this. They decided: -Most judgeship vacancies occur in midterm through resignation or death. Those now are filled by appoint ment. The legislative commit tees decided to keep it this way. End of term vacancies will initially be filled by ap pointment, but the appointee will have to stand for elec tion, and face an opponent if there is one, within three years. -The legislature would con tinue to -make procedural rules for courts. -Judges would be non-par tisan. They would have to be members of the bar. -The advisory law commis sion was deleted. ' -Traditional powers of grand juries would be re retained. -Substantive due process was deleted. The decisions of the legisla tive committees in large measure reflected the feeling of the bar. The committees have agreed with the commission that a new constitution must deal boldly with the outdated if it is to stand up over the years. The committees have tried to balance boldness and ac ceptability. The judicial branch is one of many areas where they decided the es sential features of the present system are working well and should, for the most part, be retained. Get the picture? 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