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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f I I STAINLESS STEEL
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Zipper Front
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WHITE or NAVY BLUE
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WHILE THEY LAST
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LAWN SPRINKLERS whhww 99c a.
UMID CDDAV "-.r,..
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LAMP SHADE AM Color, .nd Sli... Double Sumpi.J From 490 lO $3.49
SO EXTRA STAMPS WITH PURCHASI OF SPORTSMAN RAY.0-VAC LANTERN
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Complete Sewing and Sewing Notion Department to Help the Lady Who
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