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About Herald and news. (Klamath Falls, Or.) 1942-current | View Entire Issue (March 29, 1963)
PAGE I HI RAID AND NlWt, Klimilk fllli. Or. Friday, March 39, 1963 "DENNIS THE MENACE' Judicial Department Clauses Revised In New Constitution and submit them to the lcgisla- ern studies of Rood- judicial sys- Uregons experience u.e oj ture A rule would go into eWt terns. The result is a judicial ar- present Ps for a mod on y Mt had not been rejected ticle consistent w ith the aim 0 the state gove nmen by legislative resolution, and tin; revised Constitution to adapt to (Next: The Bill of R.gliU.) J havw saws scwe jeuy off aw bedrxw ceiling. Service News Joseph II. Beaver, son of Mr. and .Mrs. Joe A. Beaver, 1842 Sujiimers Lane, recently finished bajif training at Fort Ord, Calif., ami-is atlenduifi Army Armor School at Kort Knox, Ky. Private Beaver is a 1W12 grad uate of Klamath Union High School. He joined the Army in November. James K. Edson III joined the Marines recently, according to S.Sgt. Kobert Venkheimcr, local Marine recruiter. Edson is at San Diego taking recruit training and after 16 weeks of training he will have a 20-day leave before assignment to Ksopl or permanent duty, Edson is the son of Chief War rant' Officer and Mrs. James R. Edson Jr., Falcon Heights. Ed son attended Henley High School before entering the Marines. A.l.C. Donald R. Collins of Gil christ has graduated from the B32nd Air Division Noncommis sioned Officer Preparatory School at McCoy Air Force Base, Florida. The airman was trained in the duties and responsibilities of non commissioned officers. The courso included study in organi zation, management, leadership, military justice, security and hu map relations. Airman Collins Is a C-47 flight mechanic in the 10471 li Organiza tibial Maintenance Squadron. Jlie airman, who attended Oak rijlge High School, is the son of Mr. and Mrs. Otis A. Collins, Gil christ. Guard Opens Recruit Push Jnie National Guard, both Army a lid: Air, has launched an all-out rocriiilinR drive, Mai. Gen. Don atd IV. McGownn, chief of the Na tional Guard Bureau, announced recently. Calling last year's Berlin mo bilization "the most successful in National Guard history," General McGowan stated that Uic Guard now occupies a position of great er importance In the defense pos ture of this nation than ever be fore. Consequently, he said, it is vital that the Guard's strength Iw maintained at its maximum au thorized level. Dubbed "Operation Big Push,' this recruiting drive has been de scribed by Guard officials as an effort requiring every Guardsman to no his best to help the cam paign along. mo Army aaimnal Guard is aiming at lour men per unit per monlh for each of ils 4.IUH units during the next lour months, while the Air National Guard's goal is two men per unit per month for rat h of its some Tiki units through Juno '. Marine Pvt. Robert H. Cole, son of Mr, and Mrs. Edward Cole of Chiloquin, is assigned to Die Third Marine Air Wing, a Pacific Marine unit which participated in a major amphibious exercise held off the coast of Southern Califor nia, March 2 through 10. More than 40 ships of the Pa cific Fleet and an estimated 24, 000 Marines took part in the ex ercise. It was designed to provide training in anti-submarine opera tions, amphibious landings, re plenishment at sea, mine war fare, aerial, surface and sub-sur face reconnaissance and Marine operations ashore. 0 N ' '', ) !7 J JOSEPH R. BEAVER Asahel II. Weaver, equipment operator first class, USN. son of Mrs. Clara M. Weaver of 212!) Hope Street, and Floyd R. Booth, utiliticsman second class, USN, son of Mr, and Mrs. James C. Booth of I IK I Wiard Street, arc undergoing two weeks active duly training with Reserve Mobile Construction Battalion Two at Port Ilueneme, Calif. The men participating arc at tached to Construction Battalion Reserve Training Divisions located at the San Francisco Naval Ship yard, Measure Island, .Mamcoa, San Jose, Vallejo, Santa Cruz and San Mateo. The professional comlial and construction training period be gan Feb. 17. "A NKW CONSTITUTION FOR OREGON" (This is the tixth in a series of articles about the reviked Constitution proposed by the Orcfjoo Constitutional Revision Commission. The articles were written by Hans A. I.inde, pro fessor nf constitutional law at the University of Oregon and a member of the Commission.) Among the oddities which over the past century have crept into the Oregon Constitution, a reader will find two Articles numbered VII both of them dealing with the "Judicial Department." When Article VII (Amended! was adopt ed by initiative amendment in I'JIO, it provided that the courts, except as changed by the amend ment, should "remain as at pres ent constituted until otherwise provided by law." As a result, the repeal or continued force of Uic old provisions was oddly left to subsequent statutes, and Article VII (Original I is still printed as part of the Oregon Constitution. The Constitutional Revision Commission drafted a new article on the Judiciary Article VI of the revised Constitution. In this task the experience of Supreme Court Justices K. J. O'Connell and A. T. Goodwin, Circuit Judge II. M. Schwab, and the six other lawyer members of the Commission was of great value. It is natural to think the judicial article as the "lawyers' article" in the Consti tution, and the Oregon State Bar has in (act concentrated its atten tion on Article VI. But law and the courts exist for the commu nity at large, not only for those directly concerned with litigation. Law administration is too im portant to he left to lawyers alone; it is important to every one. The provisions of greatest in terest in the revised judicial arti cle concern the qualifications and selection of judges, and the pow er of the Oregon Supreme Court to administer and make rules for the stale courts. JUDICIAL SELECTION The present Oregon Constitution contains no requirement that judges have any prior legal train ing. Lavmcn may ana do pcriorm judicial functions. The revised Constitution would assure that ju dicial aDDointments be made from persons licensed to prac tice law. It also adds an explicit new provision that the judiciary shall be non-partisan. All state judicial appointments would be made by the governor originally. This is in fact true now in more than !K) per cent o( all cases. Only rarely is a va cancy on a court filled by election in the first instance. After con sidering the record in other states whore judgeships arc regularly filled by political elections, the Constitutional Revision Commis sion concluded that Oregon s ex perience with gubernatorial ap pointment ol judges was gooa ami should be made the rule in the re vised Constitution. More controversial was the de cision of the Commission that at the end of his six-year term, a judge should run "on his record." His name would appear on the ballot with the question: "Shall Judge 'name ' be retained?" At present, judicial elections are theoretically contested be tween competing candidates. In practice, such contests are very rare, and the voters are in cllect deprived of their right to vote on retaining a judge unless some lawyer decides to run against the incumbent. The Commission de cided that this right of popular re view should not be left to the initiative of bar associations or ambitious individuals, nor is the performance of judicial office an appropriate subject for an elec tion campaign between competing aspirants. Together, gubernatorial appoint ment of judges and ballot review "on the record" are the key fea tures of judicial selection recom mended, with different modifica tions, by the American Bar As sociation and other groups that have long worked for judicial reform. In various forms, they arc used in California, Missouri, New Jersey, Alaska and several other states. The Oregon State Bar supports initial appointment of judges by the governor, but the Bar prefers leaving their re-election to contests in which another candidate challenges the incumbent. (All these provisions of the ju ducial article refer only to state courts. Municipal courts would be governed by statutory provi sions.) COURT RULES Another issue on which the le gal profession has been divided is the provision for making rules of judicia procedure. In federal Court Okays Conviction SALEM (LTD - The Oregon Supreme Court ruled Thursday that a log trucker injured while going to work could not collect benefits even though he was driv ing his own truck as part of his working equipment. The decision upheld the State Industrial Accident Commission. It reversed Linn County Judge Wendell Tompkins. The log trucker, Thomas Phil pott, had argued that he was ex empt from the established rule that benefits cannot be collected for injuries incurred while going to or from work. law, this power has been given to the United States Supreme Court. Lawyers who do not like the fed eral rules of procedure therefore fear giving the Oregon Supreme Court similar rule-making power. Vet it is widely recognized that the task of keeping court proce dures rational, effective and up-to-date cannot be expected and from piecemeal laws urged on a preoccupied legislature to meet particular problems. The revised Constitution pro- iioses to meet both objectives by dividing the power between the Supreme Court and the legisla ture. The Supreme Court would propose rules of court procedure legislature could provide other rules by statute. A State Law Commission could also be established by statute to advise the governor on judicial selection, the Supreme Court on rules of procedure, and to give systematic study to needed changes in substantive law. 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