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.
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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.
In these provisions the consti
t u t i o n a 1 Revision Commission
made use of recommendations
made by the 1959 Legislative In
terim Committee on Judicial Ad
ministration, among other mod-
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OREGON STATE UNIVERSITY
-Robert C. Bealtie and Hobert
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enrolled in a special three . dav
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urcRon Mate Board of Health,
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