PAQE SIX
DAILY CAPITAL JOTTENAL, SALEM, OREGON, SATURDAY, DECEMBER 20, 1913.
WRT AND IT
rtiE
OREGON S
PilFfflF f
S MEMBERS
ITS EARLIEST
AND A BRIE
The Oregon Supreme Court as at f From the little handful of 102 per
present constituted consists of seven song, who at Chanipoog in May, 1843,
justices with Hon. Thomas A. McBride,
chief justice. . Up to last winter the
number of justices was five, but the
growth of population, and consequent
increase in legal work had caused the
court to got behind, and the legislature
to remedy this, very wisely increased
the number of justices to seven. The
result has been eminently satisfactory
in every way, and the court now has
its work woll in hand and the weari
some delays that had steadily gTOwn
longer, are a thing of the past, and
litigants can now got quick action on
all appealed cases, though the work of
the court Is still growing rapidly.
In this connection & brief resume of
the supreme court from its inception
nrny prove interesting. "The History
of the Bench and Bar," published by
the Historical Publishing Company, of
' Portland, givos the following brief but
thorough history of the court.
The rocord shows that "February IS,
1841, J. L. Biibcock was unanimously
chosen supremo judge of Oregon with
probate owers, and was instructed to
Ret in fsreordnnoo with the code and
laws of the state of Now York until a
code should bo adopted in Oregon."
Ho was probably tho first man to oc
cupy the position.
At Chanipoog, May 2, 184.1, W. K
'Wilson wns chosen supreme judge with
probate powers "for tlio purpose of
taking steps to orgnnizo a civil com
munity and provide laws."
In the code and primary constitution tion to more than mention them, for
submitted to tho legislature on July 6, a brief resume of the court such as
1843, it was provided that "the su- this must necessarily be, cannot do jus
promo court should consist of a su-jtice to them, nor is the writer familiar
promo judge and two justices of tho enough with their history to oven ut
peace, with appellate And original jur-j tempt to write of their work, It is
isdiction." I
August 0, 1845, Nathaniel Ford, of to do, anil it is with considerable hos
Yamhill county, was elected a supreme Huncy and much trepidation wo von
judge but declined to serve, and Hon. jturo oven a brief sketch of these, for
P. II, llumett was elected by the logis-'it would take an abler pen, anil a much
laturo to serve four years. better informed mind, at least on legal
Hon. .1. Quinn Thornton took of f ico ( matters, to write of them as justices
February 11, 1847, and November 13 of the supremo court, than wo can
the same ycfir Columbus Lancaster 'claim.
succeeded him. Hon. A. L. Lovojoy With apologies to the court in nil-
was elected In February, 1S4!, and tho
records, incomplete, show W. P, Bry-
ant and Thomas Nelson, who had been
appointed supremo court judges, and
who reached Oregon in 1849, wore suc
cessors to Judge Lovojoy.
Tho first chief justice of the terri
tory of Oregon was Judge William P
iiryant, 1N4U-I8.it).
Tho second was Thomas Nelson, 18.10- I
18.13. Tho third was George II. Wil
liams, 185.1.18.-11).
The first chief justice of the state
was Aaron E. Wait, 18".S02. From
1UH1 I,. IKlVI ii.i.l ii.ml.i I'r.,,,. WIN In
,.,. ,, , ,, ,, , . .
t ., . ... .. . . .
Judge Paige Prim was chief justice for
three terms between 8M) nnd 1880,
and Erasmus I). Shiittnck was chief
justice from lHllll to 1 SUM. Then came
W. W. I'plini, II. F. lluiiham, James K.
Kelley with two years cadi in the posi
tion, nnd they were followed by Wil
liam Paine Lord for three terms be
tween 1880 nud 1804.
John ltroekeuridge Waldo was the
sixteenth supreme judge from I.HS4 to
1886, and William Wallace Thayer
from that date until lsjii). Then came
H. H. Htrnhnii for two years and Rob
ert 8, Mean for four. Frank A. Moore
filled the place from 181MI to 1902 and
again from 11)08 until 1911. He was
succeeded by the present incumbent,
Chief Justice Mcllride.
During tho long formative stage of
tho stale a it emerged from the shad
ows under which the first primitive)
government was bom, the supreme
court hud much arduous work, and
many difficulties and unique problems
to solve, More perhaps tluiu ever fell
to the lot of any court, for the strange
conditions which surrounded the young
rommouwonlth were different from
those any other of the states faced,
and there were problems peculiar to
the, conditions. The old donation ! gnu the practice of his profession at
land laws, and individual ownership of : Lafayette in the same year. He re
claims by husband and wife caused .moved to St. Helens in 1872, and prae
many odd question to bob up, The'ticed there until 1877, when he moved
sometimes double and always doubtful, to Suit take, lie married February 7.
governments, left the resident uncer
tain whether they were subject of the
British government or citizens of the
'American republic, mndo many tangle
In title that the supremo court had to j
straighten out, and with these were
other tangle Incident to the first, and
these pOon had both end of the
thread in the middle and the middle
loot.
With infinite patience and prcscr
verance ono lot of justice after an
other ha slowly digested and gotten
rid of most of these much worrying
question, and the work of the miprcme
court In recent years ha been along I
these linen mors In keeping with thof the same district from 1802 until,
work of similar courts In othor ttAte. ' appointed to the suprem bench In
I
STORY
decidod by a majority of two votes
that Oregon should, and did belong to
the United States, that the code and
laws of the state of Now York should
be the law of the land until such time
as a code could be provided, and named
"a supreme judge," to the present
time when moro than 700,000 persons
take part in solecting the supreme
court, tho supreme court of Oregon has
been composed of men of especially
high rank as lawyer). In all that time
no breath of scandal has smirchod its
enviable record, and its justices have
gone out of office toking one and all,
with them tho respect and confidence
of the entire state. There are f'iw if
any states that can show so enviable a
record, and this, too, when tho salaries
paid by the state were entirely inade
quate, n ud politics were "in the Bad
die" throughout the whole country
ami political graft, and even judicial
graft, was rampant everywhere. Truly
a record of which not only those who
iiiiule it may feci proud, but one that
tho state can point to as uiioqunled in
the gnlnxy nf (dates.
The long list of those who have shod
honor on bench and bar in this state
from tlio supremo court bench is truly
u "roll of honor." Many who buildcd
so strongly the foundations on which
tho state rests have passed to their
reward, and the pages of Oregon his
tory written or to be written will tell
their life's work. It is not our inteu-
wit Ii the present bench that wo havo
'vance wo append the following briof
biography of tho supreme court ns it is
now composed
-
Tho present chief justice is the Hon.
', Thomas A. Mcliride, who was appoint
ed associate justice May I, ltli)!), and
l whose term expires next year. At the
time of his nppointment he was a resi
rent of Oregon City and engaged in
practice there,
Like most Orcgnuiiius, fur he is n
.native son, lie was burn in Yamhill
'county, selecting November IS, IS17,
, as the time fur milking his first appear
ance, lie is the sou of James nnd
iMuliula (Miller) Mcllride. lie was edii-
atod in the common schools and nt
Tboi. A, MeBrldo, Oliief Justice.
McMinnville college. Admitted to the
Ihar at Salem in October, 1S70, and be-
1874, Mary K. Merrill,
lie practiced In Salt Lake until 1880,
when like all other weblooters who
leave their native heath, he could no
longer resist the call of home nnd ho
shaking the dust of Morinondom from
his feet he returned to Oregon to see
what real ruin looked like, nud incl
dentally again take up the practice of
law, which lie did, hanging out his
shingle at Oregon t'lty In partnership
with the late K. L. Eastham, and tin
partnership was maintained until he
wa elected circuit judge in ls2. He
was district attorney for the Fifth
district from 1882 to 1892, and Judge
1009. ne was also a member of the
state legislature, the lower house, in
1870, but he has earnestly and heroi
cally endeavored to live that down and
has succeeded so far as that can be
done. However, ho mado a good legis
lator, and still has the thanks of the
community for refusing to introduce
more than a dozen bills. Ho has been'
chief justice since Jan. 1, 1912.
That is the brief story of the pres
ent chief justice, and it is about as
complete a history of his life's work
as that which is placed over Uncle
8am 's dead soldiers, which is full and
elaborate if it gives the date of birth
and time of death. It costs money to
emblazon a man's life work ou a
tombstone, and Uncle San is economi
cal in some things.
It is not this trait that compels us
to thus abbreviate in this case but the
fact that few men's work can be told
in a nowspaper Btory and certainly the
long and strenuous years of "Tom"
McBride connot be crowded into one
issue of a newspaper.
Few men in the state are so widely
and so favorably known as is this
"Nestor of the Oregon bar." Gonial,
a lover of companionship, with a heart
us big as his mind is broad, possessed
of a keen senso of humor as well as
profound learning in the law, he im
presses all who come in contact with
him, and binds them to him with the
steel hooks of friendship. He has a
sharp and witty tongue, but his wit
is without malice and his sarcasms
without venom. Ho hus never donied
assistance to the needy and unfortun
ate and many a case he has carried
through the courts was carried without
money and without price. May he be
with us long.
One of tho comparatively new jus
tices is Henry A. Bean, who was elect
ed from Umatilla county, Pendleton, the
place of tho round-up being his home,
. . v -St?
Honry J. Boan, Justice.
in IDIO, taking his sent January 1,'ieut of Columbia county, ami at one
H'lL , , t i mP the home of another of Oregon's
Ho is another example of what can chief justices, "Tom' Mcllride. In
be done with a Maine man if
f caught
,
i-n there
soon enough, for lie was bor
November 1,1, is,",;!. His birthida
was Bethel, and his parents were
Timothy ami Klizabeth K. (Swift)
llean. He married Mullie K. Maguhey
June 8, 1880.
'lie was educated at the public
schools nud took a business course nt
Yarmouth Academy, and also attended
the Hebron Acadeniv, nnd Gould's
Academy nt llothel, his birthpliu'e
Taught school for art of six years
and read law with lieu. Knoch Foster
in hi home town, lie was admitted
to the bar of (hnt state March 9, 1881.
Ho began practice in Pendleton, con
tinued iu praclice there until elected
to the supreme court in 1010. He was
a partner at different times with some
of tho most distinguished lawyer of
the tate. He was with Hon. James A.
Foe lu 1,88.1. 18811 j with John II. Law
rey iu 1891, and with Stephen A. Imvi-
ell in 1900 1. In 188.1 and 1886 he was
eity recorder, and, again duty coiiih0
hs to mention it, was a member of the
Oregon legislature in 18S9. He was
city attorney two terms and county
judge of Umatilla county in 1904-6.
Ho was circuit judge from 1906 to 1910
when ho was promoted to a position on
the supreme bench.
A an attorney Judge Bean had a
fine practice, which gave him a good
foundation for his present place,
broadening hi views, giving him deep
insight Into the law and it practices
and forms, and qualifying him for the
judicial work called for by the posi
tion. He ha a logical mind, i a close
rcimnucr, and an ardent student. His
opinion show that the authorities have
been pretty well overhauled, nud they
are based firmlv on precedent.
FRANK A. MOORE, JUSTICE.
From January 1, 1901), to January 1,
1911, Justice Frank A. Moor w chief
justice. He was born November S,
"'X -v ' '
' ' ."V
t"'Ll ! W m- W-fe,
I '! II i 1 K
Capitol Annex and Supreme Court Bull ding.
1844, at Ellsworth, Maine, and his case row of justices and was the "father
proves the truth of tho old saying that of the court." Robert Eakin was born
you can make something of a Maine
man "if you catch him young." He in a mepsure for his clock-like regular
is the son of Heard L. and Bathshaba ity and his always being on time as
(Higgins) Moore. Educated in the.
public schools of Maine, he married
there, his wife being Emma Shuutaf
for. Having been both born and mar
ried in Maine, he concluded he had
done about all that state pride and
patriotism required of him, so he
moved to Iowa. There he put the hard
finish ou his education by attending
the Iowa Normal school, at Iowa Falls.
Thus fortified he was elected county
superintendent of schools for Hardin
county. This in 1871, and he Berved as
superintendent until 1875. He read law
in the office an! under the direction
of Lieutenant Governor Eastman, at
llldora, anil was admitted to the bar of
the state in 1874. Having realized
the benefit of a partial movement to
th we?t, he concluded in 1877,' that if
a little was good that more was better
and it would also be better for Moore,'
and so came to Oregon in 1H77, and was
admitted to the bar in this state in
1S70. Upon first reaching the state
he located at St. Helens, the county
- 1881 he was elected countv judge of
, . .
that county. Ilistorv is inexorable and
I, , .
tvmniils the truth nf. ail times, and as
Frank A. Moor, Justice.
a faithful historian we are compelled
to state hero, that from 1888 to 1892
Justice Moore, that was to be in the
future, was state senator from Colum
bia county. Of course we all have our
feeling on the subject, and well, any
way the subject of this briof sketch o
conducted himself in that office that
in 1892 he was elected a member of
the supreme court. Ho has held the
position ever since and was chief jus
tice from January 1, 1909, to the same
day 1911. lie is high In Masonic cir
cle, having held the office of Grand
Commander of the Comtuanderr K. T.
of Oregon. He was also grand master
of the grand lodge of the state. He
lies a wide circle of friend here and
hi home is one of the most attractive
and pleasant place iu the city.
:t eakin. j
For th two years preceding the In
cumbency of Chief Justice McBride,
.Initios Robert Eakin sat in th center
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at Elgin, Illinois, which may account
Robert Eakin, Justice.
well as on to his work. The date was
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March lo, 1848. His parents were a close nnd profound student of the , "un u,ne- Ju is,u ne marriea Maliala
Stewart B. ami Catherine (McEl-l'aw, and there is no lawyer on the A. Harris, and in 1896, Julia L. Puyder.
Downey) Eakin. He was educated in'8lPme bench of Oregon or off it in,11" waa closed Judge, of Yamhill
the public schools of Illinois and in tho state at largo, whose opinions cany county in 1870, and moved to Salem in
the Willamette university of this city, 'greater weight. Of genial and compan-Hlrn formed a partnership
graduated from the university here in'ionable disposition, in the broadest Wltn n- F- Honham, the firm being
1871!. . Ho came to Oregon in 1806, and sense a thorough democrat, though a 1'onhnm & Ramsey, and later the firm
studied law with Hon. George B. Dorris ' republican in politics, he has an army becsnie Ramsey & Bingham,
in 1873-74, and was admitted to theof friends and admirers, among whom I We are pleased to state that nowhere
bar here in Sulem in 1804. He mar-'are practically everybody in Salem, do the iconls show that he was ever
ried June 21, 1S71, his wife being Mary .who just from old habit greet him a member of the Oregon legislature,
Walker. He commenced the practice with, "Hello, Judge." ( Being from 'but n a truthful recorder of history
of law at Union, immediately after his ; Yamhill there is nothing' in the state I we are bound to relate that he was
admission and continued it nt that to K00'1 for him, nnd nothing he can- nm yor of the city of Salem. However,
place until 189o, when ho was appoint
ed judge of tho circuit court for the
Kighlh judicial district, and was re
elected in "1902, serving until 1900,
when ho was elected to tha supreme
court. He was chief justice front Jan
uary 1, 1911, to Jan. 1, 1913, his term
expiring at that date. Ho wiis re-elected
and will be ou the bench until 1917
and with his high record nnd recog
nized ability piobnbly much longer than
that,
Justice Eakin luiif been here JO long
i .. o i ,
.looked upon by Salem pi'ttplo as one'
' f ,i , , ., ,
iot them, ns a full fledged Knleinite.
mat liKe otner state officers htt is
Justice and Mrs. Eakin have a pleasant
home nt the corner of State and
Twelfth streets where a large circle of
friends find warm welcome ami genial
companionship. Justice Eakin is a
man of rather retiring disxsition
generally. Ho is a hard worker and a
man who takes infinite pains, which
someone has said is tho hall nvark of
genius, if not genius itself. Ilis opin
ions show scholarship and patient re
search and are models of their kind.
Personally the judge is a good com
panion and one whom having become
well acquainted with, you will surely
hunt up occasionally to swap ideas
with and get the best of the bargain,
too.
G.H. BURNETT. JUSTICE.
Justice George Henrv Burnett was I
(elected a member of the supreme court I
in 1910, and hi term expires in 1917,
though it is not probable he will retire
from the bench at that time, for Oro -
gonians have a way of reelecting a mau
0org H. Burnett, Jostle.
if he suits them, and Justice Burnett is
that kind of a man and officer. He is j
a native of the best section of the best
state, of the best country in the uni
verse, for he was born in Yamhill
county, May 9, 18o3. He is the son of
George W. and Sidney A. (Younger)
Burnett. Having been born in Yamhill
there wps nothing he could do and
maintain the Yamhill reputation except
I to get busy, do something, reach for: justice accepted the position tendered
Ithe top. He took nis first mental 'him. He felt that the experience on
pabulum in the public schools of Yam
bill, and having exhausted the possibil
ities iu that line, he attended the Mc-
Minnville college until 1871, when he
entered Christian college at Monmouth,
graduating therefrom in 1873 with the
degree of A. B. After this he read
law in the office of Mallory & Shaw
in this city, for two years. Ha was
admitted to tho bar here in Salem in
1875, to the United States district and
circuit courts in 1876. He was elected
district attorney for the Third judicial
district the same year. 1 In 1878 he
formed a partnership with John J.
Shaw, which continued until 1886. A
year later, or in 1879, he formed an
other partnership, in which he for
feited his degree of A. B. and married
Mirinm Belt. Had he put off his mar
riage one day he would have missed a
year, for he was married December 31,
1879. Now iu most biographical
skAfi.hnB unit in nil nni-Alu tlio alniv I
ends when the hero gets married, but it ! L- McNary, or in May of this yoar,
is difforeut when tho subject is a law- j William Marion Ramsey took his seat
yer, nnd claims Yamhill as his native as a member of the supreme court
heath. With a keen analytical niindlJllne 1 1913' 3uAw Ramsey was born
and boundless energy, his list of cli-jin lowa Monroo opunty, ou Christmas
ents grew to that point where he had ,ay 184G and is tha Bon of David a,ul
all the work, and more, than he really I Susan (Shuck) Ramsey. Just when he
cared to do, but he remained alone in'1'11"10 to Oregon is unknown to the
his practice until in 1892, he was writer, but it must have been at an
elected judge of the Third judicial car,y day he was educated in this
district. We stated before that he will 8tatoi absorbing English and some
probably not retire from the supreme Chinook, no doubt, in the schools of
bench until he docs so of his own'Yamlli11 county. Ho also took some
volition; and that Oregonians have grafts of knowledge in the Clackamas
way of re-electing a man that suits coouty schools, and finished this with
them. Evidently Judge Burnott gave a course at MeMinnville college. He
entire satisfaction as a judge, for he was admitted to the bar of the state
was kept on the bench from 1892 until!'11 18CS to the district court in 1869
1910 when he was invited to go up . a,lJ 1)iU'r to tno U. 8. circuit court. He
higher, and was elected to the supreme lot'ated at Lafayotte in 1S63 and was
bench. Ho is an indefatigable worker, associated with James McCain for a
j110' have if ll? wi" til,ie the trouble to
ask for it.
C.L.
. ,
uno or tue youngest members or
the supreme court, both in years and
service, is Charles L. McNary, who was
appointed by Governor West last May,
he taking his seat Juneo 1, 1913, Not
only , is he one of the youngest, but ho
is also ono of the two native sons on
the slipronie'bench. He was born here
in Salem lu sight of
h
, llul
the state house
unarles h. McNary, Justice.
Inhere he now Las his office and where
I ho write out his share of tho opinions
if the supreme court. In speaking of
".Charley" McNary's ago, (we find it
hard to say Justice McNary), it re
minds us of a smll boy who was busily
chasing around a corn crib, and when
asked whnt he was doing he replied,
"catching mice." How many have
you, was the next inquiry, and the an
swer settled it with: "When I got
this blamed dodgvr and two more, I
.will have three." It ia that way with
(justice McNary' years. Ho hn not
I many of them, yet; but we hope lot
of them to get. He wws born June 12,
1S74, and as we have said, hero in
J Salem. Hs is the son of Hugh L. and
j Margaret (Clfiggett) McNary. He at
j tended tho public schools of Salem, and
polished it up with a course at Stan-!
ford University, California.
II read law with his brother, John
H. McNary and Samuel L. HflViIen,
being admitted to th bar in 1898,
forming a partnership with hi brother
" . . ,- ' ,
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and taking up tho practice here. He
was married to Jessie Breyman, a
Sulem girl, November 19, 1902. Ho
worked steadily to the front in his
profession making, with his brother," a
reputation for sound and safe legal ad
visors that is second to none in the
state. 'The firm's business grew to
large proportions, and it was at the
sacrifice of business that the young
the bench would be of great benefit,
and that the honor, coming to him so
early iu life was one he could not turn
down. He is a hard student, a deep
reason or, and as a pleader, the true
test of a lawyer, he has few equals. In
putting honor before coin, and accept
ing this appointment, which indeed
few could refuse, he undoubtedly did
a wise thing for it will round out and
perfect his knowledge of the law, and
more than all it gives to the state tho
Bervice of a well trained legal mind
and the work of an honest and con
scientious lawyer. It is no use to try
to tell anyone in Salem about the
everyday life of the "Baby Justice"
for everybody knows all about "Char
ley" McNary.
W. M. RAMSEY. JUSTICE
Appointed at the same time with C.
?!,?? v;- a lon time ago and it s!io;i
lc liol.l up against iilin.
should
lu lS he moved to Pendleton ami
lV-:et!i ed law there three venrs return-
, jing to tho valley and locating at Mc-
iMinnville in lHWl, There he was as-
jsotiated with F. W, Fentou under the
firm name of Ramsey X Feuton.
He was appointed to the 'supreme
bench by Governor West lost May and
began his duties June 1, 1013. Judge
Ranue.v is a thorough student, and a
reliable interpreter of the law. His
opinions are clearly written, and the.
points' aptly expressed. IIu is a hard
worker ami will do his share toward
preventing congestion of the docket
such as caused worry and delay beforo
the number of judges was Increased.
J.C.
A story of the Oregon supiema court,'
or for that matter any story n'lsting t
the bench or IW of tho state would
be incomplete without mention of
Julius Caesar Moreland, clerk of th
Supremo court since June, 1907. Ho
was bom iu Smith countv, Tennessee,
June 10, 1844, and is the son of Jesse
and Susan (Ilolerton) Moreland. Re
alizing that the effrto east offered no
inducements for a youngster to grow
up in the way ho should, young Julius
so soon as he was old enough to know
what was what, came with his parents
tq Oregon ia tlie Pullman of an oi
wagon, arriving in this "Kloshe 111a-
,hee,"the WUhiuiette alley, in 1S32.
Not having Irti,l much attention to th
school of his native state, Juliu
tackled Webster's spelling book, and
th other aiils to education of those
carllor years, demonstrated on his fin
gers tluit two and two somehow always
made a total of four; bit the printing
office ami absorbed all kinds of knowl
edge, took in the sum total of what
the public schools of those days offered
the curious and enterprising pupil, and
tackling tho Portland academy gradu
ated with honor to himself snd tho in
stitution. This in 186.1, or the year
that he reached hi majority. He waa
admitted to the bar of Washington ia
1867, in March, and the same year In
July to that of Idaho. Ho was riven
the right to practice in this state in
1869, and in the supreme court of the
United States ia 1898.
Ho showed a jtriotic mind, by get
ting married July 3, 167, to Abbie B.
Mine, and so celebrate the birth of
(Continual on page 9.)