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4 Or. St. B. Bull. 1 (1943-1944)

handle is hein.barjournals/osbb0004 and id is 1 raw text is: OREGON STATE BAR BULLETIN VOL. IV. OCTOBfERI, 1943 No. BASIC FREEDOMS JOHN F. KILKENNY FREE LEGAL AID Pf RII~TIflN TU~MP HEADS STATE BAR Preservation of the basic freedoms of the constitution was the outstanding theme of the principal addresses given at the annual meeting of the Oregon State Bar in Port- land September 2-3, a session well attended by several hundred lawyers from all parts of the state. The convention was marked by the launch- ing of a Liberty ship named in honor of the late Federal District Judge Robert S. Bean, a ceremony in which members of the bar participated and at which Mrs. William 0. Douglas, wife of Justice Douglas of the United States supreme court, was the spon- sor. Federal Judge James .Alger Fee was the principal speaker and paid high tribute to the work of Judge Bean, while George Birnie, attorney of Oregon Shipyard, was master of ceremonies. Acting Mayor William A. Bowes extended the city's welcome to the bar of the state, while President Hugh L. Barzee presented a similar greeting from the members of Multnomah Bar association. Throughout the convention, discussions of the speakers programmed by Charles R. Spackman, Jr. and Robert 0. Boyd. co- chairmen of the convention arrangements, centered on the growing tendency of gov- ernment control over the every day life of the individual and on the effort that lawyers should make to get back to the fundamen- tals of the constitution. Post-war planning also was an important theme of the session and it was considered by several of the speakers. Principal talks were made by Colonel A. E. Clark of Portland on Federal bureau- cracy and the disappearing state; Dean Victor P. Morris of the school of business administration of the University of Ore- gon, Political and economic problems of the Northwest; Representative Harris Ells- worth on Resources of the Northwest and post-war development; Justice William 0. Douglas on the task before lawyers to pre- serve liberty for all and Ex-Governor Ralph L. Carr of Colorado on the danger to basic rights brought about by the growth of boards, bureaus and commissions, which he said are invading and violating individual rights. James T. Donald of Baker was the toast- master at the annual banquet at which Gov- ernor Carr and Justice Douglas spoke, while Robert F. Maguire was toastmaster at the luncheon at which the bar honored the judges of the state supreme court and those of the federal bench here. Frank Branch Riley was toastmaster at the luncheon at which Representative Ellsworth was the speaker. Wives of the members entertained (Continued on Page 2, Column 2) John F. Kilkenny, Pendleton attorney, be- came the new president of the Oregon State Bar at its Portland convention when he was chosen to succeed Gunther F. Krause, who retired this year. Charles R. Spacknian, Jr. of Portland was elected vice-president and Frederick M. Ser- combe again was named secretary with Arthur IH. Lewis re-elected treasurer. Both are from Portland. The new president of the state bar was born October 26, 1901 at Heppner, his par- ents being John and Roseanne Kilkenny, early settlers of the area. le was reared on a livestock ranch and attended the pub- lic schools there, high school at Columbia university and was graduated from Notre Dame Wlith an LLB degree in 1925 and was admitted to the Oregon bar the next year. His first associations were with Raley, Raley & Steiwer, but since 1934 the firm has been Raley, Kilkenny & Raley. He has been water commissioner of Pendleton, vice-president of the Pendleton Chamber of Commerce, director of the Rotary club and otherwise active in civic affairs. His fam- ily consists of his wife, a son 10 and a daughter 6. At the same meeting, John L. Foote of St. Helens was installed as governor for the first district; James T. Donald of Baker for the second; Will H. Masters of Portland for the third and James B. Bedingfield of Marshfield for the fourth. Foote and Bed- ingfield were re-elected. Their terms, with those of Herbert P. Welch of Lakeview and Gunther F. Krause of Portland expired this year. 0 DEATH RAIDS BAR Three prominent members of 0 r e g o n State Bar-two judges and one famous at- torney and author-died on the same day in September, two of them in Portland and one near at hand on his Washington farm. The three were: Federal Circuit Judge Bert E. Haney. State Circuit Judge John P. Winter, re- tired. Rogers MacVeagh, attorney. Judge Hney, who made his home in Port- land before his appointment to the federal bench in 1935, suffered a collapse some months ago after the death of his son, Rob- ert, and had been confined to his home most of the time since then. lie had served as a member of the United States shipping board, as United States attorney for Ore- gon, as chairman of the Port of Portland commission and In other important places and was the democratic candidate for United (Continued on Page 11, Column 1) TO BE EXPANDED Expansion of the free legal aid of the war work committee to include appearance in court in divorce cases under certain con- ditions is contemplated by the committee, Circuit Judge Walter L. Tooze announced, following recommendations of the American Bar association and the approval of a simi- lar program by the Chicago Bar. The free appearance would be made only when the service person is unable to pay a reasonable fee. He would have to pay the costs of the case, but the legal service would be given after an investigation of his fi- nancial status. Judge Tooze said this probably would mean that a private on $50 a month less his deductions might not be-able to pay a fee for an attorney, unless he had some other income. On the other hand, persons in higher rank might be able to pay something and would be expected to do so. While Judge Tooze felt that this will mean a considerable expansion of the work of attorneys for the service men and wo- men, lie declared that the lawyers of the state are eager to be of such service as they may anl that it is another opportu- nity for them to do so. The plan was submitted to the board of governors at its October meeting in Mult- nomah law library, and approved, with the provision that attorneys will pass on each case on its merits to determine whether the service client can pay all or part of the regular fee. If he cannot pay, the work will be free. If he can pay something, the board held he should pay that something and to that end attorneys will not be expected to adhere to the minimum fee schedule in such cases. It was brought out at the board meeting that 90 per cent of the cases that fall into the lap of the war work committee have to do with domestic issues that are worrying the service man. In many instances, the men now want divorces, although their do- mestic problems have been of long standing and developed before the man went into the service. The cases often are brought to a head because of the necessity for making allotments to the estranged wife. Gerald Meindl and Bruce Spaulding re- ported on the conference of the federal judges of the ninth circuit in San Francisco which they attended as the representatives of the Oregon bar and as a result of their report the board named them and Robert F. Maguire anti Earl F. Bernard as a commit- tee to prepare a statement which is expected to be sent to the United States supreme court on the proposed new rules. The two representatives told the board that (Continued on Page 2, Column 3)

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