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9 Or. St. B. Bull. 1 (1948-1949)

handle is hein.barjournals/osbb0009 and id is 1 raw text is: OREGON STATE BAR BULLETIN VOL. IX. OCTOBER, 1948 No. 1 STATUTE REVISION WALTER EVANS NEW LAWYERS APPLAUD PLAN IS APPROVED PRESIDENT OF BAR COOS BAY MEETING Revision and modernization of the Ore- gon Code was approved by the bar at the convention session in Coos Bay on October 2nd after Robert K. Cullen of Frankfort, Ky., reviser and codification expert for the state of Kentucky, had presented a most detailed report on the scope and nature of the work. The report of the committee on modern code revision headed by Kenneth J. O'Con- nell, Eugene, which was published in the September issue of the Bulletin, was ap- proved by the convention and the recom- mendations of the report adopted. This report recommended, that the board of governors direct the committee on modern code revision and the committee on legislation, acting jointly, prepare and sub- mit to the Oregon legislature at the 1949 session a bill providing for the continuous revision of the Oregon statutes in accord- ance with the general plan now in opera- tion in the states of Wisconsin, Kentucky, Missouri and Ohio. The recommendation having been ap- proved by the convention, it is expected that the board, working with O'Connell's committee and the legislative committee, will have a bill prepared to submit to the legislature shortly after the first of the year. At the outset of the convention, some question was voiced by some of the attor- neys relative to the revision plan, but only one voice was raised on the floor and that could hardly be considered in opposition as it was suggested that the problem of re- vision be separated from that of compila- tion. This idea, however, did not gain support as it was considered that the job should be done fully and that compilation should follow revision or the whole job would have to be done again at some future date. The job of revision, it was admitted, is a big one as there has been no editing of the Oregon statutes since 1862 and OCLA is now full of duplication, laws long since dead and many conflicts. Cullen told the convention that revision of the Oregon code was a four year job and that it would be a mistake to do anything less than a good job. The first question is what to do about the structure, form and contents of the statute laws as such-how they can be clarified, simplified and correlated so as to be readily understandable-how can the obsolete, unconstitutional, impliedly re- pealed and conflicting provisions be ellmi- nated-how can the statutes be made an Intelligible, workable, usable branch of the (Continued on Page 9, Column 1) Walter H. Evans, Jr., of Portland, sen- ior class member of the board of governors for the third congressional district, was elected president of the Oregon State Bar for the year 1948-49 at a meeting of the board at Coos Bay September 29, just prior to the state convention. Warren A. McMinimce, Tillamook, was elected vice-president, and F. M. Sercombe, Portland, secretary of the bar ever since its integration in 1935, was renamed to this office. The office of treasurer went to MacCormae Snow, Portland, who succeeds B. A. Green, also of Portland. The meeting was the last for four mem- bers of the board whose three-year terms expired. They were W. W. Balderree, Grants Pass, president of the state bar for 1947-48; Lester G. Oehler, Corvallis; Robert 0. Boyd, Portland, and Raley Peterson, Pendleton. At a dinner in honor of the retiring president held Wednesday night at the Tioga hotel in Coos Bay, Balderree was presented with desk sets In appreciation of his work for the bar during his entire term of office as well as his outstanding en- deavors during the past year. Membership on the board of governors has developed Into an unofficial fraternity which Includes all past members of this body and a number of the prior board mem- bers were on hand for the dinner Wednes- day night. The board meeting was attended by W. M. McAllister, Medford; W. C. Schwenn, Hillsboro; E. K. Oppenheimer, Portland, and A. C. Goodrich, Bend, newly elected members of the board. They were sworn In and participated in the latter part of the meeting. Along with the newly elected of- ficers they were formally installed in office (Continued on Page 3, Column 2) During the coming session, the legis- lative committee and the board of gov- ernors will sponsor and seek enactment of the legislation proposed and approved by the last two conventions. I hope that this committee, as well as all others, will continue to receive the active sup- port of all the members, Next year I believe particular atten- tion should be given to the problems of unauthorized practice, code and digest revision, and continued legal education for the practicing lawyer. I also hope that the members will let the board and officers know whenever they approve or disapprove of what the Bar is or is not doing. Walter H. Evans, Jr. Identified as one of the best conventions in recent years, the 1948 annual meeting of the Oregon State Bar concluded its three day session at Coos Bay on the night of October 2 with William Lloyd Prosser, dean of the school of jurisprudence of the University of California, as the guest speaker at the annual banquet. The program was highlighted by a num- ber of interesting features, including a program of continuing legal education un- der the direction of Harold Banta, Baker, chairman of this special committee. Unlike former years, the committee in charge of the 1948 convention did not import speakers for this part of the program but called upon Oregon lawyers best versed in the subjects to handle the program. In the first of this series, the subject was Will Drafting and Probate under the Revenue Act of 1948. Ralph R. Bailey, Portland, was the principal speaker, with Thomas B. Steel, Portland; Otto J. Frohn- mayer, Medford; Frank H. Spears, Jr., Portland; Otto F. Vonderheit, Eugene, and David S. Pattullo, Portland, as the speak- ers. This program of Thursday afternoon proved to be of great popularity and was designed to indicate one way In which the continued legal education idea may be car- ried out in Oregon. On Friday afternoon another Idea was presented with one speaker carrying the entire subject. The speaker was David C. Shaw, Eugene, ex-assistant general counsel for the National Labor board, who spoke on Procedures Involved in Handling the Average Lawyer's Labor Practice. In connection with this talk Chairman Banta arranged for the distribution of a glossary of collective bargaining contract terms and a bibliography. In the panel discussion on the previous day copies of the revenue act of 1948 and other material was made available which contributed greatly to the session. Shaw's talk dealt largely with the Taft- Hartley act, the Oregon anti-injunction act and recent Oregon laws, with a particular review of the Taft-Hartley act. His practi- cal presentation of this act was widely applauded by his audience. Also on the Friday afternoon program was another type of program with Glenn R. Jack, Oregon City; B. A. Green, Port- land, and E. K. Oppenheimer, also of Port- land, as speakers. The general subject of this discussion was Some Novel Aspects of Negligence Cases with Herbert C. Hardy, Portland, presiding. Dean Seward P. Reese, Willamette university, served as presiding (Contlnued on Page 7, Column 1)

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