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17 Or. St. B. Bull. 1 (1956-1957)

handle is hein.barjournals/osbb0017 and id is 1 raw text is: OREGON STATE BAR BULLETIN OCTOBER, 1956 No. 1 LEGISLATURE GETS McALLISTER FAVORED ALAN DAVIS NAMED HEAVY BILL LOAD FOR SUPREME COURT The 1957 legislative session will receive a record number of bills approved by the bar as a result of action taken during the three day annual convention at Gearhart September 27 to 29. A detailed resume of action taken on each of the committee re- ports will be published in the November issue of the Bulletin. While the three days were packed with business sessions, a feature of the annual dinner on Friday night was the talk by John A. MacAulay, Q. C., Winnipeg, for- mer president of the Canadian Bar asso- ciation. Realizing that those present had spent two days in rather heavy going in business sessions and a continuing legal education program that afternoon and the night previous, MacAulay spoke in high good humor on the subject, The Law and Other Things. With delightful buoyancy the distin- guished guest speaker spoke of the under- standing between the peoples of Canada and the United States and reminded his audience that the economics and legal progress in both countries have been ex- ceptional. No lawyer should exclude himself from the economy of which he is a part, he said and the fact that lawyers in Canada and the United States have not done so, he continued has been responsible for much of the progress in the law which has kept pace with the progress in other spheres. The law is never static, he continued, and the lawyer should help to shape and make the law and promote needed legal changes. Contentment on the part of a lawyer is not to be desired nor is self sat- isfaction. MacAulay was introduced by Glenn R. Jack, Oregon City, former president of the state bar. The other featured speaker during the three day session was Grant B. Cooper, Los Angeles, vice-president of the Califor- nia Bar association, who voiced concern at the lack of interest on the part of many lawyers in criminal law practice. In his talk he voiced much the same criticism of many members of the bar as was voiced by his fellow Los Angeles attorney, Loyd Wright when he was president of the American Bar association. Cooper told his audience that in a cri- minal case the lawyer is not the judge and every man, guilty or innocent, has his right to his day in court and it is the duty of the attorney to see that he gets that day and that his rights are fully protected. Cooper spoke at the luncheon honoring the judiciary on Friday noon. Windsor Cal- (Continued on Page '7. Column 2) In the law,- rs preferential poll con- ducted statewide for the vacancy on the supreme court to be filled by a write-in vote on November 6, Justice William M. McAllister scored a 4 to 1 victory over Judge David R. Vandenberg, Klamath Falls, when the ballots were counted on October 29. The names of Justice McAllister and Judge Vandenberg were the only two on the ballots mailed to the 2242 active mem- bers of the bar in the state, Justice Mc- Allister received 1334 votes to 386 for Judge Vandenberg. There were a scatter- ing of write in votes. Peter Welch, Mult- nomah county assessor, who is not a law- yer but who has announced as a candidate, received one vote. The 1137 lawyers in Multnomah county also were polled as to their preference in the circuit court contest between Judge Alfred P. Dobson, who is a candidate to succeed himself, and Thomas R. Mahoney, Portland attorney. These were the only two names on the ballot. Of the 932 votes cast as between the two, Judge Dobson re- ceived 832 and Mahoney an even 100. In this race also there were a few write in votes which were not tabulated. John H. Holloway, secretary of the state bar, reported that the response to this ballot, especially on the first day after being mailed out, was the heaviest in the history of the office. Justice McAllister is serving on the su- preme court under appointment by Gov- ernor Elmo Smith. He was named to fill the vacancy caused by the death of the late Justice Earl C. Latourette. The va- cancy occurred too late for any candidate to be named and his name printed on the ballot so the election will be by a write-in vote. Justice McAllister was in practice in Medford at the time of his appointment. He has severed his connection with the firm of McAllister, Duncan and Brophy and is actively campaigning for office. Of interest to Oregon in the light of the new federal highway program is word from Washington, D. C., and Salem that Clifton W. Enfield, assistant attorney gen- eral and chief counsel for the state high- way commission, has been selected by Sin- clair Weeks, secretary of commerce, as solicitor for the public roads bureau, In his new position, Enfield will be in charge of legal matters connected with the new federal 13 year highway program un- der which the federal government will spend $40,000,000,000. Enfield is a native of New York. He re- ceived his bachelor of science degree from (Continued on Page 8, Column 2) PRESIDENT OF BAR Alan F. Davis, Portland, senior class member of the board of governors, was elected president of the Oregon State Bar for 1956-57 by the board at its meeting in Gearhart on September 29, during the an- nual meeting of the state bar. President Davis was introduced to the convention as the new president by retir- ing President George A. Rhoten, Salem, at the luncheon on Saturday at which Presi- dent Rhoten gave his annual message cov- ering the work of the bar during the past year. Other officers elected were Frank J. Van Dyke, Medford, vice-president; Verne D. Dusenbery, Portland, treasurer, and John H. Holloway, Portland, reelected sec- retary. At the Saturday session, the new mem- bers of the board who attended the meet- ing on Wednesday as observers, were sworn in by Holloway. They were George L. Hibbard, Oregon City; Carl G. Helm Jr., LaGrande; Hugh L, Biggs, Portland, and Andrew J. Newhouse, Coos Bay. Members of the board whose term ex- pired with the luncheon on Saturday were President Rhoten, Martin P. Gallagher, Ontario; Moe M. Tonkon, Portland, and Edward A. Butler, Eugene. Tonkon served as vice-president of the bar during the past year. In his report of his stewardship for the past year, President Rhoten paid tribute to the fine service performed during the year in the field of continuing legal educa- tion, declaring that the desirability and necessity of a strong continuing legal edu- cation program is not operi to debate, The public should know that these clinic-like educational projects and study programs are giving the people of Oregon, on a broad scale, service from lawyers who are being regularly informed on and re- educated in the fields required for the highest service to the public. The retiring president also discussed the program of self discipline within the bar. The promptness of action on disciplinary matters is today a credit to the bar. he said. The charges are being processed with care and all the speed which the cir- cumstances warrant. The retiring president strongly defended the rule of procedure and the practice of the board of keeping all disciplinary pro- ceedings secret until and unless the record and recommendation of a trial committee is certified to the supreme court where it becomes a public record. President Rhoten told the bar that he was not at this time in favor of a state bar building and urged continuation of the (Continued on Page 9, Column 3) VOL. XVII

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