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1 Advocate 1 (1957-1958)

handle is hein.barjournals/adisb0001 and id is 1 raw text is: Vol. 1 No. 1 -                  OCTOBER, 1957                     Boise, /Idaho
Judge     J. Lampert Resigns;                      Validity of Trust Deed
I rnnIr rh      f    ntfnn#_ Jr_ _ Annnln*d       Upheld by Judge Young

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Judgc J. Lampert, Justice of the
Peace in Boise since 1943, resigned from
that post effective September 30, to re-
turn again to the private practice of
law on a less extensive scope and the
semi-retirement which  he abandoned
during the war in taking the position
as Justice of the Peace. Among his
continuing legal concerns will be his
representation of the Village of Garden
City, where he will maintain an office
on a part-time basis.
Judge Lampert has had a long and
distinguished career in the practice of
law and service to the community and
the country in legal capacities. Admitted
to the Idaho Bar in 1918, he was for
many years associated with Benj. W.
Oppenheim under the firm designation
of Oppenheim & Lampert. Their ex-
tensive practice is reflected by the num-
ber of cases in which they were counsel
and which are reported in the Idaho
As City Attorney for Boise City in
1921, Judge Lampert handled the cases
against the Idaho Power Company, the
telephone company, and the water com-
pany, which determined the value of
said utilities for rate purposes. As the
result of these suits, the valuation of
the power company was reduced from
$22,000,000 to less than $10,500,000. The
valuation of the water company was re-
duced from $1,400,000 to $900,000. A
substantial difference in rates resulted
from theise actions.
In 1926, when the old canal company
was overwhelmingly delinquent in its
payments to the government and the
government had ordered the water de-
livered by said company to be cut off,
Judge Lampert assisted in the organiza-
tion of the New York Irrigation Dis-
trict and was instrumental in preventing
the shutoff of water and the transfer
to the District of the rights of the old
canal company. He served as president
of the newly created district from 1926
to 1942.

October Meeting
Third District Bar Association
Wednesday-the 16th
Noon - Hotel Boise
Program-Film entitled
Canada Goose
In keeping with the season.
As chairman of the Legislative Corn-
mitee of the National Reclamation As-
sociation, Judge Lampert worked with
the Solicitor for the Department of the
Interior in the preparation of legisla-
tion which was later to become the Rec-
lamation Act of 1939.
Judge Lampert was a great personal
friend of the late Senator William E.
Borah, upon whose motion the Judge
was admitted to practice before the Su-
preme Court of the United States. All
who have visited    the Judge's office
have seen the bust of the late Senator,
which was one of three such busts that
were made by the French sculptor, Louis
H. Valentin. One of the busts was re-
turned to France and two were given
to Senator Borah, who in turn gave one
to Judge Lampert. Since the Senator's
death, the bust retained by him was
given to the University of Idaho by Mrs.
Borah; Judge Lampert has given his
to the Idaho Historical Society.
Before  submitting  his resignation,
Judge Lampert requested that an at-
torney be appointed to replace him, and
upon the endorsement and recommenda-
tion of the members of the Third Dis-
trict Bar, Frank E. Chalfant, Jr., has
been appointed to fill the unexpired
Mr. Chalfant has been in the private
practice of law in Boise since his ad-
mission to the Bar in 1950, Lnd will
maintain his office at its present loca-
tion in the Fidelity Building.

The Honorable Merlin S. Young, in a
recent Ada County case, upheld the va-
lidity of the act pertaining to trust
deeds passed in the 1957 session of the
Idaho legislature.
William L. Roos and wife, claiming to
be purchasers, at a trustee's sale of
property in Ada County, brought an
action to quiet title against William G.
Belcher and wife, previous owners who
executed the trust deed.  Also joined
in the action as a defendant was Louise
Lykins who was alleged to be a mort-
gagee on the property recorded subse-
quent to the trust deed.
Judge Young sustained the plaintiff's
demurrer to the    defendants' answer
which had set forth several defenses in-
cluding several that claimed the act
violated the provisions of the Idaho Con-
stitution. After evidence was offered,
the court granted the plaintiffs prayer
for a decree quieting title to the prop-
Richards, Haga and Eberle represent-
ed the plaintiffs in this action while the
firms of Clemons, Skiles and Green rep-
resented the defendants. The decision
has been appealed to the Supreme Court.
Examinations for admittance to the
Idaho Bar were given September 23, 24
and 25 at Boise. Fourteen men sat for
the examinations which were held in
the Capitol Building.
The examiners subsequently met in
Twin Falls, and have announced the
following successful applicants:
Blaine Stowell Butler, Driggs;
Geraid Wayne Hess, Moscow;
John R. Coleman, Idaho Falls;
Wallace McKay Transtrum, Boise;
Emmett Clark Gasser, Pocatello;
William   Angus   Reagan,   C o e u r
Wayne Paul Fuller, Boise;
James Laurence Schoenhut, Cascade;
George Edward Lyman, Rexburg.

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