About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

5 Or. St. B. Bull. 1 (1944-1945)

handle is hein.barjournals/osbb0005 and id is 1 raw text is: OREGON STATE BAR
11,1. V.    OCTOBER, 1944  No. 1

Francis E. Marsh, member of the Mc-
Minnville firm of Vinton, Marsh & Marsh,
was elected president of Oregon State Bar
at the meeting of the board of governors at
Hotel Gearhart and introduced to the con-
vention at its final session in the same
He was presented to the convention by
President John F. Kilkenny after he had
been escorted to the stage by Judge James
W. Crawford and J. B. Bedingfield, also
members of the board. The announcement
provoked a storm of applause from the
members of the bar present.
John L. Foote, who has practiced at St.
Helens for 25 years, was elected vice-presi-
dent while Frederick M. Sercombe, Port-
land, was re-elected secretary and Arthur
H. Lewis, also Portland, was re-elected
Marsh was born at Decorah, Ia. June
17, 1900, obtaining  his early education
there and coming to Oregon in 1918. He at-
tended the University of Washington from
whiich he graduated in 1923 and the same
year was admitted to the Oregon bar. He
has been active for many years in Ameri-
can Legion, Masonic and civic affairs.
For two years he served as district at-
torney of Jefferson county and was as-
sistant United States attorney in Portland
from 1927 to 1930. For a time he practiced
law in Portland and in 1935 went to Mc-
Minnville where he has been since that
time. lie is married and has two sons,
one now in the navy.
Foote was district attorney at St. Helens
for 12 years and is past president of the
district attorneys' association of Oregon.
He served for several years on the griev-
ance committee before the formation of
Oregon State Bar. He was boin in Kansas,
came to Oregon in 1905 and was admitted
to the bar in 1918. He is lieutenant gover-
nor of the Pacific Northwest district of Ki-
wanis and holds office in the Knights of
Pythias. He has a wife and two children.
Tribute to*the service of President Kil-
kenny was paid by the members of the bar
following the completion of his term of
office. On behalf of the board and other
members of the bar, the new president pre-
sented a beautiful pocket watch to Kil-
kenny as an expression of the appreciation
for his service.
Work of the board of governors in rais-
ing the standards of the profession was
praised by Judge James Alger Fee and the
service of Charles R. Spackman, Jr., Bruce
Spaulding and Otto J. Frohnmayer, who
with Kilkenny, completed their terms and.
(Continued on Page 3, Column 1)

Address on Intolerance Before Oregon
State Bar at Annual Meeting at
My remarks shall be brief. Th;s brief-
ness, however, does not at all detract from
the importance of the subject. I shall ad-
dress you on the duty of the American law-
yer in the battle against the intolerance of
During the past decade, we have noticed
a growing tendency on the part of our peo-
ple to pit class against class, creed against
creed, race against race. Unfortunately this
tendency has not only been condoned, but
actually fostered and encouraged by certain
individuals holding high and honored of-
fices in the governments of our states and
nation. We have observed those high in the
executive branch of our national govern-
ment preach the un-American doctrine of
class hatred, labor against capital, capital
against labor. We have observed the chief
executives of some of our states preach a
doctrine of race against race, white against
colored. We have heard, on literally hun-
dreds of occasions, the otherwise honored
and highly respected pe,:son remark, when
discussing his dislike for certain of our
citizens, It seems that Hitler was right
after all. As a result of the utterance of
these wholly un-American principles and
the spread of these doctrines across the na-
tion, we have witnessed during the past 10
years actual bloodshed in the conflict be-
tween capital and labor, hundreds of per-
sons killed, maimed and wounded in the
racial conflict between colored and white,
and I would venture to say that if the tide
continues we shall witness bloodshed in a
wholly unnecessary conflict between those
of different creeds.
There are thousands of men and women
in America today who are so conscious of
class, racial or religious differences that
they refuse to read or listen to what the
other class, race or religion may have to
print or say in its defense. It has been
said: This is the germ on whch epidemics
of intolerance are bred. As intolerance in-
creases, government by    law  decreases.
When the intolerant trend reaches its crest,
government by law ceases to exist, and gov-
ernment by men or by the rabble takes its
I say to you that this rising tide of in-
tolerance must be stopped, or its ebb and
increasing flow will destroy the foundations
on which our American system of consti-
tutional government is built. We, as law-
(Continued on Page 9, Column 1)

Oregon State Bar's conspicuous service
to the men and women of the armed forces
won certificates of appreciation from the
army and navy, awards signed by the sec-
retaries of war and navy and by the judge
advocate general of e a c h department,
and presented to the bar at formal cere-
monies at its annual meeting at Hotel Gear-
This ceremony, at which the army was
represented by Lieutenant Colonel Thomas
J. White, judge advocate of the ninth serv-
ice command at Fort Douglas, Utah, in
charge of the eight western states, and the
navy by Lieutenant Commander Howard
D. Pack, legal assistance officer of the 13th
naval district, Seattle, was one of the no-
table phases of a convention which had
three busy days and at which action taken
on many committee reports and one of the
best programs of the bar carried out.
Also outstanding on the program were
the appeal of President John F. Kilkenny
for members of the bar to awake to the
growing tendency in this country toward
intolerance and to take a lead in the bat-
tle to protect the rights of all citizens of
whatever' race or creed, and that of Frank
Branch Riley, the speaker at the annual
banquet, for the members of the bar to
become attorneys for the defense, against
governmental encroachments u p o n t h e
rights of citizens and of local government.
Both of these speeches are carried In full
in this issue of The Bulletin.
The army certificate of appreciation
awarded to the bar pointed out that the
contribution of time and professional serv-
ices made by patriotic lawyers under this
plan has materially enhanced the morale
of the army and the success of the war ef-
fort. It was signed by Secretary of War
Henry L. Stimson and by Major General
Myron C. Cramer, judge advocate general
of the army. A similar statement was
made in the navy's certificate which was
signed by Navy Secretary James Forestal
and by Rear Admiral Thomas M. Gatch,
judge advocate general of the navy.
It was pointed out that the state bar
has been co-operating for more than a year
with the legal assistance officers of the
army and navy whose function is to advise
military personnel and their dependents
with regard to their personal legal prob-
lems. Legal assistance officers are now
functioning in some 1100 army posts and
camps, in the United States and overseas,
and at a large number of naval establish-
But civilian attorneys have been called
on to assist in the program because of Its

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.

Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Already a HeinOnline Subscriber?

profiles profiles most