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

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

handle is hein.barjournals/osbb0009 and id is 1 raw text is: OREGON STATE BAR
VOL. IX.    OCTOBER, 1948  No. 1




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
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
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
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,
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-
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)

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