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16 Or. St. B. Bull. 1 (1955-1956)

handle is hein.barjournals/osbb0016 and id is 1 raw text is: OREGON STATE BAR
VOL. XVI    OCTOBER, 1955  No. 1

By Doug McKean
Orval D. Yokom, John Day, made his
final appearance before members of the
Oregon State Bar as president at the
board of governors luncheon on Saturday
noon. At the conclusion of his report he
turned the gavel over to George A. Rhoten,
Salem, whom the board elected as presi-
dent for 1955-56.
Presentation of the award of merit for
the year to Gunther K. Krause, Portland,
chairman of the committee on judicial ad-
ministration, was a feature of the lunch-
eon session.
The retiring president told his audience
that legislative activity is one of the most
important functions of the bar of this
state. The bar, he declared, has a definite
and well defined responsibility in this field.
To meet this responsibility, Yokom rec-
ommended that a representative commit-
tee of the Bar be appointed having full
authority to make recommendations to the
board as to the action to be taken by it to
sponsor and support legislation proposed
at annual meetings.
Such a committee, he suggested, might
be composed of a delegate from each local
bar association.
He noted that of 40 bills sponsored by
the Bar, 29 passed and one was vetoed by
the governor.
Yokom called this a record of no small
achievement and he commended Alex-
ander G. Brown, chairman of the legisla-
tive committee, members who appeared in
behalf of bills and Gunther Krause, who
he said did yeoman work on behalf of the
Bar's legislative program.
He called particular attention to the act
which eliminated any confusion as to the
Bar's status. This matter which he said
the Bar regarded as a life and death mat-
ter amended the act to omit the words,
is an agency of the state.
The board, he said, feels that the act
now makes the Oregon State Bar the in-
strumentality that we, and the framers of
the original act, intended it to be.
Yokom praised lawyers who participated
in the legislative legal aid program but
said he believes there is some duplication
and overlapping of work done by the Bar
and the Legislative Counsel.
He recommended that the committee on
public service and information meet with
the legislative council prior to the next
session to eliminate this duplication and
the legislative counsel prior to the next
explore the feasibility of extending legal
assistance to legislative committees.
The retiring president took up the sub-
(Continued on Page 5, Column 1)

George A. Rhoten, Salem, member of
the senior class of the board of gover-
nors, was elected president of the Oregon
State Bar for 1955-56 at a meeting of the
board at Baker September 21, immediately
preceding the 21st annual meeting.
Rhoten, serving his third year on the
board, is a Marion county native and a
graduate of Willamette university where
he received his law degree in 1927. He suc-
ceeds Orval D. Yokom, John Day, as presi-
dent of the state bar.
Other officers elected were Moe M. Ton-
ken, Portland, vice-president; Clarence D.
Phillips, Portland, treasurer, and John 1.
Holloway, Portland, reelected secretary.
Tonkon was named to the board earlier
this year to take the place vacated by
Judge Paul R. Harris, Portland, who re-
signed upon being appointed to the circuit
The new officers took office at the board
of governors luncheon on Saturday noon,
at which time Yokom gave his report upon
his stewardship during the past year. The
new members of the board also took office
at that time. They are John A. Heltzel,
Salem; Robert H. Foley, Bend; Bert S.
Gooding, Portland, and George W. Neuner,
The new members met with the board
at their meeting at Baker prior to taking
office in order to familiarize themselves
with the work. Retiring members of the
board were Wendell Wyatt, Astoria, who
was unable to attend the meeting; Presi-
dent Yokom, Thomas H. Tongue III, Port-
land, and Samuel M. Bowe, Grants Pass.
Meeting after the new members had
taken office, one of the first things done
was to appoint a committee on committees
to prepare the list for the new year.
Named to this committee were Tonkon,
chairman; George H. Corey, Pendleton,
Gooding and Neuner.
This committee met in Portland on Oc-
tober 15, with other members of the board
and Secretary Holloway. The list as pre-
pared by this committee will be considered
by the board when it meets in Portland
on October 28.
The annual award of merit was voted to
Gunther F. Krause, Portland. The award
was made at the governors luncheon on
Saturday and was received by his son,
Donald G. Krause, In the absence of Gun-
ther Krause who was unable to attend the
annual meeting this year.
Krause was the 1954-55 chairman of the
state bar and the Multnomah Bar asso-
ciation's committee on judicial administra-
tion. It was to a considerable degree due
to his efforts at Salem during the last ses-
(Continued on Page 4, Column 3)

By Doug MeKean
Two outstanding speakers, one a noted
trial lawyer from San Francisco, Melvin
M. Belli, and the other the president of the
University of Oregon, Dr. 0. Meredith
Wilson, spoke to the annual meeting of the
Oregon State Bar at Baker on Friday.
Belli was the luncheon speaker that day
and Dr. Wilson spoke at the annual dinner
that night. Belli in his talk was critical
of the power of the courts to use their dis-
cretionary power to reduce jury awards in
personal injury cases.
Dr. Wilson's talk was, in effect, a chal-
lenge to the bar to preserve and maintain
its high standing and its recognition as the
bulwark of the rights of man. Dr. Wilson
was introduced by A. S. Grant, Baker,
while James Landye, Portland, presided at
the luncheon at which Belli spoke.
President Wilson suggested that lawyers
take stock of themselves. He noted that
while neither the legal nor medical profes-
sion started out in this country with much
status, the lawyers were the first to
achieve this standing.
Now, he said, the situation is reversed.
A Carnegie survey in the late 1940's, he
noted, found that the public ranks doctors
first among professional men who best
abide by their ethics, dentists second and
lawyers a poor third.
President Wilson quoted his brother, a
California attorney, as saying a successful
lawyer is one who can afford to send his
son to medical school.
The golden age of the profession in this
country occurred before the Civil war, Dr.
Wilson said, and he listed Chief Justice
John Marshall as one of the greatest repre-
sentatives of the p.iofession.
The real giants of the era, he continu-
ed, relied on reason and were concerned
with the search for the good of man,
It was the supreme court of Marshall's
time which gave the constitution flesh and
blood and made it walk like a man, Wil-
son said.
Speaking of the action of courts in re-
ducing or setting aside jury awards, Belli
said such use of the discretionary power
was an example of tyranny replacing de-
mocracy. And tyranny, I truly fear, is re-
placing democracy in this regard in too
many of the courts of our land, he added.
The San Francisco attorney, who was
quite frankly expressing the viewpoint of
plaintiff attorneys in personal damage
cases, prefaced his remarks on discretion-
ary power with examples of the manner in
which he uses demonstrative evidence in
injury cases.
(Continued on Page 6, Column 1)

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