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23 Or. St. B. Bull. 1 (1962-1963)

handle is hein.barjournals/osbb0023 and id is 1 raw text is: OREGON STATE BAR

BULLETIN
VOL. XXIII                 OCTOBER, 1962                    No. 1

EUGENE MARSH ELECTED
NEW PRESIDENT OF BAR
Eugene E. Marsh, McMinnville, a member
of the senior class of the Board of Gover-
nors, was elected president of the Oregon
tate Bar for 1962-63 by the board at a re-
cessed meeting at Coos Bay on Saturday,
September 22.
Other officers named were Owen M. Pan-
ner, Bend, also serving his third year on the
board, as vice-president; John H. Holloway,
Portland, reelected secretary; Edward A.
Boyrie, Portland, treasurer, and Manley
Strayer, Portland, assistant treasurer.
The meeting at which the election was held
was the last for the retiring members of the
board, J. T. Monahan, Milton-Freewater, pre-
sident for the past year; William M. Dale, Jr.,
Portland, vice-president; Robert C. Anderson,
Astoria, and G. W. Kellington, Medford.
As soon as the election had been completed,
Holloway administered the oath of office to
the new members of the board, James 0.
Goodwin, Oregon City; R. F. McLaren, Kla-
math Falls; R. W. Nahstoll, Portland, and
Donald F. Myrick, Grants Pass.
Monahan turned over the gavel to Marsh
at the luncheon on Saturday noon at which
tIme he made a report of his stewardship for
tie past year. The new board members were
t the speaker's table and were introduced.
Marsh follows in the footsteps of his twin
rother, Francis E. Marsh, also of McMinn-
ille, who served as president in 1944-45.
The new board adopted a resolution of ap-
reciation for each of the retiring members,
nd particularly and 7eparately to Monahan
s president, for their service to the bar dur-
Iig the past three years.
A number of board committees were ap-
ointed before final adjournment. Goodwin
ill serve as chairman of the committee on
cmmittees, assisted by MeLaren, Nabstoll
aind Myrick.
The finance committee will include J. Ray
Rhoten, Salem, chairman, Nahstoll and Phillip
1. Roth, Portland. Robert T. Mautz, Portland,
will serve as chairman of the budget com-
rpittee assisted by Hale G. Thompson, Eu-
ene; Kenneth M. Abraham, Hood River, and
Goodwin.
At the meeting of the board on September
19, also at Coos Bay, a number of disciplinary
matters were disposed of. The board sustained
the findings of the trial committee and rec-
ommended to the Supreme Court that Harry
W. Matthews, Newport, be permanently dis-
barred. Matthews had been convicted in the
circuit court for Lincoln county on a charge
of issuing NSF checks and larceny by em-
bezzlement.
In the case of Millen F. Kneeland, Portland,
the board recommended to the Supreme Court
that he be suspended from the practice or
administered a public reprimand. The board
sustained the trial committee's findings that
he was guilty of professional misconduct in
the handling of certain of the property and
affairs of Alma Kinsell, deceased.
In each case the accused attorneys have 60
days within which to petition the court to
review, reverse or modify the recommenda-
tions of the Board of Governors.
In connection with continuing legal educa-
tion and other publications the board ap-
(Continued on Page 4, Column 2)

LAWYERS ASK DELAY ON  CONVENTION PASSES ON
CONSTITUTION CHANGES  VARIETY OF PROPOSALS

(Page references refer to places In the
supplement to committee reports considered
at the 28th annual meeting.)
Reflecting the great interest among the
members of the bar in the proposed constitu-
tional revision as outlined by the state's
onstitutional Revision Commission, lawyers
attending the 28th annual meeting at Coos
Bay gathered in record numbers when the
special report submitted by Thomas H.
Tongue, Portland, on behalf of the bar Com-
mittee on Judicial Administration and a spe-
cial committee of the Multnomah Bar Asso-
ciation was considered.
The report recommended (p. 1), that any
complete substantive revision of the Oregon
Constitution by the 1963 legislature or by the
voters in the years 1963-64, based upon the
report and recommendations of the present
Constitutional Commission, be opposed and
disapproved.
This was the focal point of the report and
was opposed by George H. Layman, Newberg,
chairman of the state commission, and others,
one objection being that the report of the
commission was not at the time in final form
and that such action should not be taken be-
fore the commission submitted its final draft.
Some changes were made, as a matter of fact,
after the bar meeting.
After considerable debate, Hugh Smith,
Portland, submitted a substitute declaration
of policy which was adopted with the support
of those who had dissented to the statement
as it appeared in the report (p. 1) and as
amplified in the body of the report (pp. 12
and 13). The substitute statement follows:
That the integrated bar of the state of
Oregon recognizes its statutory responsibility
to the citizens of the state of Oregon to sup-
port effective and fair procedures for the
administration of justice through constitu-
tional means.
That the Oregon State Bar commends the
Constitutional Revision Commission for its
effort expended in the important task of
assuring sound constitutional provisions in
Oregon.
That a complete substantive revision of
the constitution as proposed by the Constitu-
tional Revision Commission is an important
and far reaching decision that must command
the support of responsible citizens of the
state.
That reasonable opportunity to study and
determine the results of certain of the com-
mission's proposals will not be available prior
(Continued on Page 5, Column 2)
FEDERAL RULE AMENDED
Chief Judge Gus J. Solomon and Judges
William G. East and John F. Kiikenny
have signed an order amending rule 5 (a)
of the Rules of the United States District
Court for the District of Oregon relating
to the time for hearing ex-parte matters.
The amended rule advances the time to
9:30 A.M. and reads as follows:
(a) Ex parte. Except for good cause
shown, all applications for ex-parte orders
shall he heard in open court at the opening
of court at 9:30 o'clock A. M.

(Page references In the following article
relate to the pages in tile volume of published
committee reports distributed to all members
of the bar prior to tile Coos Bay meeting.)
Members of the Oregon State Bar gathered
at Coos Bay September 19 to 22, passed upon
a number of committee reports with attend-
ing drafts of proposed legislation. However,
because of the importance of special matters
of business, including the first report c n the
survey and the special report on the proposed
constitutional revision, a number of reports
were not reached and disposition of their
recommendations were assigned to the Board
of Governors.
The convention opened Thursday morning
at the Marshfield High School where all busi-
ness and continuing legal education sessions
were held, with J. T. Monahan, Milton-Free-
water, president, presiding. President Mona-
han turned the session over to William M
Dale, Jr., Por'land, vice-president, who pre-
sided with G. N. Kellington, Medford, as par-
liamentarian. The invocation was given by
Rev. Harry R. Heeney, of the Emanuel Epis-
copal Church, Coos Bay.
Summary reports were made by John H.
Holloway, Portland, secretary of the bar, and
Harold L. Davidson, Portland, treasurer. Their
reports, in more detail are in the published
report of the board and secretary (pp. I to
15).
Considerable time was saved this year by
bulking all of the reports which had no rec-
ommendations and ordering them received
and filed in one motion. Included in this order
were: Board of Bar Examiners (p. 18), Civil
Rights (p. 21), Law Revision (p. 133), Lawyer
Placement (p. 134), Legal Aid (p. 134), Legal
Ethics (p. 135), Medical Profession (p. 136),
Minor Courts (p. 140), Trademark and Copy-
right Law (p. 142), Public Attorneys (p. 159),
Standards and Admissions (p. 173) and World
Peace Through Law (p 209).
The convention then began consideration
of the reports which included recommenda-
tions as follows:
Administrative Law (p. 16): All four rec-
ommendations adopted.
Continuing Legal Education (pp. 21-22):
Received and filed.
Corporation and Partnership Law (pp. 23-
77): Recommendation one was adopted as
amended. The amendment eliminated from
exhibits (pp. 35 and 43) provisions relating to
corporate loans to officers, etc. Recommenda-
tions two through seven (pp. 23-24) were
adopted, but recommendation number five,
relating to adoption of the Uniform Limited
Partnership Act, only won by a vote of 38 to
36.
Creditors' Rights (pp. 77-93): Recommen-
dation number one was adopted, but on re-
consideration of the first vote, the second
recommendation failed by a vote of 51 to 28.
After adopting the third recommendation,
number four was referred back to the com-
mittee. Recommendation number five (p. 78)
was another one that called for a vote and it
was adopted 57 to 40. Number six was modi-
fied by eliminating subsection three of the
exhibit (p. 85). After an attempt was made
to amend recommendation seven and the ex-
(Continued on Page 11, Column 2)

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