The new Northwest. [volume] (Portland, Or.) 1871-1887, 1880-09-09
RETURNED 10 TIE ATTACK.

Mrs. VI. c. Cline, one af the i-igsuts
defEsuded by The late Unconstitutional
Supreme Court, is resolved not 10 sub
nit to the robbery, aud has again At
tackled the decree in the Greenwood
will case. Her appesl 10 the voters Of
Oregon was heard anI sesp1nded to I'm
a cordial mAnoer last June, Judge
Kelly aud Prim heiug rehukeh oy "a
crushing defeat when they sought re-
election to the positions they hat .ii--
honored and now, backed by this Be-
eisiou Of the voters, she i proceeding 10
proper manner 60 get the Infamous
decree reversed. A correspondent Of
the Salem Salesman, under date Of
August 2S:h. writes as follov's about
Mrs. Cline and her case:
This spirited woman, determined TO vindi-
cafe The memory Of bfr mother from the as
PERSONS cast upon her by the late decree Of
/ heily and Prim, has comme need a suit in
equity, under section 81 in the equity code, 20
] impeach and set aside" that most shameful
and outrageous decision, that did 50 much In
the late election 10 retire those two old con-
demned hulks to the boneyard Of political and
Judicial death. she signs her name 10 her
complaint, and means to be heard. She has
had her case prepared with care. 10 as 20 reach
The supreme Court OF the United Stafes by
writ OF error, II need be, by making a direct
attack upon the econstitutionalityo Of the Oregon
/ supreme Court, in that its Judges were APP
pointed, instead OF elected; the question, in
/ this shape, coming within tine scope OF the
Fourteenth Amendment, which provides -that
no state shall deprive any person OF life, lib
erty, or property, without due process OF law
/ and which reaches constitutions ns well as
laws. Il is believed by many lawyers that
this point alone is decisive OF the case, and
must give her a new hearing, which is her de-
mand.
The complaint, however, makes two more
points. one is that immoral practices, fraud
and undue influence were exerted by and upon
the Court; and the other, that the decision
was grossly contrary to the evidence and in
direct violation OF law, and also against public
policy. In regard 10 this latter point, the High
Court OF Tennessee once used the following
sensible language; at is the highest duty OF
Courts 10 protect the Wills Of the aged, else IL
leaves them without the rod and the staff Of
their support, their property, which enables
them 20 secure those attentions which they
might not otherwise obtain from humanity or
natural affection" In this ease, ihe Old lady
Greenwood had selected her daughter Mary.
who was poor and broken up, and had a large
I family 10 support, 10 come upon her farm aud
live, and take care OF her as long as she lived,
willing her the bulk OF her property; and Mary
cared for her mother Ienderly for three years
until her death) and would have done so II
the old lady had lived twenty years. Yet this
| faithful daughter was ousted, and her mother
declared insane and imbecile, by the iraudu-
lent practices set forth in the complaint
II will be strange if there can be found no re-
lief in equity from such wrongs. This ease
viii be a test. Mrs Cline is without means,
but several gentlemen OF wealth, with COM
mendable public spirit, have stepped forward
and assured her that she shall have a hearing
here, and az Washington, too, IL VIM. NJ
Evarts or Ben Butler can get 10 for her. There
are several other eases that should be over
hauled. Fraud anal wrong in high Courts
should not be suffered TO go unrebuked.