The daily journal. (Salem, Or.) 1899-1903, 1902-08-18
MCCOURT
DECLARED
RECORDER
Salem Boy Wins Out In Su'
preme Court
By Non Payment Of so Cent
Fee Wife Loses $4,000


The oregon Supreme Court at noon
today handed down four opinions as
follows:
John W. McCOurt,. respondent. vs.
John W. Beam. appellant; appeal from
UmatiIlA county; W. r. Ellis judge;
affirmed; opinion by Justice Bean.
This was a mandamus proceeding
brought by McCourt against Beam to
compel the latter to deliver to him
McCourt. the books, furniture
etc. OF the ofice OF city recorder Of
Pendleton. Bean was city recorder
OF Pendleton and under the provisions
OF the city charter whereby the city |
council has the right at any time to
remove that officer and elect his sue
cessor, Beam was removed and Nc
Court was elected as his successor.
There are eight members Of the Pen
dleton council and the vote on Beams
removal was a tie but the mayor cast
the deciding vote and McCourt was
elected by the same vote The city
charter OF Pendleton provides that the
government Of the city shall be vested
in a mayor and a common council,
composed OF eight members, and that
in case OF tie the mayor shall cast
the deciding vote. The charter further
authorizes and empowers the city
council with the election OF a recorder
with the mayors concent Under these
provisions, Beam cOntended that in
the election OF the recorder, that the
mayor was not entitled TO vote but the
court holds that such offlcer did have
vote in the matter and could give
his consent afterwards. The decree
OF the lower court was affirmed.
Maude Marie Stringham, appellant,
vs. Mrs. Laura Dillon. respondent; the
Modern woodmen of America, defend
ant; appeal from Multnomah county;
A. F. Sears Judge; affirmed; opinion
by Chief Justice Moore.
This was a suit to determine the
right OF adverse claimants to $4,000 on
account OF certificate Of mutual life
insurance carried with the Modern
Woodmen of America Leroy String
ham Joined the order in 1899 and made
his policy payable 20 his mother, Mrs.
Laura Dillon, the plaintiff herein. In
May, 1901, 1,plaintiff and Strinsham
we're married and the deceased made
APPLICATION for a change In the bene-
fciary. making the insurance policy
payable TO his wife. The change in
beneficiary was made but Stringham
failed 10 pay the requisite fee OF 90
cents for making the alteration and
died In July 1901. The eontestlng
claimants then carried the case into
the courts The insurance company
iiled bill Of interpleader and paid the
entire amount OF money into the court
and was discharged from all liability.
Upon trial being had. judgment for
the entire $1,000 was awarded the de.
fendant. Laura Dillon, and the plain
r tin appealed. In the trial II was dis
closed that the old certificate Of
Strlngham's had not been delivered
10 the head clerk OF the Camp and a
new one issued In the lifetime OF the
I deceased as required by the amended
8 bylaws OF the organization. The court
e holds that the failure to pay the re-
r Qulred Fee inyalldated the attempted
p. transfer OF the beneficiary and that
q the payment OF the fee was condition
I precedent to substitution OF the ben
4 ehciaries, The decree OF the lower
4 court Is affrmed
4 A. l.. West. respondent, vs. Arthur
a Edwards and Thomas Edwards, appel
r lants; appeal from Marion county, r.
o 2. Boise, judge affirmed; opinion by
A Justice Wolverton.
A This was a suit TO quiet the title To
I about 5 acres OF land south OF Salem.
, of which the plaintiff was in possession
a claiming title thereto by adverse pos.
h session. The plaintiff won out in the
= lower court and the judgment OF that
T. court Is afhrmed.
q William Hicinbothem. respondent
I. vs. Inter State Savings & Loan Asso
n citation, appellant appeal from Multi
I. nomah county. A. l.. Frazier Judge
y affirmed Opinion by Justice Bean.
n This VAS case involving the sam,
,r question as was presented befor,
"A judge Boise in the Marion county cir
= cult court In the case OF w. J. Irwir
a vs. the Washington National BuildinI
IA Loan a improvement Association
a that of usurious interest charges. IN.
"A defendant company. with a home ono
h. Ia Minnesota, charging per cent IN
g. terest and per cent premium. IN
: action was brooght to compel the car
- collation. Of a mortgage. on the groun
m hat the amount secured thereby. wit
y the legal Interest had been paid. A
- appeal vas taken from a decree sni
y. taining a demurrer 10 the answer an
gsranffna fk.. ,..fl.a ..-....a a.