Daily capital journal. (Salem, Oregon) 1903-1919, 1904-01-02
THE COURT
OF LAST
RESORT

the crowning structure Of the judic-
iary department of our state govern.
ment, and the last resort for final ar
btramcnt OF legislative experiments,
conflicting commercial interests and
all the political and economic policies
Of the commonwealth. Composed Of
three learcnd men elected for terms
Of six years each, 1t is a continuous
body, ono going out at time. The
present court is composed of Justi.
ces Bean, Wolverton and Moore, the
latters term expiring next year.
The court is in almost continuous
session, holding four terms a year.
excepting a short vacation in August.
Twice a year the court holds terms
in Eastern Oregon May and Novem.
Der, staying at Pondloton for one or
two weeks, as the causes heard thcra
may require, and then returning to
Salem where the State Library is To-
Gated and the court writes and rem
ders it's opinions to the public
Tho court sits formally on Tue5-
day, Wednesday and Thursday Of
each week, their entrance into the
supreme court chamber being au-
nounced with due pomp and solemn
ity by tho balllff or crior Of the aug
lst tribunal The opinions complct-
id since the last session are then an
nounced by the chief Justice, handed
over TO tho court reporter, pounced
upon by the newspapers and become
the property OF the public. The court
hears presentation by oral argument
Of two cases each day II sits, and en-
| tertains motions and makes orders
at these sessions. Each Justice Is
supposed TO grind out two opinions
week, although important and diff
cult matters of litigation often re-
quire from four to six weeks consld.
Grafton. In Importance they range all
the way from an appeal in a $3.50
calf lawsuit in a justice cour.. to
consideration of an amendment to the
constitution like the initiative and
referendum now pending and to be de-
cided before the end of December.
The court is we'll up with It's work
and there are I'm all about twenty
cases set for trial at the close of the
year. A few years since the court
was far behind, but Il cessation of
trivial litigation has reduced the la.
bors Of the court, and on an average
It now turns off nearly two hundred
opinions year Politically speaking
the court has been composed entirely
Of republicans since Justice r. A
Moore succeeded EX-Justico Strahan.
the last democrat on the Oregon su.
preme bench. I'm 1892. Moore was
reelected in 1898 and his term ex-
pires in 1904. Whilethe court are all
Of one party politically, they have
the reputation. and we believe Il is
deserved. of boing an impartial body
Of iurista being able, upright and
fearless, never hGsty, never partisan.
and swayed by neither politics, re-
ligion or business interests, a court
where the poorest man can get his
rights anjudlcated on equal terms
with the wealthiest. Thore seems to
be no disposition TO contest Justice
Moores denomination at the hands OF
the next republican state convention.
Writes the Decisions.
There is a popular misconception
that the supreme cour- renders "de.
csions" on the cases brought before
II, but that is not the fact The court
prepares opinions and the clerk OF
the supreme court writes the docis
ions. II Is frequently the case that
the decision" is longer than the
opinion Il is the duty OF the clerk
OF the court TO take the pleadings In
a case and determine from them the
Issues involved in the litigation. He
then takes the opinion Of the court
and applies II TO tho determination OF
what has really beel decided and
these findings OF the clerk are the
decision" in the case, extended on
his record The importance OF this
service cannot bo oyerestimated, and
especially in intricate equity cases.
Tho present clerk is ]. j. Murphy, the
oldest employe OF the court He is a
very exact and methOdical official AS
before stated he prepares the DEGREES
and judgments OF the court, keeps
the record Of each case, with a record
OF the motions and filings, and sends
down the mandates 10 the lower
courts. 1t is a matter Of history that
the court has had but two or three
times In twolvo years to recall
a mandate for correction OF any cler'