East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-12-12

Compared with the CONSERVATION
that now exists in the legal world be-
cause the governor failed to make
holidays Of last Friday and Saturday
the hubub that arose when the tower
of Babel fell was a trifling incident
1t is held that all court terms which
were set to commence Immediately
after the holidays, but were not held
last week because the judges did not
know the vacation days we're off, are
now adjourned and that only by re-
sorting to special sessions can busi-
ness be taken up.
According to District Attorney
Phelps the law declares specifically
that should a Judge fail to open court
by 4 o'clock of the second day the
court thereby becomes adjourned for
the term. For weeks Judge Bean
and the district attorney have been
waiting for the holidays to end so
that the Morrow county term of cir
cult could be taken up Now 1t ap-
pears the session cannot be held for
the reason designated above.
The law is also very explicit re-
garding special terms Of court as is
shown by section 901 of the Bellin-
ger & Cotton code. The section is as
follows:
when a term of the court is ap-
pointed by Judge II shall be done
by a general order to that effect, |
made and entered in the journal dur
ing term time, or by a special order.
made and filed in vacation, for the !
trial of a particular case, or the |
transaction OF certain business there
in specified: certified copy of
which latter order shall be served on
the parties to the case or business
specified, 10 days prior to such term.
In the former case, at a court so ap-
pointed any business may be trans
acted as II the same were a term ap-
pointed by law, but in the latter case
only such as may be specified in the
order"
In view of this section II is appar-
ent that in order to take up court
work in Morrow county Judge Bean
must first call a special session, CIV
ng 10 days notice thereof to all
parties concerned. The same is true d
II Grant county, Wallowa and many !
'ther districts of the state where the !
opening Of court sessions awaited the !
nding of the holiday period.
Special Terms Dangerous.
But, according to Mr.. Phelps, he IL
oes not want to try any criminal d
ases at a special term of circuit II
ourt. His reason is that an endless =, 4,
lumber Of technicalities, such as y
bjection to the manner of call, ETC.. 8
ould be raised by defendants =
lwyer Because of this he says he
i'll ask to have all criminal business "a
ostponed until the next regular term y,
court in Morrow county The u
lost important criminal trial now
waiting the Morrow county session "
that George Webb, charged with al
e. F. Zaspell and the dis ~
let attorney does not wish to run se
e FISK of having to try the case -. ~
vice or fighting an appeal in the "
preme court because of some tech .,
cal flaw in the proceedings. ~
1t is asserted by some lawyers Of ~,
C state that where criminal trials W.
IRE on when the holidays commenc- ~
they cannot now be tried, for the oi'
isoners were already in jeopardy. oe
1t this will not affect this district 9iN
: Webb is the only murderer now ~
'aiting trial and his case had not -.
en- started. 'o'
May Call Special Term, wa
That he will call special term of me
art for Morrow county, should bus 49,. 49,.
'ss there be sufficiently urgent to a. a.
cessitate one, was stated this after ''N
on by Circuit Judge Bean. Like
district attorney, Judge Bean =
Ids that the regular term is now go,