Daily capital journal. (Salem, Oregon) 1903-1919, 1909-07-15
GOVERNOR
APPOINTS
A JUDGE
Judge Coke, of the Second Dis
triCt, Will Try Condemnation
CeedingS in Jackson Co.

For the first time in the history of
the constitutional affairs in this
state, circuit judge has been APP
| pointed by the governor to try case
outside of that Judges designated
district, II being the case of the City
| of Medford against NJ. +. Hanley,
who is alleged To be holding up the
City of Medford by refusing to nego-
tiate on reasonable terms regarding
certain land the plaintiffs wish to
purchase for the purpose of laying a
| pipeline to furnish water to the ciu-
zens of Medford, and, so far, Circuit
Judge II. X. Hanna. of Jackson coun-
| ty, declines to call special term of
court to try the case which resulted in
a petition being filed with the secre-
tary of state requesting .Le governor
to appoint a judge to set in the case
and the governor has selected Hon.
| j. $. Coke, of the second judicial
district, to act in that capacity.
In the petition led today, the
county court of Jackson county claim
that hanley is the owner of certain
lands lying between Medford and the
location Of the sources OF the city's
water and that he (Hanley) after
being offered $4,000 for the prop
erty refused and will not sell now
under $4,000, which amount the
county court calls unreasonable and
unjust. II Is also alleged that
Judge II. X. Hanna. Of Jackson coun-
| ~, has failed TO call a special term
of court and q special term Is re-
Quested by the citizens OF Medford
In order to expedite the construction
OF the pipeline and prevent sicknss
/ from tho ~ unnnlN rhnFn
Is no reason cited in the petition for
Judge Hanna's failure to hold a spe-
cial term with the exception that Il
being his vacation.
Chapter SO, Section 8, OF the Gen
eral Laws OF Oregon enacted In the
last Legislature, are the grounds upon
which the Medford citizens base
their petition and requst for the APP
pointment of an extra Judge, which
reads as follows:
The duties and judicial labors OF
the Judge provided for by this act, I'm
addition 10 those already enumerated
In Section3 hereof, shall be To hold
such terms OF court and perform such
other judicial duties I'm any of the
judicial districts OF this state. other
than the scond, as may be required
of him, by the governor of this state
provided, that when such duties are
required OF him In any judicial dis
trict of this state, other than the sec
ond, the county Judge OF the county
wherein such duties are required
shall make application of the COVER
nor stating the reason and necessity
OF such duties, and the governor may
In his discretion thereon, direct the
said judge to go and perform the
same.
The petition also deals on Chap
ter 1877, Section /, In which Il Is pro-
vided that the chief justice OF the
supreme court can assign "A Judge
from another district To act In time
OF congested condition OF the court
work In the county In which the APP
pointed Judge shall act; provided,
however, that no judge shall be re-
quired 10 sit I'm any other district
when IL appears 10 the chief justice
that the business In his own district
requires his presence there. II Is
claimed that the chief justice has not
selected judge 10 act and that being
the case The only recourse is' 10 APP
peal to the governor. which was
done, and the governor granted the
request Governor Benson, in act
ing in his Oficial performance OF
duty concerning the matter, Is in no
discord with Judge Hanna, of Jackson
county, and as far as he Is concerned
the matter Is being harmoniously
settled