Daily capital journal. (Salem, Oregon) 1903-1919, 1909-12-21
M'BRIDE
DECIDES LAW
is VALID
Can Increase the Supreme
Court Judges From Three
to Five If They Wish.

The supreme court of the state to-
day rendered decision in which it
sustains the constitutionality of
chapter so of the laws of 1909,
which act provided for the increase
of the justices of the supreme court
from three to five, and also provided
for the immediate appointment of
the two additional justices by the
governor. The act was passed at the
last session Of the legislature, and
Immediately after it became law the
governor appointed as associate JUS
tices to Justices Moore, Bakin and
Mcbride, Justices king and Slater,
and they took their oaths of Office
on February 12, 1909, and entered
upon their duties.
The constitutionality of the act
providing for the increase of the
court and the appointment of the
additional justices was attacked in
the case of the State of Oregon VS..
Sam Cochran, who was convicted or
violating the local option law in Multi
nomah county, and by reason of the
fact that the seats of the two JUS
tfces were involved, the case has
been watched with interest by the
lay as we'll as the legal fraternity,
and the decision eagerly awaited.
When the case of Cochrane came be-
fore the supreme court on appeal
the opinion reversing the decision Oh
the trial tribunal was prepared by
Justice King, concurred in by JUS
tice Slater and Justice Mcbride. JUS
tfce Eakin rendered a dissenting op1n
ion, which was concurred in by JUS
tice Moore.
After this decision Attorney-Ge
al Crawford and one of the deputy
district attorneys OF Multnoman
county, on behalf of the plaintiff, by
a motion called for the issuance Of
a writ of mandate affirming the
judgment of the trial court In the
case, thereby raising the constitu-
tionality of the act increasing the
supreme court.
The contention by the attorney
general was that the lawfully consti-
tuted court consisted of Justices
Moore, Justice Eakin and Justice
Mcbride, and that therefore, in the
decision of the case of Cochrane, on
appeal, Justice Moore and Justice
BalSin constituted a majority of the
court and that their dissenting opin-
jon should be treated as the majority
opinion; that the act providing for
the appointment of Justices King
and Slater was invalid, and submit
ted much authority in behalf of their
contention.
The opinion sustaining the con
stitutionality of the act is written by
Justice Mcbride and very voluminous
After a careful consideration and
weighing of the authorities submit
ted on the question. Justice Mcbride
sustains the act, and in the course
of his decision uses the following Ian
guage:
1--WE hold that the law-making de-
partment may increase the number
constituting the supreme court; that
the supreme courts are necessarily
separate and distinct in their pow
ers and duties, and the duties are
clearly pointed out The number
may be increased to seven at least,
bat whether 1t may be increased in
excess of that number we express no
opinion"
Jublltt E4dhln anu JuoAANN NAOOAN
concur in the opinion.
Other Decisions.
Besides rendering a decision in the
ease of the State of Oregon against
Sam Cochrane. the supreme court al
so rendered a decision in the case OF
Henry Ollschlager, deceased, and
Theo. M. Barr, administrator, against
j. M. Widmer, ct al. This was an ap-
peal taken from the court Of Judge
Galloway. and his decision is affirmed
The case was a contest over the dis
tribution of the estate OF Ollschlager,
estimated at $21 900, the legality Of
the marriage of Ollschelger to Miss
Mary ISABELLA Hamker being attacked
by collateral kindred. The decisions
holds that the evidence Is not sufti
Gent to show that the marriage was
invalid.
In the case of the state against
ID. II. Williams. who was dismissed
for failure to file within the proper
time the papers pertaining TO tho
appeal with the clerk OF the court
\ In the case OF the State against IRA
Brinkly who was convicted Of cat