East Oregonian : E.O. (Pendleton, OR) 1888-current, 1909-03-01
New Judge for Oregon is As
Sured-fight Made by Ellis
Brings Results.
SENATOR CHARLES W. FULTON
MAY BE GIVEN THE PLUM
Taft's Friendship for Orcgon's Retir-
ing Senator is said TO Make His
Appointment Ccrtain-COnstimtio
no Obstacle-Will Hold Terms of
Court in Pendlcton, Medford and
Portland-CrOwdcd Condition of
Federal Court Business is Shown.

According to a special to the Sum
day Oregonlan from Washington the
house of representatives late Saturday
afternoon by vote of 14O to Sc ag-
reed to the senate amendment to the
Washington judicial bill, authorizing
the appointment of an additional Fed
eral Judge in Oregon. This assures
the final approval of the bill. which
will be sent to the president for sig
nature early next week.
Senator Fulton will be the new
judge. OF this there is no longer any
doubt, for his intimate relations with
the incoming president and Mr. Taft's
known regard for Mr.. Fulton's legal
attainments are ample assurance that
Mr.. Fulton will be offered the Judge
ship, and it is also known that the
appointment would be very acceptable
to him. Moreover, constitutional law
yers who have been looking into the
case. are now agreed that Mr. Fulton
will be eligible for appointment to
this Judgeship after the expiration of
his term in the senate.
Ellis Shows Judge Needed.
The adoption of the oregon amend
ment was accomplished in the house
only after hard fight. Representa-
tive Ellis, who made the principal
speech in support Of the amendment
today prepared data showing the
overcrowded condition of the present
court and pointed out that some re-
lief ought to be granted the people of |
Oregon. IL was unfair, he said. that |
men should rest under indictment |
four and five years without being |
able to get the speedy trial that the |
constitution guarantees them. He |
said it was also unjust that litigants
md witnesses should be compelled
n attending court to go from remote
'orners OF Oregon to Portland at
,reat expenditure of time and money.
The amendment provides for a term
If court each year at Medford and
'endleton, as we'll as at Portland.
Opponents Become Friends.
A remarkable thing about the de-
ate was the fact that the men who
cretofore We're most bitter in their
pposition to this amendment were
oday its most outspoken advocates.
he principal objector today was
Mann, who opposes
on general principles. His ,
tack was bitter and forceful but I
let with little response. Represen- I
alive Hawley closed the debate with
brief speech in support of the am 7
=
Section 6, article 1, of the Consti- c
Ition of the United States has this !
revision:
mo senator or representative shall 4
lring the term for which he was
ected, be appointed to any civil Of 4
CO under the authority of the Unit .
States, which shall have been Gre /,
ed, or the emoluments whereof !,
all have been increased, during such =
ne"
1t would seem then, that if Senator [
alton shall be appointed by Presi- !.
mt Taft to the judgship after March l
1909 (the expiration of the term
r which he was elected senator), I
$ title to the office just created by
ngress will be clear. 1t is the gem
Al assumption that the constitution
provision prevents the appointment r
the president of any member of
ngress to any office created by con-
ess during the incumbency of the -
'mber; but strict construction would al al
I'm to justify another interpreta- -
H. In any event, that is the inter- sl
citation evidently placed on this III
ovision by Senator Fulton and his w
ends br