Daily capital journal. (Salem, Oregon) 1903-1919, 1914-12-03
Supreme Court Ruling in CIee-
ton Case Would Set MUIR
derers Free
HELD LAW IN EFFECT
WHEN POLLS CLOSED
Il Court ReverSes Itself Then
Many County Judges Lose
Their Offices

Under an opinion rendered in the
case in which the validity Of the act
of the Legislature Of 1911, which Great.
ed the office Of the sixth Judge Of the
circuit court for Multnomoh county and
named Judge Cleeton for the place. and
which the supreme court held inopera
tive because it combined the duties o
probate Judge with that of circuit
Judge and Judge Clecton vacated the
circuit judgcship to reossume his old
position Of county judge, the suprem
court also decided that the constitu.
tional amendment which was adoptol
by the people at the June election IN
1910, extending the term Of office o
county Judges frcm four to six years
became effective instanter upon th'
closing Of the polls on election day.
WIN Free Prisoners,
If this opinion Of the supreme court
holds good, it will operate outomatcal
ly to release both Lloyd II, wilkins and
John A. Ponder, condemned nurdcrcrI
both Of whose sentences have been
commuted to life imprisonment by Gov.
Sfnor r,iu Ncst IN pruer 10 uNo,u 'nu posSl
the going into effect Of the capital
punishment amendment to the consti-
tuition, for, under the decision Of the
supreme court the amendment pro,id.
ing for capital punishment also went
into effect Immediately upon the clos
ing Of the polls on November 3, cleo
ton day.
WouId oust .Tidpes
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a NICE Legal ianBle'
This is the latest muddle which hol
arisen out cf the adoption Of the cupi
tai punishment amendment and the co
incidental opinion Of the supreme
court which passed upon this very il
sue in connection with Judge Clecton
status in the Multnomah county courts
and Is clearly a matter for the suprcm
court to struightcn out But in so do
ing II must either reverse itself ON TN
former opinion and turn Judge CleetoI
and many other county judges out o
office peromptorily, or adhere TO th
former opinion ard turn both Wilhin
and pcnder loose,
That the question viii be brought u
for decision Of The court there can b
little doubt for It has been intimute.
that Attorney John A. Logan, on be
halt Of pender will make applicable
Ito Governorelcct Withycombe TO
Pondcr's absolute freedom on eonstitu
ton grounds and In event he fails !
this, he will try the mOttcr out In th
courts, II ~ also said that wilkins J
prepared to stand upon his constitr
tionHl rights In the hopes Of gaining IN
ubHolufp fTpnUUm mud thp uuUuiiOu tNi
nrnhnLi,, bo brnugbt nm snutr,lv In an