Daily capital journal. (Salem, Oregon) 1903-1919, 1914-12-22
GAUTENBEIN GETS
PLACE ON BENCH
Supreme Court Holds Law
Creating Sixth Judge Is
Valdid---0ther Cases

V0Aulu UllACl OdSGS
Holding that the act of the legisla-
tive assembly of 1913, creating the
sixth judge of the circuit court for
Multnomah county, is clearly within
the meaning of the constitutional inhi-
bition, which provides that "every act
shall embrace but one subject, and mat
ters properly connected Herewith,
which subject shall be expressed in the
title, but If any subject shall be EN-
braced in an act which shall not be
expressed in the title, such act shall
be void only as to so much thereof as
shall not be expressed in the title, "
the supreme court this morning, in an
opinion written by Justice Mcbride,
held that portion of the act valid
which created the additional iudgeship
and held that Judge G. U. Gantenbein,
who received the majority vote for the
office was entitled to receive certi-
ficate of election and commands Gov.
ernor West to issue the necessary ere.
dentials.
This is one of the cases which arose
over the controversy regarding the con-
stitutionality of the act which Great
ed the office and appointed County
Judge Cleeton, of Multnomah county,
to fill the office created and in which
the supreme court held the act uncon-
stitutional insofar as it attempted to
merge the business Of the probate court
with the circuit court and Judge Clee-
ton retired from the circuit iudgeship
and resumed his former office of coun
ty judge. When Judge Gantenbein ap.
piled to Governor West for n certifi
cate of election it was refused him on
the ground that the entire act was un.
constitutional and void and mandamus
proceedings were instituted by Judge
Gantenbein in the supreme court to
compel the issuance of the certificate
and in this he was successful
In an opinion written by Justice
Bean of the supreme court the decree
of Judge Cayanaugh, of the circuit
court for Multnomah county, in which
W. II, Chaplin, Of the firm Of Chapil.
Herlow Bond and Mortgage company
of Portland, was convicted of the
crime of larceny by baileo Of $500,
the property Of William and Marion
Grace which were turned over to the
defendant company for investment,
was affirmed, which means that the
defendant Chaplin will be required to
serve sentence Of one to five years
in the penitentiary unless some higher
power than the supreme court inter
venes to prevent.
In the case of the state Of Oregon,
upon the information of l.. A.. Lille.
quist, attorney for Coos county, W., H.
h. johnson, et al, respondents, in
which the validity Of the election ere
ating the corporation Of the Port OF
Bandon was upheld, the supreme court
affirmed the decision Of Judge John
S. Coke, of the circuit court for Cooi
county in an opinion written by Jus
tice Eakin.
Other opinions handed down by tho
supreme court this morning were:
George M, Hyland, appellant, W, Or
egon Hassam Paving company, appeal
ed from Multnomah county, action L
recover d commission mnnls5slo IRON rom ,, utl enuun' mum
Hamilton affirmed
! " J. UiDert W. anton ulcplsgn o'
al, appellants Appeared from Mul'no
man county aet'oh IGr uo,nugSS 10
peISonul injuries, oPinioh Wy Moore
Circuit Judge Coko affirmed.
! nhuyIna A HhuIyurtpl nVaNpu
oherles A. onauw,cN vs. Vrcgon
washington ha,lroau @ EuyiBatioi
company appeilont uPpSolou ps IRON ron
Mnlthomah county ue'ion ior RorSonu
IUUWNRPhi uIlUluU ny buNll'N bulHNll
Circuit Judge Davis reversed.