Daily capital journal. (Salem, Oregon) 1903-1919, 1915-01-19
The Supreme Court ReVerses
Judge Benson In Famous
Ten Hour Law Case
NEEDED REPAIRS MAY Be
MADE IN TIME FOR WORK
Other Important Rulings Are
Made By Highest Court
Of State

Holding that when en- employe of
factory, mill or workshop within the
meaning of the ten.hour labor statute.
IL employed in the making Of needed
repairs to the machinery of plant
over the ten.hour limit is not viola.
ton of the ten.hOur workday law, the
Supreme court this morning reversed
the decision Of Judge Benson, of the
circuit court for klamath county, and
discharged the defendant in the case
of the state VS.. James Young, opinion
by Justice Bean.
This is a case in which Young, who
owns and operates sawmill in Lake
county, was convicted in the trial court
OF violation of the ten-hour law in en-.
ploying one William Harvey for more
than ten hours in one day without pay
nent for overtime. II was shown that
Harvey was engaged in making needed
repairs to the machinery after regular
working hours. The whole question
rested upon the Interpretation of the
word necessary" which is contained
IN one Of the exemption clauses of the
act and the court holds that any re.
pairs that are needful to the machinery
Of any plant, which, 10 not made in
time to avoid serious accident might
involyc danger to life and property, are
necessary" within the mcuuiag Of
the statutes, and while the defendant
Is discharged from violation of the
statute, the ten-hour law is also IN.
held.
On the ground that It IL apparent
that two executions were attempted to
be filed upon ono judgment and the
same property In satisfaction Of iudo.
tnent for olimony Justice Benson. OF
the supreme court, ordered that thf
second writ Of execution against the
property Of G. u. I.ampman and re.
versed the decree Of Judge Kelly Of the
circuit court for Marion county. The
suit for attachment was brought by
Kathleen Lompman, divorced wife Of
the defendant, G, y. Lampman.
Opinions in other eases wore;
Harry stires, appellant, vs.. Benin.
min r. Sherwood, ct. AL, appeal from
Multnomoh county; W. N. Gatcns.
iudgei appeal dismissed. Opinion by
Justice Burnett.
FIX parto Jung shing, alias Louie
Hing, writ Of habens corpus; dismissed
by Justice Harris
John BurggrOf, respondent, vs.. Mol.
" and @. w Brocha; from Multnomah
county, Judge Davis affirmed. Opip.
ion by Justice Eakin.
Dubois Lumber Co., appellant, vs.
Olatsop county, ct. AL; from Clntsop
eountyi Judge Eokin affirmed. opin.
ion by Justice Bean.
Il, H. Anderson ct. nL, plaintiffs and
respondents, VI, Grant Phegley, defend.
ant, and Emmd G. Robinson, appellant,
from Josephine county; Judge Call,ins
affirmed. Opinion by Justice Harris.
u, X. Duester and H. @. Rasen. Of
1lg respondents, w. p. A. Alvin; from
Multnomoh county; Judge Kavanaugh
affirmed. Opinion by Chief Justice
Moore.
klamath Lumber company, appellant
Va. stella NJ. Bamber and husband
from klamath county; Judge Bean nf,
firmed. Opinion by Justice Burnett.
Petitions for rehcaring were denied
IN the eases Of Mccarthy Vs. Helblinp
emotion TO recall mandote); Gantcn
beiu VS. Westj pfciffer vs. O..w. r. &
N. Coz Joseph Milling Co. w. Joseph
striker vs.. p, r., H. & p, Co.; state
w. Chapini sharkey w. Portland Gai
\ Coke Co; Van Brake Va. State
Board Of Health; School District No
a. vs., Lena s. Veateh.