Daily capital journal. (Salem, Oregon) 1903-1919, 1915-10-06
JUDGE BUSHEY SAYS
GRAND JURY REPORT
is SPITE WORK"
Another Motive Behind Report
| Says Head Of Marion
County Court

Judge Bushey characterizes the re-
port of the grand jury scoring the
county court as "spite work" on the
part Of other parties who prefer to
remain unknown but who are well
known TO the county court Judge Bush
ey says further that since he asked
District Attorney Ringo to bring a suit
and the latter refused that he has not
called upon the district attorney to
perform any services at all for the
county court and that he does not in
tend to.
The grand jury which reported late
yesterday afternoon scored the coun-
ty court for hiring outside attorneys
in county cases and stated in the re-
port that such expenses were unneces-
sary and were prompted "solely by
the county court s deep antipathy for
the district attorney" Judge Bushey
said he went before the grand jury on
another matter and at that time when
questioned by some of the jurymen he
told them that he did not consider the
district attorney as competent as other
lawyers in town and that it was cheap
er for the county to hire outside attor-
neys and that he thought he was saw
ing money by SO doing.
| The scrap between the county court
and the district attorney began some
time ago and when a damage suit was
! filed against the county an outside at
| torney was employed. The case went to
the supreme court where it was held
by the supreme court that the case
should have been brought by the coun-
ty attorney and none other. In the
meantime another damage suit was
filed by L. H. McManan and the plain
tiff secured judgment against the
county in justice court by default when
Mr.. McMahan quoteu the decision of
the supreme court showing that the
county was not represented by the
county attorney but by another attor-
ney
1 The county court was then obliged to
ask the district attorney to reopen the
case and Judge Bushey says that the
county court was informed by Mr.. Rim
60 that the case could not be re.opened
unless Mr.. McMahan agreed to it.
Judge Bushey contends that the court
is to rule upon such matters and not
the attorney for the plaintiff and the
matter rests at this status.
The full report of the grand jury fol.
lows:
To the Honorable Percy R. Kelly,
circuit Judge:
In addition to the indictments re.
turned we the grand jury beg to
Subrft the following report in in-
vestigating certain reports and com
plants of unnecessary and extrava-
giant expenditures of county funds by
the county court in the employment of
special counsel to 90 sse legal work
that rightfully should be performed by
the district attorneys office.
The grand jury finds that the coun-
ty court has on seNuips occasions 10
nored the district attorneys office and
employed other attorneys to represent
the county in suits brought against the
county at quite heavy expense to the
county which in the opinion of the
grand jury was wholly unnecessary and
was prompted solely by the county
courts deep antipathy to the distlic,
attorneys office.
Since the grand iury's close associa.
ton with and through investigation of
the district attorneys office we are
fully convinced that he has stood ready
and willing at all times and is thor.
oughly able and competent to attend 70
all legal matters of the county that
rightly belong to his office.
therefore the grand jury would re
commend that the district attorney
take the necessary legal steps to com
pei the county court to refund to the
county treasury the money wrongfuly
expended in the emp,vynent of speciaI
counsel and would recommend that the
county court discontinue the practice
of needless employment of special
counsel
Dated at Salem, Ore, this 5th day of
October, 1915.
j. n. MCKAY, Foreman.
EARL ROWLAND.
j. f, c. rEKENBURG.
]. b. ASHBY,
F. j. WED,
+ W. FRY,
7. W. PETERSON. Clerk.
The jury after being in session sew.
erol days returned four indictments and
fifteen secret indictments. The indict.
ments are as follows; Frank C. Bishop,
charged lewd eohabitation; Herbert
Merithew, charging u statutory crime;
George 5. Yceman, charging obtaining
money under false pretenses; and Ed
keyes and Fannie Harding charging
statutory crime,
OREGON NEWS BRIEFS
Portland Saloon Held Up.
Portland, Oct 1.-TWO armed high.
waymen attempted to aold up the Arm