Capital journal. (Salem, Or.) 1919-1980, 1919-12-15
P[R-HOLlDAYS TO
Bt BUSY OCCASION
IN SUPRLNt CURT

- ="
with at least three cases OF state .
,r.de interesvup for argument, togetn-
Nth a number of lesser moment !.
far as the general public is concern
q rho supreme court calendar for the /.
so,4b coming week gives assurance OF
n,,sv pre-holiday session for that bo-
dy. - nt,,,,,o
-, Rannett. which is scheduled for
.re,,ment before the supreme court on
r.,a,day. This is suit brought TO test |
49, constitutionality of the state bank
49, law. wherein the state superintend
10 of banks and the state banking
toard are given discretionary powers
relative to the granting OF charters TO
new banks
Cause Is Reviewed
The case is the outgrowth OF the re-
$40, of viii H. Bennett, state super
intendent Of banks, backed by the
state banking board to grant cnar-
ter to l.. A. Bass, s. A. Muikey ana
cthers for q new bank to be establish
- at st. Johns under the name Oh the
rank of Commerce.
Rannett's refusal to grant the CHAR
+.r was based on the lack OF suffi-
c,snt nusa.ess to justly third pank
a., onneal to the state banking board
pannatt's decision was upheld. Bass
Mulkey the other stockholders inter
as.. ,1, Inc new insultulion, tnen tooi
the case into the Marion county cir
.,,,,t court on a mandamus proceedin
to compel Bennett to grant the cnar
Tor This contention was upheld by IN
ss-..,.t court and Bennett was ordere
70 grant the charter.
Bennett Takes Appeal
Bennett has appealed to the 81
preme court, basing his appear on tn'
saction of the banking law when az
c,ares that IF. in his opinion, the o
yanization of such bank is ]ustiiie
Sa shall forthwith issue to such bar
Sc. a charter to do a banking pus
ness" EEK
should the supreme court affir
.ha dacision of the lower court a.
doc,are this section of the panKi
law unconstitutional, the act wiii,
is believed, be equivalent 10 strippi
tho banking department entirely Oh
Is discretionary powers, and VIII thl
tho door Wide open for the organi'
t;on of hanks in any community
gardless of the need.
s,ta.us OF Governor
In point Of general interest the
Of the s,ate ex.rel, VS. Olcott' pe'i.
in mandamus to test out the STATUS
Ran w. Olcott as governor, whlch
he IN for argument Thursday Dec'
her 18. no doubt ranks first. me
lion is brought by G. M. Roper,s
Medford. district attorney for Jach
county upon the instruction OF Az
~ Csaneral Brown. and seeks TO G
re1 tbe secretary of state to incl
4he office Of governor in the us
state officials to be voted on ''
urinary election next May.
Acting upon the advice OF A.'o
canaraI Brown to the effect ina
nead EXISTS for the election OF
or,,or st this time, inasmucn as
colt Is governor in fact to serve
the unexpired term OF 'he -
ernor withycombe. the secretal
states office has omitted the - :
of governor from the list OF OF
certified to the various county
an the list to be voted on at 'he :
coming primary election. 40.
Claim Term Ends In lS2l
poharts. In his petition for a
NJ ,rondamus to correct this omi
Soc,oraz that Olcotts term expil
100, ana seeks to have the OIL
yovarnor included In the list a
t;vne when the status OF oic'
governor was up for consioera..
the ,rambers Of the supreme cou
for,a too members refused to E
thanae,ves on the point OF y
tenure In office, on the grouh'
the question was not properly
the court :. .ha
Only three members OF lno
held that Olcott was goVerho,
to serve out Withycompe
term. two others holding ina. !,
eessor should be. elected as Va
general election. ..to,
The present mandamus ac'io
rarded as. placing the issue y
before the court.
Road Interest Seen !.
OF somewhat lesser interes,
ruh,ic Mt large but nevertnel
garded as involving an issus u,,
preme importance to the hsA
teresHa OF the state. Is the case
~, u Olcott. which Is up 70
mant before the supreme 9
Monday. December 22. In u
the state highway departmen.
ing the courts interpre.auo,. !.
Bean-Barrett act OF lsli. =
with reference to the extene
the state board OF controi ma.
der the provisions OF tnis ac' :
ing federal appropriations
roads and forest projeSAs.
Hos~ I1o You Feel