The U.S. District Court of Historical Society Newsletter Judicial investiture Judge Michael McShane: A Formal Welcome By Adair Law lthough Monday April 21, 2014 was a gray, that Judge McShane first came to Portland as a overcast day in Eugene, a kilted bagpiper member of the Jesuit Volunteer Corps to live in Apracticing outside the Wayne L. Morse community and serve the poor. Senator Wyden Courthouse in the mid afternoon hinted that this spoke of Judge McShane’s professionalism, objec- not an ordinary Monday. After passing through tivity, and fairness, noting that no one was more the courthouse’s security, members of the Eugene prepared for this moment. Audience members and Oregon legal community followed the sound knew that Senator Wyden was referring not just of the bagpipes to the formal investiture of Judge to Judge McShane’s investiture but to the case he Michael McShane, the District Court of Oregon’s would begin hearing on April 23, a legal chal- 29th federal and first openly gay judge. The event lenge to Oregon’s constitutional ban on same-sex took place in the wood-paneled ceremonial court- marriage. In his remarks, Representative DeFazio room and overflowed into an adjoining courtroom quoted from Nelson Mandela’s first court state- equipped with a video link up. Confirmed as a ment in 1962: “In its proper meaning equality judge on May 20, 2013, Judge McShane started before the law means the right to participate in the his new job in Eugene on June 3, 2013 with full making of the laws by which one is governed….” powers. This solemn, friendly and often humor- Jolie Russo, president of the Oregon chapter of the ous ceremony confers the authority and symbols Continue on page 5 of high office on the judge, and gives friends and colleagues a chance to speak of the judge’s quali- fications and poke fun, while formally welcoming the new judge to the court. It was a large welcoming committee. United States Senators Ron Wyden and Jeff Merkley and U.S. Rep. Peter DeFazio were there. Mem- bers of Oregon’s federal bench who attended the proceedings included Chief Judge Ann Aiken, District Court Judges Anna Brown, Marco Her- nandez, Michael Mosman and Michael Simon; Senior Ninth Circuit Judge Edward Leavy; U.S. Bankruptcy Judge Randall Dunn; and Magistrate Judges John Acosta, Mark Clarke, Tom Coffin, and Patricia Sullivan. There were also a large number of state circuit court judges in attendance. Chief Judge Aiken thanked them for their attendance, noting that they did the emergency work of the Chief Judge Ann Aiken swearing in Judge judicial system. Michael McShane. (Photo courtesy of Paul Carter/ Senator Merkley shared with those assembled Register Guard)

Spring 2014 1 University of President’s Message Washington and from This issue of the newsletter contains the sweep of 140 years the Harvard of northwest history, from the 1874 posting of Civil War vet- School of eran Joseph Sladen (who later served as Clerk of the District L aw (w it h Court of Oregon) at Fort Vancouver to the investiture of Judge honors) Michael McShane. In between we have a visit from our most before he recently appointed Supreme Court Justice, Oregon judges came back to receiving honors, and an article based on the oral history of a work as an path-breaking Oregon female trial attorney. attorney for Jan Dysart at the Even with the swath of history the U.S. District Court of the BPA in 2012 annual picnic Oregon Historical Society covers, we still have an event that 1949. George would be recognizable to Capt. Joseph Sladen—a country picnic. On and Jan married in June 1951 and Sunday, August 3 we will enjoy a picnic at the Leavy Family hop farm. they raised three sons, Scott, Donald The focus of our picnic is also something that would likely receive Captain and John. Sladen’s approval, honoring the staff of the U.S. Courts in Oregon. The In 1969 George Dysart brought the appearance of the band China Watch with court staff members Houston legal case United States v. Oregon, Bolles and Rick Galarneau might surprise Captain Sladen, but what’s a in which U.S. District Judge Robert picnic without a few surprises? Belloni of Portland ruled Columbia I hope that you will take this opportunity to enjoy a beautiful day, good River tribes have special fishing rights food, excellent colleagues and friends at the Leavy family hop farm in the because of 1855 treaties with the U.S. shade of some stately oaks. One lifetime member we will miss is Jan Dysart, government. That case led to the land- who passed away in December 2013. Her face, which usually carried an mark 1974 ruling, in United States v. expression of amused intelligence, was one we enjoyed seeing at our Famous Washington, in which U.S. District Cases presentations, picnics, and annual dinners. We are appreciative that Judge George Boldt of Seattle ruled that the Society has received her husband George Dysart’s archives. salmon harvests should be split 50/50 I especially want to welcome and acknowledge the commitment of our between tribes and others, including new Board members—Ryan Des Jardins, Alyssa Engelberg, Molly Honoré, sport and commercial fisherman. Tom Kranovich, Salumeh Loesch, Scott McCurdy, Stephen Raher, Jordan George Dysart was a founding Schnitzer, and Tanner Webber—who started their two-year terms in January. member of USDCHS. After his death, Finally, I’m pleased to announce that Oregon’s Federal Public Defender Jan continued attending every annual Steven T. Wax will be the recipient of our Lifetime Service Award this year. picnic, annual dinner, and most We will honor him at our annual meeting on November 6 at the Sentinel Famous Cases presentations, just as Hotel. Please mark your calendars. she had before. For Jan, there was Do not wait—mark your calendars now. Annual Picnic: Sunday, August nothing quite so interesting as other 3, 2014. Annual Dinner: Thursday, November 6, 2014. And right around people. With a quick smile and a nice the corner, the Bench & Bar Social: Thursday, June 26, 2014. I look for- laugh, she could talk to anyone. She ward to seeing you there. And be sure to check out our reinvigorated web was one of those people who had a site at usdchs.org. nice way of drawing other people out. – Steven Joncus Through George’s work on the Indian treaty fishing rights cases, he and Jan were frequent guests at gath- Remembering Jan Dysart erings at the Warm Springs Reser- By John Stephens and Adair Law vation. Jan was a big fan of Oregon uanita Dysart, known to everyone Bennett. She graduated from Corval- State baseball, the Boston Red Sox, Jas Jan, died December 15, 2013. lis High School in 1944 and attended and needless to say—Jacoby Ellsbury. Jan was the wife of George Dysart, Oregon State College. She met a young She was one of our remaining links the longtime General Counsel to the man from Centralia, Washington to the post-World War II period dur- U.S. Department of Interior in Port- named George Dysart who served ing which the federal court and the land, who died in 2002. Jan was born with the U.S. Marines in the Pacific in practice of law in Oregon became in Corvallis in 1926 to Lee and Opal World War II. He graduated from the “modern.”

2 U.S. District Court of Oregon Historical Society Waiting for the ceremony to start: Senator Jeff Merkley, Judge Marco Hernandez, Chief Judge Ann Aiken, Senator Ron Wyden, with Judges Michael McShane, Michael Simon, and Anna Brown. (Photo taken by Lisa Rockower) Right photo: Judge Michael McShane is helped with his judicial robes by his sons, Trevor Nyce, 13, and Brandon McShane, 20. Looking on, at right is McShane’s domestic partner, Gregory Ford. (Photo courtesy of Paul Carter/Register Guard)

then took the podium and showed his noting that she lives by a simple phi- Judge McShane own sense of humor by reading from losophy, serve others. He extended his continued from page 1 congratulatory emails he received thanks to President Barack Obama for Federal Bar Association and a Lewis from a Kennewick High School ’79 nominating him. He thanked Senators & Clark Law School classmate of classmate, a young man he sentenced, Wyden and Merkley for their kind- Judge McShane’s, noted that among and from Judge Bergstrom. The emails ness during the confirmation process his other qualities, he is “courageous, were very funny and all shared a and the senior judges for not dumping independent, willing to make unpopu- similar sense of surprise that he was their worst cases on him. Chief Judge lar decisions.” now a federal judge. In a more seri- Aiken closed the event and the crowd Multnomah County Circuit Court ous vein, Judge McShane thanked his adjourned to the jury assembly room Judge Eric Bergstrom, a friend and mother, who was at the investiture, for a reception. colleague from Judge McShane’s years on the Multnomah County Circuit Court, noted that he was honored MARK YOUR CALENDAR “and a little surprised to be here.” THURSDAY, JUNE 26 Known for his sense of humor, Judge Bergstrom asked the audience: What is 12:30-4:00 the difference between God and a fed- Federal Practice & Procedure for eral judge? Answer: God doesn’t think Summer Associates and Law Clerks he is a federal judge. Judge Bergstrom Mark O. Hatfield United States Courthouse then noted that, of course, God didn’t 1000 S.W. Third Avenue - Portland, Oregon have to go through a Senate confirma- (Photo I.D. Required for Admission) tion hearing. He reminded the crowd that Judge McShane would soon be 4:00-5:00 making a decision that could affect a Famous Cases Presentation: whole community—divorce lawyers. Bankruptcy in the Cathedral Judge Bergstrom closed his remarks by A presentation on Portland’s archdiocese bankruptcy cases, saying that he missed Judge McShane featuring Bankruptcy Judge Elizabeth Perris, Howard Levine, on the bench, but a loss on the state Al Kennedy, Erin Olson, and Tom Dulcich. level was a gain for the federal level. Learn about Oregon’s most complex bankruptcy litigation He also noted that McShane had the from the judge and attorneys who resolved it. gift of making friends feel like family 1.0 CLE units applied for – no charge and family feel like friends. Judge McShane’s domestic partner 5:00-7:00 Greg Ford, and two sons all assisted Bench and Bar Social with the formal robing and a family Ninth Floor, Mark O. Hatfield Courthouse embrace followed. Judge McShane

www.usdchs.org Spring 2014 3 the opportunity to speak to someone The Day I Met Justice as successful as her, I wanted to know Sotomayor her advice on how to be better lawyers Silvia Tanner and law students. She recalled Justice Lewis & Clark Law School, ’15 Steven’s words: Nobody is born a jus- lthough my seat at the Port- tice. You grow into it. Aland Literary Arts event was So, how do you become better at in the back of the what you do? Identify people whose Auditorium, as the March 11 event work you admire, read and analyze approached, my excitement grew. I their work, and seek their mentorship. was going to see Justice Sonia Soto- That’s the advice that Justice Sonia mayor, someone whose story of hard Sotomayor gave me. work and determination inspires me  so much. A couple of things led me to suspect that I might actually see the justice Supreme Court Justice Sonia Justice Sotomayor from a shorter distance. First, Chief Sotomayor. Wikipedia visits Lewis & Clark Judge Ann Aiken organized a diver- College sity event called “Behind the Robes” very exciting prospect, but nothing Adam Geisler, Lewis & Clark Law just before the justice’s talk. “Behind like what I was about to experience. School, Small Business Legal Clinic the Robes” offered students a chance For “Behind the Robes,” we gath- to interact closely with federal and ered in Judge Aiken’s courtroom at n Wednesday March 12, 2014, state judges from a wide array of the Mark O. Hatfield Courthouse OLewis & Clark Law School backgrounds. Second, Ramon Pagán, and heard Seema Patel give a very hosted an hour-long event, “Con- president of the Oregon Hispanic Bar personal and engaging speech about versations with Justice Sotomayor” Association and former clerk of the her story as a woman from a minor- which was attended by students, justice, sent me a very upbeat e-mail ity background in the United States, faculty, and staff. Justice Sotomayor about the importance of promoting her experiences in India, and her path was introduced by Law School Dean the event with Lewis & Clark stu- in the law. She works with the White Robert Klonoff. Dean Klonoff and dents. I have worked with him for House Initiative on Asian Americans special guest Rudy Aragon of White two years and that is not his usual and Pacific Islanders. & Case were both Yale Law School tone. “Okay,” I thought, “even if I am Over 100 people attended the event, classmates of Justice Sotomayor. For right, she will probably give a short a mix of students, judges, attorneys, the first half of the event, Justice Soto- speech and leave.” This was still a and children with diabetes who came mayor answered prepared questions with a doctor from Oregon Health & from her former classmates. Most of Science University. In her memoir’s the questions were centered on her prologue, Justice Sotomayor wrote background and her experiences in of her realization as an eight year-old the Supreme Court. The speakers that she would need to take respon- conversed as old friends would; each sibility for caring for her diabetes. of them taking their turn to make a When the justice arrived, the room friendly joke at one another’s expense. suddenly grew loud with excitement. The packed audience in Pamplin Gym After greeting the room, she went joined in on the laughter. around answering one question per During the second half of the event, table. When asked if I wanted to ask Justice Sotomayor roamed the audi- our table’s question, I jumped at the ence fielding questions and taking opportunity. pictures with students and staff. Her Thanks to the efforts of Chief Judge The justice wrote in My Beloved genuine, eloquent responses endeared Ann Aiken, Justice Sonia Sotomayor World that as a child she wanted to be her to the crowd as she painted a vivid came to a “Behind the Robes” event at a better student, so she asked another picture of the complex legal issues she the Hatfield Courthouse and law stu- dent Silvia Tanner had her photo taken good student for advice and success- faces daily. Justice Sotomayor used the with the Justice by Judge Anna Brown. fully implemented it. Now that I had event as an opportunity to educate the

4 U.S. District Court of Oregon Historical Society audience on the blessings and burdens Honoring Oregon District Court Judges that come with being a Supreme Court By Adair Law Justice. She mentioned that even when everal of the judges of the U.S. Award from the Oregon Hispanic Bar she wins a case, she still feels deeply District Court of Oregon have Association. The award originated in for the other side because she knows S received honors in 2014. 2006 and is named for Oregon’s first that they “lost something they were Medford-based Magistrate Judge Hispanic Chief Justice, who is also passionate about.” Justice Sotomayor Mark Clarke received the Oregon the award’s first recipient. spent the entire hour answering ques- State Bar Litigation Section Owen The award is given to individuals tions and letting the audience have a M. Panner Professionalism Award who elevate the practice of law by small glimpse of her life as a Supreme in March. Judge Anna Brown, Judge a combination of attributes such as Court Justice. She was escorted by Clarke’s former law partner Tracy exemplary professionalism; contribu- several members of the U.S. Marshals McGovern and his former law clerk tions to the justice system and the pub- Service. Justice Sotomayor noted that Karen Clevering spoke on his behalf. lic; courage in the face of adversity; the marshals were probably not happy When asked about the award, Judge outstanding service to the bench, bar, with her roaming the crowd taking Clarke noted that Judge Panner has and people of Oregon; exceptional questions, and it appeared that she been a respected friend and mentor volunteer work and community ser- was right because they followed her for many years. vice; outstanding efforts in providing closely. She was walking around on Judge Clarke writes: “He has taught free or low cost services to the poor; a leg that she injured prior to coming me many things about being a judge, significant contribution to advancing to Oregon. but more importantly, about our pro- legal education in Oregon; dedica- Although there was a disclaimer at fession and how to fairly treat people. tion to mentoring students and legal the beginning of the event informing First, we have one of the best profes- professionals; and exemplary dedica- the audience that Justice Sotomayor sions because we have the opportu- tion to the OHBA and to the Latino would not discuss any current cases, nity to help people. Second, we do not community. she did not shy away from sensitive lose our humanity when we became Judge Hernandez writers, “Justice topics altogether. For example, she lawyers or judges. Third, protect your De Muniz is a great example of all was not afraid to address the lack of integrity at all times. Fourth, we all the things the award celebrates. Since diversity in the Supreme Court. At a do serious work but should never lose 2006, the award was given each year breakfast prior to the event, Justice our sense of humor. Finally, attitude to amazing members of the Hispanic Sotomayor pointed out that four of is important and although our pro- legal community. I am very humbled the nine Justices are from New York, fession has challenges, we are privi- and flattered that the OHBA chose me “and one is from New Jersey,” she leged to be lawyers and judges and to be its 2014 Award added with a laugh. Being the third should enjoy it.” winner. My wife and I still can’t fig- woman and the first Hispanic to Judge Marco Hernandez received ure it out.” become a Supreme Court Justice, it is the Paul J. De Muniz Professionalism Continue on page 8 interesting that she chose to address the lack of geographic diversity in regards to the justices’ background instead of the popular ethnic focus on the word. Her unique perspective on diversity illustrates her ability to think outside of the box and high- light issues she believes are important for the United States. Her outspoken nature is one of many qualities that led to her confirmation to the Supreme Court in 2009. During the event Justice Sotomayor promised to visit again, much to the delight of the audience. She joked Left. Bankruptcy Judge Elizabeth Perris with OWLs President Kathleen “Only next time, it will be without Hansa Rastetter. Right. Judge Marco Hernandez receives award from OHBA a limp.” board member Ramon Pagan. Photos courtesy of OWLs and OHBA.

www.usdchs.org Spring 2014 5 Noreen Kelly Saltveit McGraw: Trail-Blazing Trial Attorney By Heather Van Meter This article is based on an oral his- with her father in Medford. With full judge. The trio appeared on the popu- tory conducted by Diane Rynerson confidence in his daughter, Edward lar game show, “What’s My Line?” in May 2000 and on additional C. Kelly sent her off to try the case McGraw quickly became a high pro- research as well. It is on file with right after she began work, thus start- file single woman in a small town, the Oregon Historical Society on ing her historic legal career as one of and was itching to get out of the “fish behalf of the U.S. District Court of Oregon’s first female trial lawyers. bowl.” In 1960, with many trials and Oregon Historical Society. As with She started her pioneering legal career an case under many women attorneys, McGraw in the hot seat, defending a drunk- her belt, she moved to Portland. has had more than one last name in driving case in Phoenix, Oregon with her career, including Kelly and Salt- a “hanging judge.” McGraw learned Getting Established veit, while we use her current name at her father’s right hand how to try McGraw found it challenging, in in this article. cases. When her father was appointed the pre-Civil Rights era, to land a to the circuit court for Jackson and job in Portland despite her extensive oreen Kelly Saltveit McGraw Josephine counties in 1957, McGraw trial experience. During interviews, Nwas born March 7, 1932 in asked her brother Bernard (also a law- she was asked if she wasn’t just going Medford, Oregon to a lawyering yer), to join her at their father’s large to have babies and quit, or if she family. Her father Edward C. Kelly law and litigation practice, which he would be happy as a “glorified legal was a second-generation lawyer and did. During this time, McGraw served secretary” or doing library research. later a respected judge. She attended as the city attorney for Gold Hill and She was firm that she wanted to try Marylhurst College as undergradu- also as the Medford municipal judge. cases. Ultimately, she sent 35 to 40 ate and went on to, the University of She recalls the mayor wanted an ide- resumes out, had 10 to 12 interviews, Oregon Law School. She was a politi- alistic person as city judge, someone and eventually had one job offer, try- cally active Young Democrat and she who would allow the parties to say ing cases for Oregon Attorney Gen- graduated in 1955. McGraw gradu- their piece. eral Bob Thornton as the state’s only ated from the At one point, McGraw and her female trial attorney. McGraw happily Law School, passed the bar, was brother Bernard were both city judges joined the group of young attorneys sworn in, and began practicing law and their father Edward was a circuit trying cases in Multnomah County and all over the state, gaining accep- tance and respect along the way. She tried personal injury and SAIF cases against Frank Pozzi, Dan O’Leary, Don Wilson, Don Atchison, Chuck Paulson, Burl Greene, and many other plaintiff’s attorneys. McGraw married Carl Saltveit, an assistant labor commissioner, in November 1960. In 1961, the Wil- liam “Smoky” Humbird case—a big break for her—came her way. The plaintiff’s nurse disliked Hum- bird and called McGraw to tip her off to a “Bonanza-style” shootout reenactment Humbird was playing in just two days before his trial seeking permanent total disability. McGraw took a train with her husband Carl to watch and take notes on the event, Assistant attorneys general, Carlotta Sorensen, Noreen Saltveit, Catherine with Humbird crawling around on the Zorn, Jean King and Bonnie Mentzer. (Photo courtesy of Oregon Historical Society, OrHi 105429) ground. She tried the case two days

6 U.S. District Court of Oregon Historical Society Larry Aschenbrenner, and Char- lie Merten to start a public-interest law firm. McGraw, who spoke flu- ent Spanish (having spent a year in Mexico with her family in 1966) and had the Kemper Insurance work, was a great asset to the new firm. After two years, Marmaduke joined the new Tonkon Torp & Galen firm, Aschenbrenner went to work for the Department of the Interior on Indian affairs, and McGraw and Merten started their own firm. The migrant worker class action case, and perhaps the 1970s in general, fueled liberal Catholic Democrat McGraw’s pas- sions for social justice, she recalls: Oregon Women Lawyers’ Fall Board retreat, Lincoln City, 1994. McGraw …when I think of those times… is in back row with dark sweatshirt. Photo courtesy of OWLs it’s funny because I can see that the ’70s—we all had a feeling that later against Frank Pozzi, before then- ney General’s office and opened her social justice was achievable and circuit Judge Herb Schwab, dragging own office, also a rare event for a that it was a great time to try to her cross examination until just after female at the time. She signed up for achieve it, and it was sort of now lunch, then zinging Humbird with the criminal appointments list, and or never. And the reality was, the events two days earlier. The jury was appointed to several criminal that that was the truth. Because enjoyed the show, and did not award cases before U.S. District Judge Gus when you got into the ’80s, there permanent partial disability. Solomon. McGraw found that Judge weren’t the possibilities of reform In court, McGraw learned to be Solomon treated her as slightly infe- from within, nearly as much as professional but firm when opposing rior as a female attorney. He would there were in the ’70s. The ’70s counsel was disrespectful, objecting to call her at home asking her how she were kind of a rough-and-ready the court if an improper remark was would prove certain elements of her time when you could try all sorts made towards her based on the canon case. She thought “What do I have of new things and new theories of ethics. She faced some cantanker- to do to prove myself to this guy?” and battle, and do your share of ous judges and smarmy attorneys There were few other female trial winning, and feel like you were early in her career, but also faced wary attorneys in those days, Neva Elliott really accomplishing something. jurors, especially the female jurors. doing criminal cases, Mary Vershum With female attorneys still being such in Gresham, and Aggie Peterson in One of the firm’s clients was a a novelty, McGraw soon realized St. Helens. There were so few female woman (represented by Owen Blank, that female jurors worried that she trial attorneys that McGraw was often who was then working for the firm) would not be prepared or would not mistaken for Aggie Peterson, although who had paid the Multnomah Ath- do well. She worked diligently to be they looked nothing alike. McGraw’s letic Club membership dues for years prepared and present a strong case, solo practice included workers’ com- for herself and her husband. When and she could tell the jurors, female pensation cases, a growing practice the couple divorced, she lost, among and male, would relax about halfway area, and she was Kemper Insurance’s other things, a Multnomah Athletic through trial once they realized she primary workers’ compensation attor- Club membership, because at that could hold her own in the courtroom. ney for over a decade. time women could not hold their own Noreen and Carl Saltveit had three memberships. McGraw’s firm sued sons and a daughter during the 1960s. New Challenges and the Multnomah Athletic Club, She worked half time with Attorney In 1971, soon after winning a which eventually changed its rules to General Thornton’s permission (some- major migrant worker class action allow women to hold memberships in thing legal employers rarely do even case, Moreno v. Tankersley she was their own names. today). She eventually left the Attor- approached by Don Marmaduke, Continue on page 8

www.usdchs.org Spring 2014 7 human conduct, and his difficulty in been awarded Noreen S. McGraw watching ill-prepared trial lawyers with the Ore- continued from page 7 handling cases. McGraw seriously g o n S t a t e McGraw was active in liberal considered the bench, but ultimately Bar’s Award politics throughout her life, start- was pleased she did not give up her of Merit. ing at Marylhurst College then at role as advocate. McGraw and Merten I n 1 9 9 7, University of Oregon Law School, maintained their partnership until Noreen took later taking up migrant worker and they amicably split in 1982, when she a month-long farm labor issues. She once attended once again opened a solo practice. She around-the- a meeting with Cesar Chavez and a became the first female head of the world trip, Noreen K. Saltveit prayer vigil at the state Capitol just Oregon State Bar’s Continuing Legal where she met McGraw, 2014 prior to Governor McCall’s coura- Education committee, and worked another trav- geous veto of a restrictive farm labor as an editor on some publications. eler—Dr. William R. McGraw, a bill in the mid-1970s. McGraw also McGraw also began doing media- retired university professor and aca- recalls more women coming into the tion work, and became involved with demic dean from Ohio. They mar- practice of law in the 1970s, includ- Oregon Women Lawyers, at Aggie ried in 1998 and moved to Prineville, ing Katherine O’Neil, Sue Reese, Kris Peterson’s urging, and served on the Oregon in 2000. Noreen McGraw Rogers, Susan Hammer, and Gayle OWLS’ board from 1992 to 1995. She now lives in San Diego, still practic- Troutwine. McGraw recalls a din- attended the Oregon Women Lawyers’ ing alternative dispute resolution on ner party at ’s first dinner, at the Benson Hotel, and a part-time basis, as well as traveling house discussing the Multnomah Bar was blown away by the numbers of and spending time with her family. Association’s sexist leadership rules women in attendance. Simultane- changes, which were made just before ous to her service on the Oregon the first female, Virginia Riley, would Women Lawyers’ board, McGraw have become president. McGraw was elected to the Oregon State Bar Honoring Judges continued from page 5 commented, “‘Oh, yeah, just about Board of Governors, serving 1992- the time a woman will finally have 94, and as vice president her last year Bankruptcy Judge Elizabeth Perris a chance to become president, you on the board. As she gained insight received the Justice change the rules and prevent her from on how to become a bar leader, she Award from Oregon Women Lawyers being it.’ And there was sort of this then used this knowledge to provide in March. The award was named for shocked silence, but it was so obvious Oregon Women Lawyers’ members its first recipient, Justice Roberts (the it was just terrible.” with information on becoming lead- first woman to serve on the Oregon ers themselves. McGraw subsequently Supreme Court) in 1992. The award Growth of Women Lawyers served on the Multnomah Bar Asso- recognizes an individual who has McGraw’s reputation in the legal ciation’s board, and more recently has made an outstanding contribution to community was strong enough in promoting women in the legal profes- the 1970s that she was approached sion and in the community. for several different trial court and Judge Perris writes, “I was very sur- appellate positions, including the prised to receive the award because new Oregon Court of Appeals and encouraging women to pursue legal the U.S. District Court. She felt a careers and advancement opportuni- woman should be appointed to the ties, plus opening doors is the right District Court, but was reluctant to thing to do. It has been gratifying seek the position knowing her friend to witness the career development and law partner Charlie Merten also and success of the many wonder- was interested. Ultimately, Helen ful women lawyers I’ve known and Frye was appointed as the court’s worked with over the years. It is hum- first female judge. McGraw’s deci- bling to be included with the group of sion also was affected by memories past recipients, who are women and Judy Henry, the second female of her father’s circuit court work. president of Oregon State Bar with men I have respected and admired for She recalls his difficulties handling Noreen McGraw, 2007. many years.” juvenile cases involving the worst of (Photo courtesy of OWLs)

8 U.S. District Court of Oregon Historical Society Joseph Alton Sladen and his House of Stories By Adair Law

Many thanks to Christy Weller for praying or Christian general. A math Martha Frances Winchester of Lowell, providing the first push down the instructor at West Point, he was con- Massachusetts. path of this article. Information came templating becoming a minister when General Howard was put in charge from Making Peace with Cochise: the the war broke out. His right arm was the Bureau of Refugees, Freedmen, 1872 Journal of Captain Joseph Alton amputated in 1862 after severe battle and Abandoned Lands (the Freedmen’s Sladen, edited by Edwin R. Sweeney, wounds. Private Sladen remained with Bureau) which was created by Congress and foreword by Frank J. Sladen, Jr. General Howard’s detail and in 1864, in March 1865. The bureau was cre- University of Oklahoma Press, 1997, during Sherman’s March to the Sea, he ated by the War Department to assist conversations with Bob Wagner, and won two brevets and a medal of honor blacks and whites in the transition additional research. for distinguished gallantry in the May from slavery to freedom in the South. 14, 1864 Battle of Resaca, Georgia. By General Howard was a great supporter n 2000 after several years as legal the end of the war Sladen had risen of education for the recently freed Icolleagues at the firms Schwabe to the rank of first lieutenant and on slaves and was able to start several Williamson and Hoffman Hart & March 26, 1866, he was mustered out colleges and training schools, includ- Wagner, David Miller and Robert of the volunteer service. The next day, ing Howard University, which was Wagner decided to “shack up,” as he received an appointment as second named for him. Lieutenant Sladen’s Wagner puts it, and start the Miller lieutenant in the 17th infantry. Later assignment with General Howard Wagner law farm. The shack they chose that year on November 29, he married Continue on page 10 for this endeavor is a stately build- ing at 2210 NW Flanders designed by Portland’s first architectural firm Whidden and Lewis for their client Joseph Alton Sladen. Built in 1897, the house had seen better days, but Wagner enjoyed refurbishing older homes. The building was bought under an LLC named N2Deep, a fitting moniker since it perfectly describes the feeling of anyone researching the history of the people connected with this building. Joseph Alton Sladen was a man who spent his life in the assistance and orga- nization of others as a foot soldier, army aide de camp, and a clerk for the U.S. District Court of Oregon. Sladen was born in Rockdale, England in 1841 and settled in Lowell, Massachusetts with his parents in 1846. He was of average height for his time, about five feet six inches tall, with light hair, a light complexion, and hazel eyes. He signed up as a private in Co. A of the Massachusetts 33rd Infantry in August 1862. He fought at the battles of Chancellorsville and Gettysburg in 1863. At Gettysburg he became part of Gen. Oliver Otis Howard’s detail. A man of deep religious conviction, The Joseph Sladen house in 1898 and below, a 2014 view. Photos courtesy of the O.O. Howard was known as the Sladen Family and Mike Ryerson and Jeanne Galick

www.usdchs.org Spring 2014 9 allowed him the opportunity to attend negotiations with Chief Moses and the Georgetown Medical College (later Sinkiuse-Columbia (Interior Salish) known as Howard University Medical Indians. During the trip, the multi- College) in Washington, D.C. He grad- talented Lieutenant Wood carried a uated in 1871 with an M.D. In 1872 he sketchbook, making detailed drawings attended Bellevue Medical College in and watercolors of the landscape and New York City where he also received many of the chiefs he encountered. He an M.D. He and wife Martha had the even captured his sleeping comrade first of their four their children, son Captain Sladen, renaming him “In Fred and daughter Carrie, during that His Great Sleep” for the purposes of time. Sons Harry and Frank followed his sketchbook. The sketch is below. in 1875 and 1882. In August 1872, General Howard Further Travels was dispatched by the Grant admin- In October 1879, at the end of a istration to meet with the Chiricahua two-year around the world trip, for- Apache leader Cochise and bring an mer President and General Ulysses end to his decade-long guerilla war S. Grant and his wife, Julia, traveled against American settlers. Sladen from China to San Francisco and accompanied General Howard, a then on to Oregon. General Grant guide, and two Apache scouts on this Capt. J.A. Sladen in Arizona, 1872 was stationed at Fort Vancouver from mission. He also kept a journal of his during his pursuit of Cochise. September 1852 to September 1853. “two months quest from Fort Tularosa, (Courtesy of Sladen Family and Mike Ryerson) General Howard, Captain Sladen, and New Mexico to Cochise’s stronghold” Lieutenant Wood traveled to Astoria in Arizona’s Dragoon Mountains. noted that Sladen’s life “is now con- to greet them, where General Grant Howard successfully negotiated a sidered safe, for the present at least. came ashore and addressed the crowd. treaty with Cochise in September 1872. The danger so much dreaded by the His ship the St. Paul continued on to surgeons, of gangrene reappearing in Fort Vancouver and the next day on Traveling West the stump, is about over. We hope the to Portland where it was caught up in General Howard was posted to time is not far distant when the kindly the sandy shoals off Swan Island and the Department of Columbia (the face of Captain S. will once more be needed two ships to help set it free. state of Oregon and the territories of visible to his friends.” Sladen and his According to the October 15, 1879 Washington and Idaho) in August 1874 wife had three children under the age and Lieutenant Sladen followed him of eight at this time. Less than a year there, as did a recent West Point gradu- later, on August 16, 1876 while trav- ate, Lt. Charles Erskine Scott Wood eling to Astoria on the steamer John (1852-1944). Their main base was at L. Stephens, Sladen fell and broke his the Fort Vancouver Barracks, but they right leg again, this time above the moved throughout the forts of the knee, which may have led to an addi- area. In the “Military Notes” section tional amputation. of the September 4, 1874, Oregonian, Sladen continued as General Sladen’s duties were described as aide Howard’s adjutant during the Nez de camp, acting assistant adjutant gen- Perce campaign of 1877 and the eral, and acting judge advocate. He Bannock campaign of 1878. Lieutenant gained the rank of captain. On October C.E.S. Wood was Howard’s aide de Captain Joseph Sladen from an 12, 1875, during a trip to Fort Walla camp in the Nez Perce campaigns and 1879 sketchbook by C.E.S. Wood. Walla, Captain Sladen mounted a horse it was Lieutenant Wood who took The text says, “‘Homely,’ Chief of that had not been ridden recently. He down Chief Joseph’s surrender speech, the Columbia River Scalliwags. (In was thrown against a tree and broke one of the most famous examples of his great sleep) Capt. Sladen fel- low aide de camp on Howard’s staff his right leg. Unfortunately gangrene Native American oratory, at Bear’s – there was a Chief Homely of the set in, and on October 25, a surgeon Paw Mountain. In the first half of amputated Sladen’s leg above the ankle. Wallulas.” Courtesy of Lewis &Clark 1879, both Wood and Sladen were in College Aubrey Watzek Library Archives & The November 10, 1875 Oregonian eastern Washington Territory during Special Collections

10 U.S. District Court of Oregon Historical Society Circuit Court, District of Oregon in immediately and G.H. Marsh took Portland, based at what is now called his place. Captain Sladen remained the Pioneer Courthouse. active in a range of volunteer organi- Over thirty years after the actual zations, including Boys and Girls Aid event, in July 1895, Captain Sladen Society, Scottish Rite Masons, Grand received a medal for distinguished Army of the Republic, and the June gallantry in action from his days as a 1909 Northern Baptist Convention young private in the 33rd Regiment of in Portland. Massachusetts Volunteers. A reporter In July 1909, the Sladens went to for noted that the medal stay in a Gearhart cottage on the was “a five-pointed star, of bronze, Oregon Coast for several weeks. Dr. of no intrinsic value, but all the more Roy A. Miles Collins and his wife Martha and Joseph Sladen on their highly prized on that account, like the Kate served as caretakers while they Portland porch. Iron Cross of Germany. On the face were away. The Collinses had married Oregonian, General Grant took the is a figure of Liberty repelling treason three months earlier in Honolulu. Dr. opportunity to joke with his wife, who and on the reverse is inscribed: The Collins’ had an earlier marriage that was an uneasy water traveler, “Julia, Congress to Captain Joseph A. Sladen, ended when his wife, the former Norah you ought to be satisfied now, we’ve USA for gallantry at Resaca, Ga., May Lang (described as a chorus girl from gone to the bottom at last.” 14, 1864.” Captain Sladen was very Iowa) eloped with Vigo Holstein von In 1881 Sladen, Wood, and their pleased to receive it. Rathlou (who claimed he was a Danish families followed General Howard to The Sladen family—Joseph, wife count) in July 1908. The Collinses his new posting as superintendent of Martha and their youngest child, were in the basement packing up their West Point. Wood attended law school Frank—moved into their newly com- belongings on the morning of July 24, at Columbia University, left the army, pleted home at NW 22nd and Flanders since the Sladens were expected back and returned to Portland where he in 1897. Sladen hired the architects that evening. Kate thought Roy was became an important cultural and legal William Marcy Whidden and Ion still in love with his first wife, who figure. Captain Sladen accompanied Lewis to design the home. Whidden had returned to Portland. Their con- Howard to the Department of The and Lewis formed their partnership in versation turned to separation and then Platte in Omaha, Nebraska. Sladen 1889 and no other architectural firm divorce. Kate grabbed Roy’s gun in an was detached from Brigadier General put such a strong stamp on Portland attempt to take her life. He got in the Howard’s staff in 1885 and assigned between 1890 and 1920. Their private way, she shot him, and he died in her to Fort Vancouver in Washington and public buildings include Portland arms. Kate Collins was acquitted of Territory. General Howard wrote to his City Hall (1905), the Multnomah murder by the jury in 90 minutes on friend that he would remember their County Courthouse (1911 and 1914 the grounds of insanity on October “marches, battles, inspections, day and addition), the Arlington Club (1909) 14, 1909. night toilings, helpfulness in trouble, and numerous residential projects Captain Joseph Sladen died of a heart sympathy in pain, joy in triumph, cha- around the city. The Sladen house attack on January 25, 1911. He and grin at false friends, and loyal service was a stately, but not huge, two-story his wife Martha were eventually laid to the country…so much that my heart home with a parlor that looked out to rest at U.S. Military Academy Post swells as I think that I am growing old over what became a lovely garden. In Cemetery in West Point, New York, and need you still so much.” that now busy and built-up portion of where their son Fred Winchester Sladen Portland, it is hard to believe that the served as Superintendent of the U.S. A Job and Home in Portland Sladens enjoyed a quiet, almost lonely Military Academy, from 1922 to 1926, Captain Sladen remained with corner there for several years. following General Douglas MacArthur the army until he retired in April in that position. Major General Fred 8, 1889. He moved to Northwest Retirement and Tragedy W. Sladen retired in 1931. Portland. He worked as general man- Captain Sladen served as clerk of As for the Sladen House, it remains, ager for Aetna Life Insurance Company the court from 1894 to 1908. When he stately and surrounded by sumptuous and later as agent for the German received news that President Theodore landscaping at the southwest corner American Insurance Company, where Roosevelt had recommended his pro- of Northwest 22nd and Flanders in he remained until 1894. At that time, motion on the retired list from captain Portland. Take a look at it the next time he accepted a job as Clerk of the U.S. to major, he tendered his resignation you are in the neighborhood.

www.usdchs.org Spring 2014 11 The U. S. District Court of Oregon Historical Society 740 U. S. Courthouse 1000 S.W. Third Avenue Portland, OR 97204

OFFICERS: Hon. Ann Aiken, Ex-Officio; President, Stephen Joncus; Vice President, Kathryn Roberts; SUNDAY, AUGUST 3, 2014 Treasurer, Shannon Vincent; Secretary, Anne Marie King; Immediate past President, Kari Furnanz 2014 BOARD MEMBERS: Hon. Thomas Balmer, Ex-Officio; Nell Brown; Hon. Anna J. Brown; Hon. USDCHS Annual Picnic! Trish Brown; Ryan DesJardins; Tom Edmonds; Julie Engbloom; Alyssa Engelberg; Molly Honoré; Leavy Family Hop Farm Hon. Dennis Hubel; Jenifer Johnston; Tom Kranovich, Ex-Officio; Hon. Edward Leavy, Ex- Officio; Ron Lansing; Gary Liao; Salumeh Loesch; 1:00 – 3:00 Scott McCurdy; Stephen Raher; Carra Sahler; Jordan Schnitzer; Vicki L. Smith; Kerry Tymchuk, Finger-licking Good Barbecue Ex-Officio; Tanner Webber Music from China Watch 2014 HONORARY MEMBERS: The Belloni Family; Ernest Bonyhadi; Helen Burns; Randall with Houston Bolles and Rick Galarneau Kester; Katherine O’Neil; Hon. Owen Panner; Hon. James Redden; Richard B. Solomon 3:00 The U.S. District Court of Oregon Historical Soci- Let the Games Begin! ety thanks its lifetime members for their continued support of the mission of the Society and honors Egg race, balloon toss, and more! those lifetime members who are no longer with us.

2014 LIFETIME MEMBERS: Jeffery Batchelor, See USDCHS.org/events for more info and directions Frank Bauman, Owen Blank, Hon. Anna J. Brown, Helen Burns, Donald Cinnamond, Sarah Crooks, George and Jan Dysart, Paul Fortino, George Fraser, Edwin Harnden, Cynthia Harrison, Douglas Houser, Hon. Robert Jones, Jenifer Johnston, Randall Kester, James Knoll, Ron Lansing, Hon. Edward Leavy, James S. Leigh, Nancy Moriarty, Jeffrey Mutnick, Elizabeth Newcomb, Verne Newcomb, Daniel O’Leary, Hon. Owen M. Panner, Hon. Edwin Peterson, Dian Rubanoff, Sarah Ryan, Thomas Sand, Arlene Schnitzer, John Schwabe, Norman Sepenuk, Arden Shenker, Hon. Michael Simon, Richard Solomon, Gayle Troutwine, Heather Van Meter, Norm Wiener, Timothy Williams, Kelly Zusman LIAISONS: Jan Dilg, Oral History; Jeanne Galick, Design; Adair Law, newsletter; Dana Vinchesi, USDC