Ore on BE CH THE U.S. DISTRICT COURT OF HISTORICAL SOCIETY NEWSLETTER

Famous Federal Cases Series The Japanese Exclusion Case of v. Yasui

By JOHN W. STEPHENS

inoruYasui-born and raised in Hood River and elected citizenship of Japan by reason of his employ- Meducated at the University of Oregon-was just ment with the Consulate General of Japan in Chicago another American, or so he thought. But in March 1942 until December 8, 1941 (the first Monday immedi- Yasui's loyalty, and that of other Americans of Japa- ately following the attack on Pearl Harbor). Judge Fee nese descent, was called into question during the anti- sentenced Yasui to one year's imprisonment and a Japanese hysteria that followed the December 7, 1941 $5,000 fine. bombing of Pearl Harbor. The case was certified directly to the United States Yasui's case, United States v. Yasui, is the subject of Supreme Court, and on June 21, 1943-the same day the next program in the United States District Court of the Court in Hirabayashi v. United States upheld the Oregon Historical Society's "Famous Federal Cases" constitutionality of the curfew order as applied-that series. The panel presentation will be Thursday, May body also sustained the conviction of Yasui. The Court 24,2001 at 4:00 p.m. on the 16th floor of the Mark O. reversed Judge Fee's finding that Yasui had renounced Hatfield United States Courthouse, 1000 S.W Third his U.S. citizenship, but it upheld the constitutionality Avenuein Portland. The presentation will last 90 min- of the curfew order in light of its decision in utes, with time for questions and discussion following. Hirabayashi. The Court remanded the case for re-sen- The panel features Professor Peter Irons of the Uni- tencing, and Judge Fee re-sentenced Yasui to 15 days. versity of California at San Diego, Professor Linda In 1944, in Korematsu v. United States, the Supreme Tamura of Willamette University, Dr. Homer Yasui, Court again upheld the constitutionality of the exclu- Charles Davis, and Peggy Nagae all of whom have sion orders. That same day, the Court also issued its written and spoken extensively about United States v. decision Ex parte Endo, in which it held that deten- Yasui. Professor Irons and Peggy Nagae also repre- tion of a concededly loyal Japanese American citizen sented Minoru Yasui in his coram nobis proceeding was unlawful. in the 1980s. In 1983 Yasui filed a coram nobis proceeding and his conviction was vacated. Yasui had sought, but the On March 24, 1942 Lieutenant General John L. court refused to issue, a declaration that his convic- DeWitt issued Public Proclamation No.3, reciting "as tion had been unconstitutional. Yasui appealed, but a matter of military necessity" the establishment of he died before the matter was finally resolved. regulations pertaining to all persons of Japanese an- cestry within certain designated zones, including Port- land, Oregon. On February 19, 1942 President Roosevelt had issued his notorious Executive Order No. 9066, which authorized such regulations. On March 21, 1942 Congress had made it a crime for any person to enter, remain in, or leave a military zone prescribed under an executive order of the president. The 25-year-old Minoru Yasui believed that DeWitt's order was unconstitutional and decided to challenge it. Four days later, on March 28, Yasui walked into the Portland police station seeking to be arrested. He was indicted and tried before Judge James Thre treatment of Japanese Americans during World War II forms Alger Fee. On November 16, 1942 Judge Fee found one of the darkest chapters in American history. Requirements that Yasui guilty. He found that the order itself was un- they observe special curfews and report to "relocation centers" (like constitutional as applied to U.S. citizens but found the one pictured above) led to several court challenges. that Yasui had renounced his citizenship and had Photo, Oregon Historical SOCiety

SPRING 2001 Ilresident's Message Judge Edward Leavy's Portrait Unveiled We have an exciting year ahead of us. Our Events Committee=-Mary By Heather Van Meter Beth Allen (Chair), Mary Ellen Page Farr, Kristin Hamilton, Bill Long, Monica McLain, and John Stephens-is busy with plans for an event- n overflow crowd of friends, fam- filled year. Plans include an after-work social at Pioneer Courthouse on A ily, and colleagues filled the historic June 27, 2001, hosted by the Society and the Ninth Circuit judges. John Pioneer Courthouse on February 11, Stephens is chairing a Famous Federal Cases panel on the Japanese exclu- 2001 to witness the portrait presenta- sion order case of United States v. Yasui on May 24, 2001, while Bill tion ceremony for Judge Edward Leavy Long is planning a panel on death penalty cases in our district for the fall. of the Ninth Circuit Court of Appeals. We have also set dates for our fabulous Picnic at the Panner Ranch on The event commemorated Judge Leavy's September 15, 2001 and our Annual Dinner on November 15, 2001. 25 years on the federal bench and over Our Oral History Committee-Sarah Ryan and Steve Brischetto (Co-chairs), Tom 40 years as a judge. The portrait, Sondag, Doug Houser, and John Dunbar-has obtained a grant of $12,600 from the painted by Wayne Chin, will hang in the District of Oregon Attorney Admission Fund to complete the oral histories of Judges United States District Court, where Burns, Panner, and Redden and to start the oral histories of Judges Frye, Jones, and Judge Leavy served as a magistrate and Marsh. The committee also conducted a training session last fall and is recruiting Article III judge before his appointment additional lawyers to take oral histories of our colorful and prominent lawyers. Be- to the Court of Appeals. Chin and his cause we have missed so many important lawyers, this project is a top priority. The family were present at the ceremony, as Attorney Admission Fund Committee has indicated that once additional oral histories was Judge Leavy's family, including his are completed by volunteers, it will be receptive to another request for funding for our wife Eileen and his four grandchildren. Oral History Project. So please consider being trained and taking an oral history-or Speakers included the Honorable volunteering your firm to transcribe one. Michael R. Hogan, Chief Judge of the Our Newsletter Committee-Jeff Druckman (Chair), Carolyn Buan (Editor), David United States District Court; the Hon- Bledsoe, Tim Garrison, and Heather Van Meter-is dedicated to bringing us this high- orable Ellen F. Rosenblum, Circuit quality newsletter that we all enjoy. If you have suggestions for articles or would like Court Judge, Multnomah County, and to write a piece or book review, call Jeff Druckman. former president of the U.S. District Our Membership Committee, led by Clarence Belnavis (Chair), with assistance from Court Historical Society; and Nancy Kary Pratt and me, is working to increase our membership and increase the number of Moriarty, current president of the Soci- sustaining, sponsor, and lifetime members. Please consider increasing your member- ety. Judge Rosenblum recalled that her ship level to support our activities. I also encourage you to get your colleagues in- first trial was in Lane County before volved. Society membership offers invaluable opportunities to lawyers. Thank you to Judge Leavy on a juvenile matter and Rick Martson, who urged me to join the Society years ago. Through my participation, was one of her best learning experiences. I have met countless attorneys, learned more about our history, and gotten to know Judge Leavy, Nancy Moriarty noted, is our federal judges. known for having a soothing demeanor The Society is also working on establishing a network with other court historical in and outside the courtroom. societies to share information and ideas and is investigating ways to make our oral Several judges of the U.S. District histories and historical articles accessible electronically. Court, including Judges Jones, Parmer, Special thanks to my predecessor, Judge Ellen Rosenblum, for her effective and Frye, and Marsh, added comments. The upbeat leadership. Judge Rosenblum accomplished much during her tenure as presi- speakers recalled Judge Leavy's long and dent, including founding the Famous Federal Cases Series.Judge Panner continues to meritorious service on the bench, includ- generously contribute his wisdom and contagious energy to the Society. Our offic- ing his service in the state court system, ers-Tom Sondag (Vice President), David Bledsoe (Secretary), Dick Solomon (Trea- and emphasized his outstanding de- surer)-and our committee chairs make my job a pleasure. Additional thanks to our meanor and judgment. Judges Jones and administrative staff-Monica McLain and Suzanne Porto of the Clerk's Office; our Panner also took the opportunity to bookkeeper, Judy Bluett; and our administrative assistant, Judy Crown. We would be tease Judge Leavy a bit. Judge Jones lost without their prompt and cheerful assistance. pointed out that Judge Leavy appears I look forward to seeing you at our social events this year and joining with you in to have trouble keeping a job, noting the work of the Society. that he has had several different ap- pointments within the state and federal Nancy J. Moriarty judiciary. And Judge Panner said that Judge Leavy decided only one case in- correctly-that happened to be a case Judge Panner had worked on. During his 25 years on the bench, Judge Leavy presided over many famous cases. Early on, he made important de- cisions on tribal fishing rights and ruled the Oregon Riot Act unconstitutional.

2 More recently fice and became the youngest judge in Judge Leavy Oregon, at age 27, when he joined the mediated a Lane County District Court in 1957. He JOIN US AFTER resolution of served on the Lane County Circuit WORK ... the Wen Ho Court from 1961 until 1976, the year Lee case. he also served as a temporary justice to ...for our Summer Reception at Judge Michael the Oregon Supreme Court. the Pioneer Courthouse in down- Hog a n Judge Leavy was first appointed a town Portland. The event takes. pointed out magistrate of the United States District place Wednesday, June 27, from that when Court of Oregon in 1976 and a judge names of me- in 1984. Just three years later, he was 4 to 6 p.m. and is co-sponsored dia tors were appointed to the Ninth Circuit Court by Ninth Circuit sought in that of Appeals. Judges Leavy, Juba, and Court of Appeals case, Judge Leavy's was the first to be Hogan were the first magistrate judges Judges Diarmuid mentioned and the only one needed. in Oregon and helped define the role of O'Scannlain and Judge Hogan also noted that the Wen magistrate judges for the entire nation. Susan Graber. Ho Lee case earned Judge Leavy high Heather Van Meter is an attorney with Wine and hors praise throughout the region for his the firm of Ater Wynne LLP in Port- d'oeuvres served. skills as a mediator. The assistant U.S. land and a member of the U.S. District attorney on the case, George Court of Oregon Historical Society Stamboulidis, stated, "He worked magic board and executive committee. to bring the parties together." Edward Leavy was born on a hops One curious item, noted last year by farm in Aurora in 1929, the youngest A Book the Historical Society of the United of ten children in an immigrant Irish By Any Other Name ... States Supreme Court, is the "Shortest family. He graduated from Woodburn Legal Document in the World," printed High School in 1947 and was the first U.S. District Court of Oregon Histori- on page 71. in his family to attend college, graduat- cal Society member Bill White has just If you are one of those "curious law- ing from the University of Portland in come out with a revised edition of his yers, "you can order Bill's book by send- 1950 and from Notre Dame Law School humorous tome, The Lighter Side of ing $25 to: William F. White, 205 in 1953. Practicing Law. This time around, how- Berwick Road, Lake Oswego, OR 97034. Judge Leavy began his legal career in ever, he has given the book a new title- Or download an electronic version for the Lane County District Attorney's of- Curious Lawyers. $0 from www.publishingonline.com. ------. Enclosed is my application and/or annual membership dues to join the United States District Court Historical Society (please check level of membership desired):

o General ($50) 0 Sustaining ($75) 0 Sponsor ($150) 0 Lifetime ($1000) o Student ($15) 0 Judicial Clerk ($15) 0 Admittted to U.S. District Court 1 - 4 years ($25)

Please mail your check and this membership form to: The U. S. District Court of Oregon Historical Society c/o Stoel Rives LLP, Att: Clarence Belnavis, 900 SW Fifth Avenue, Suite 2600, Portland, OR 97204

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3 messages to both caucuses, and we de- veloped a strategy for getting the legisla- tion passed. The bills on women's issues were numerous that 1973 session because there was so much to do: ratify the ERA; This article is the second in a two-part series that is based on a eliminate discrimination in obtaining talk given by the Honorable , first woman Justice of credit and in public accommodations; the Oregon Supreme Court, at an Oregon Women Lawyers' allow a woman to keep her name when conference. In Part One, Judge Roberts told of her family, her she marries and to restore a name upon struggle to get an education, her years as a teacher, and her bud- divorce; make being a housewife an eco- ding political career. In 1965 she found herself balancing her nomic contribution in divorce proceed- work in the Oregon legislature with the demands of raising a ings; recognize the need to fund day care family and attending law school in the evenings. and provide domestic violence shelters; make the curriculum in public schools gender neutral; and require the support n1966 I graduated from law school woman's health issue. A bill passed the of athletics for young women in high Ibut failed to pass the bar, not unex- legislature but with many conditions that school and college. We didn't accomplish pected in view of all the other activities had to be met before an abortion could it all that session, but it was a dramatic in my life. During the 1967 legislative be performed. That was not acceptable beginning and I became acutely aware of session, I was absorbed with studying for to the women who had taken the lead in the great game of "catch up" women had the bar. I took the bar review, the only advocating for a woman's right to choose to play in changing old laws and writing woman of 208, and was tutored by Jena whether to have children. new ones in order to give all women equal Schlegel-my first woman mentor, who Without foreseeing the endless litiga- opportunities. later became a circuit court judge in tion, and often violence, that has sur- It was the younger women at the leg- Marion County. With her friendship, sup- rounded the issue ever since, I agreed to islature who taught me about women's port, and tutoring, I passed that year and represent a group of women who wanted issues and made me realize that I had knew I was much better prepared to prac- the new statute challenged on constitu- always believed in the equality of tice law. tional grounds in federal court. The work women-had worked for it for my- During the 1967 session I decided to on that case, which was finally argued self-but had not realized that each run for the state senate in 1968. It was a before a three-judge panel in the summer woman cannot do it for herself. It had big risk, for I would give up my sure seat of 1972, played an important role in help- to be done collectively; it had to be a in the house to take on a long-time in- ing me understand that without the abil- movement like the labor movement of cumbent. While teaching at Mt. Hood ity to decide if and when to bear children, the early 1900s, like the civil rights Community College, and, without being women would never be able to make movement of the 1950s, like the peace part of a law office, I began taking a few other decisions about their own lives. movement of the 1960s. cases that came mostly from friends. I That realization led me to work on many During the 1973 session I was given won my primary race, beating the incum- other women's issues. encouragement to run for governor. In bent narrowly, to the surprise of most In 1971 there were a few new women fact, one of my earliest supporters was political watchers. That was tantamount in the house-Nancie Fadeley from Eu- a young woman who was working at to winning the election in the fall because gene, from Salem, and the legislature, , now a U.S. of the large number of Democrats regis- Mary Rieke from Portland-who began District Court judge. We had a tremen- tered in the county. to raise women's issues. I was joined in dous campaign with Len Bergstein as In the summer of 1968, Keith Skelton the senate by Betty Browne from my campaign manager. Bob Straub won and I were married. Keith had four chil- Oakridge and we both were ready allies the Democratic primary, but by only dren, as did I, and they were of similar with the women in the house. In the 1973 8,000 votes above me. Jim Redden, now ages. He was then a legislator from Lane session we had a new infusion, with Mary a U.S. District Court judge, also ran in County, but he moved to Portland, ran Burrows from Eugene, Peg Dereli from that race but came in somewhat lower for the legislature here, and won a tough Salem, and Vera Katz, Mary Roberts, and in the vote count. race that fall. We then began to practice Pat Whiting from the metro area. With law in the same office. Keith was a good this larger number, we organized a That year, 1974, was also the year that mentor, teaching me a lot about the women's caucus. former U.S. Senator Wayne Morse tried practicalities of a law practice, and a good That was the second time in my life to make a comeback against Bob person to work with on cases. that I felt comforted and empowered by Packwood, who had defeated him in the In the 1969 legislative session I was the an association with women. But this was 1968 election. Morse won the primary only woman in the senate. On the first different from my earlier association with but died in July. In August the Democratic day I was confronted by a senator who the women in LaGrande. Now we had Party named me to take his place on the the previous session had introduced a bill common purposes and goals and we had ballot. It was a good campaign, even to decriminalize abortions. He told me a sense of power, given to us by the vot- though there were only a little over two he would not sponsor the bill again and ers, to change society in behalf of all months to raise money, shift to national suggested I take up the cause. At the time women. We were Democrats and Repub- issues from state issues, and meet with it was seen as a civil rights issue and a licans and it didn't matter. We carried our voters state-wide as a candidate for a dif-

4 ferent position than I had run for in the one. I knew I could carryon a good cam- woman law clerk. No welcome was given primary. Packwood beat me, but not by paign if necessary. I took the appoint- to me or any woman law clerk by the much. The two races, without a doubt, ment, and in September of 1977 George women who already worked at the court. gave my name state-wide recognition and Joseph, John Buttler, Mick Gillette, and However, Mick Gillette and I resolved to the closeness of the races gave me a repu- I joined the six judges then on the court. try to make it a happier place to work. tation as a good campaigner. The young My careers as teacher, legislator, and law- Mick became my friend and mentor, for people who worked in the campaigns that yer were over, and at age 54 I began the as solicitor general in the AG's office he year taught me about dedication and new one of judge. knew as much as anyone about how the commitment. In fact, Ann Aiken post- I found the court of appeals a stressful Court of Appeals worked. poned a year of graduate work at Rutgers place to work, not necessarily because of Later, after an airing of the court's dif- in order to work in the fall campaign. the workload, but because of a great ficulties in the press, things began to im- Her sacrifice was unbelievable. amount of tension that existed between prove. I had decided by this time that In the 1975 and 1977 sessions, work some judges. The six who were already there would be changes occurring on the continued on women's issues. I served as on the court were Herb Schwab as chief court by reason of retirement and that I chair of the Consumer & Business Af- judge, Bob Thornton, Jason Lee, Lee would do my work and simply wait it fairs Committee, as vice chair of Judi- Johnson, Jake Tanzer, and Bill out. Change came rapidly. Jason Lee died ciary, and as a member of the "powerful" Richardson. unexpectedly, Lee Johnson and Herb Ways and Means Committee for three There was little collegiality on the Schwab resigned, and Jake Tanzer was sessions. court, due in part to the fact that Judges appointed to the Oregon Supreme Court. In the 1977 session a bill was intro- Thornton and Johnson had run against Other men, ones I had more identity with, duced to add judges to the Court of Ap- each other for Attorney General and that were appointed to take their places: Tom peals. It first came to the Judiciary was followed by litigation over alleged Young from Baker, with whom I had Committee, on which I served, and then, election violations. The same thing had served in the legislature; Ed Warren, a law for funding, to the subcommittee of Ways happened between Judges Tanzer and Lee school classmate; Doc Campbell, a sea- and Means, which I chaired. I never gave when Judge Lee won an election to the soned circuit court judge from Eastern a thought to the possibility of being one Court of Appeals against Judge Tanzer Oregon who was as comfortable to work of the judges, although it was not unusual and again litigation followed. It was a with as anyone could be; and John War- for lawyer-legislators to be appointed to quirk of politics that they all ended up den, a respected circuit court judge from the bench. Many had, among them Jean on the Court of Appeals together. the southern coastal area. Lewis and Shirley Field. But in the sum- Bill Richardson was the most recent Soon after John Warden arrived, he mer I was asked by the governor's office addition to the court, and he had beaten expressed concern for me because he if I would be interested in one of the po- an incumbent judge who had been one thought I was being treated differently sitions. Bob Straub would be up for re- of the original appointees when the court than the other judges and he wanted to election the following year and it would was created. The fact that Judge do something about it. I explained to be to his credit to appoint the first woman Richardson, a district court judge at the John how greatly things had improved judge on the Court of Appeals, and per- time, was then to serve on the Court of and assured him that it was a pleasure to haps difficult to explain if there was not Appeals was not readily accepted by some be on the court with men like him. one woman among the four to be ap- of the other judges. We four new judges In the fall of 1981 Justice Tom Tongue pointed. came on the court at a time when it was announced his resignation from the Or- The decision was difficult. I had a po- already struggling to overcome old ani- egon Supreme Court. I thought only sition of power in the legislature, having mosities among its members and adjust briefly about whether I should try for the been appointed to the Emergency Board to relatively new judges. It probably was Continued on page 6 for the interim. While I had practiced law not the best time to for 10 years, and had finally become fi- add the first woman nancially secure, I had done little trial judge to that mix. work except in domestic relations court. To add to this un- But I felt I could learn quickly and my easy atmosphere, the work ethic would help. Nevertheless, I women secretaries thought about other women who would were not friendly with be better suited for the position. The anyone and, with rare problem was that whoever was appointed exception, communi- would immediately have to plan and con- cated with each other duct a state-wide election in order to re- only when it was nec- tain the seat. If one of the five sitting essary for court busi- women judges-Jean Lewis, Mercedes ness. One secretary Deiz, Jena Schlegel, Shirley Field, or told a law clerk that Helen Frye-gave up the trial bench for she did not think a the appointment, she then would risk los- woman should be a Justice Betty Roberts, thefirst woman to serve on the Oregon Supreme ing the election. If that happened, we judge and that she Court, has been an inspiration and mentor to many women lawyers. would not have gained a place for an- would resign if her Nine years ago, Oregon Women Lawyers established an annual award other woman in the judiciary, but lost judge ever hired a in her name.

5 opinions was sexist. My work with these judges and the ones who followed was always professional and pleasant. Kathi Bogan, who was my clerk at the Court Contempt of Court: retaliation a local mob took Johnson of Appeals, went with me to the Supreme The Turn-of- from the jail in the dark of night and Court. Then Maureen Leonard became the-Century Lynching hanged him from a bridge. Meanwhile my clerk for most of the remaining time the sheriff and a local judge-though I stayed on the court. My clerks were my That Launched a friends as well as, often times, my brains. Hundred Years aware of what was happening-refused to intervene. We were mentors to each other. Certainly, of Federalism Outraged, the justices of the U.S. Su- there was mutual respect and support. By Mark Curriden preme Court held a criminal trial and & LeRoy Phillips, Jr. brought contempt of court charges When I resigned from the Supreme against the sheriff, sheriff's deputies, and Court in 1986, I knew I would miss the Reviewed by men I served with and my law clerks. Carolyn M. Buan members of the lynch mob who could be identified by federal investigators. But retirement as another career has In a run-down African American cem- The highly readable Contempt of been, and is, productive financially, sat- etery in Chattanooga, Tennessee, the Court takes readers behind the scenes isfying personally, and replete with op- tombstone of Ed Johnson lies nearly of the Chattanooga trial and its after- portunities to do things I never dreamed covered by weeds, its inscription echo- math to vividly depict the climate of I would do. ing the words Johnson spoke to the "justice" (or lack thereof) that existed One of the most satisfying experiences lynch mob that took his life on March in 1906. Of particular interest are the has been working with women lawyers 19, 1906: God Bless you all I AM A deliberations of the U.S. Supreme Court in support of the creation of the Oregon Innocent Man. and the reaction of President Theodore Women Lawyers organization. While I Ed johnson's grave may be forgotten, Roosevelt when federal authority was was on the bench, the lack of women in but in a fascinating book by Dallas le- flouted. From this case, the authors any significant numbers in the legal pro- gal affairs writer Mark Curriden and note, came "an important 'seed of fed- fession gave me great concern. I watched Chattanooga trial attorney LeRoy eralism' that grew over the next sixty the numbers of women law students in- Phillips, Jr. the story of the injustice years," as well as an airing of issues that crease gradually from less than 10 per- Johnson suffered and his case's remark- are still relevant today. For the lay cent to over 50 percent in some schools. able effect on the United States Supreme reader, the book is a page turner; for Each year the fall enrollments were more Court is finally getting the attention it members of the legal profession, it of- encouraging, and then more women were deserves. fers eye-opening insights into how fed- taking the bar exam and becoming law- Johnson was a 24-year-old itinerant eral and state law intersect. yers. Finally, more were being appointed laborer when he was wrongly accused to the bench. But I am disappointed that of raping a white woman, hustled after almost 20 years there is still only through a local trial, and sentenced to one woman on the Supreme Court, and die. The scenario, while not unusual in Betty Roberts Reflects after almost 25 years there are only two the South, triggered a sea change in the on Her Life, Her Career on the Court of Appeals. U.S. Supreme Court and in federal-state Women have made great changes in judicial relations. Continued from page 5 society in just the few years I have been a After Ed Johnson was sentenced, two position before indicating that I would player. But there is much yet to do. As Negro lawyers appealed the verdict to run in the next election regardless of our opportunities have expanded, our the state supreme court on the grounds whether I was appointed. Governor goals have expanded and now we see that that (1) the evidence in the case did not Atiyeh at first disliked that audacious there must be efforts made in behalf of warrant a conviction; (2) a lynch-mob move, but in a meeting I assured him it others who, by reason of race or ethnic mentality permeated the trial; and (3) was my way of saying that I thought he backgrounds, have been hindered in their the trial was tainted with racial bias (one should appoint a woman to the Supreme quest for equality, too. juror screaming, "If I could get at him, Court and that I now had the qualifica- Women in the legal profession today I would tear his heart out"). tions to be that woman. Some of my Re- are challenged, not only to increase When the state-level appeal failed, the publican friends, most prominently their status and numbers in the bar and two lawyers traveled to Washington, Norma Paulus, convinced him that he on the bench, but to include others who D.C. and appealed to the United States would be making a good decision if he traditionally have been excluded. Supreme Court to intervene. In response appointed me. Working for a fair and just society is a to their plea, Justice John Marshall My welcome on the Supreme Court difficult task, but those of us who have Harlan issued a stay of execution-an was immediate and sincere, but then I had seen great changes in our lifetimes have unheard of act at a time when the Court already worked with all the judges there a tremendous amount of faith in the did not involve itself in either criminal in some way or other-all except Ed generations that follow. You will con- cases or state court business. Peterson, who immediately endeared tinue the work in your own way and in The Supreme Court's action enraged himself to me by asking regularly whether keeping with your own times. There is many residents of Chattanooga, and in I thought certain language in the various no turning back.

6 arrive at Maupin by 6:30 or 7:00. Then legal ethics I'd keep on going as far as The Dalles committee and then back up the Sherman County ( 1 9 5 6 ) . highway. I made some 40 to 50 stops and Wendell al- got home about nine o'clock at night. ways main- Wendell began his law studies during tained an the Depression at the Northwestern interest in his School of Law in Portland, graduating college frater- in 1934. "Prior to law school I never was nity, Pi Kappa a very good student .... I was more inter- Alpha (Alpha ested in girls and social activities than in Beta Chi dur- The following information is taken from academics," Wendell recalled. "In law ing his college years), be- Attorney Wetldell Gray an oral history of Wendell Gray, a promi- school I found myself. I became a good nent Portland attorney and community scholar, right at the top." coming district president of the alumni leader. The interviews were recorded by His first job out of law school was with group and, later, national secretary. Elizabeth Reichow and Jim Strassmaier Raffety and Pickett, where he worked as Wendell's service on the school board of the Oregon Historical Society in 1992- an investigator. A year later, he set up on was groundbreaking because he fought 93 when Wendell was 84 years old. his own but continued to work out of to end the board's practice of meeting in Raffety and Pickett's office. Much of his "rump session" to make decisions. When orn in Prineville, Oregon, on May 28, work involved mortgage foreclosures, he ran for reelection in 1952, he ran on B1908, Wendell grew up on the fam- done for his uncle, Guy LaFollette, who the platform of ending those sessions. ily ranch. His paternal grandfather was owned Universal Bond and Mortgage "And that," he said, "was the beginning born in Halsey, Oregon, in the 1850s; his Company. Then Dave Pickett's health of no more secrecy in government." An- maternal grandfather, a logger from New failed, and Wendell assumed Pickett's other time, during the McCarthy-era Brunswick, Canada, moved his family to maritime work. Communist witch hunts, the school Prineville in the 1870s. "Every ship that came into Portland, a board voted in rump sessions to prevent I had a great life up there on my father's war shipping administration vessel, I had a speaker with Communist party spon- cattle ranch .... I was a cowboy, so to to serve," he remembers. "Well, I worked sorship from renting one of the school speak, till I was eighteen years old. I de- my rear end off." During this period, buildings on a Sunday. But Wendell broke cided, though, very early that I did not Wendell also married his college sweet- rank and said he believed the man should [toant to continue living} that life, par- heart, Jean Patrick, and in 1938 their first have a right to speak. Wendell knew the ticularly because you had to get up so child was born. Jean died in 1972. leaders of the various factions personally early in the morning and you had to work In 1944, when it appeared that and perhaps for that reason could vote so darn hard.... Wendell would be drafted, he persuaded his conscience, knowing that no matter When I was going to high school I de- his friend Lawrence Lister, then an assis- what he did he'd upset someone! cided I wanted to be a lawyer....There tant attorney general in Salem, to take Wendell's oral history is notable for used to be a lawyer named Marion R. over his practice. As it turned out, revealing a man who truly loved life and Elliott in Prineville. As a boy I walked Wendell was not drafted and the two thoroughly enjoyed his work and his by his office many times, and he always became full partners. After World War II community service. He died December sat in a big chair at his rolltop desk right ended, their practice continued to flour- 28, 1995 of causes relating to age. He in front of the window .... He always ish and they hired several more lawyers. was survived by his second wife Diana; dressed in a suit with a white shirt, stiff In 1960 Lawrence Lister died, and a new his children John and Nancy (Hawley), collar, and a necktie. I thought "That's law firm-Gray, Frederickson and brother Robert; sister Berniece the life for me!" Heath-was formed. The firm continued (Ackerman); and four grandchildren. I went to the University of Oregon and to try law suits in the maritime field but enrolled in pre-law. I had three years plus broadened into other areas of law. of that before I had to quit. I got appen- Over the years, Wendell took on a dicitis. number of leadership positions in the To payoff his school debt, Wendell community. He joined the Chamber of May 24... The Japanese Exclusion worked for a time at Olds Wortman and Commerce in the 1940s and was quickly Order Case of Minoru Yasui, third King, a Portland department store, and appointed to the board, serving for at program in our "Famous Federal then returned to Prineville, where he least ten years. He became a director for Cases" Series, 4 p.m. at the Mark worked for an old-time hardware dealer, Dale Carnegie and taught Carnegie O. Hatfield Courthouse. W. F. King, and was a "pond monkey" courses. In 1948 he became a member of for a local sawmill. In summers he the school board in Portland, serving June 27•.• Summer Reception at worked for the Forest Service. Later he until 1956 and acting as chairman twice. Pioneer Courthouse, 4-6 p.m. In 1951 he joined the board of Family was employed by a creamery in Prineville. September 15.•. Annual Picnic at Life Insurance Company. He also served I'd get up about two o'clock in the the Panner Ranch morning, load up a Chevrolet delivery as president of the Multnomah County truck with about nine hundred pounds Bar (in 1958), as treasurer of the Oregon November 15... Annual Dinner of butter and quite a little ice cream, and State Bar (1967-69), and chair of the bar's

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DIRECTORS OF THE SOCIETY OFFICERS Hon. Michael R. Hogan, Board Chairman; *Nancy J. Moriarty, President; Thomas W. Sondag, Vice In this Oregon legal history puzzler, quizmaster David Bledsoe asks you to President; "David A. Bledsoe, Corporate/Execu- identify the prominent individuals described in the following statements. The tive Secretary; *Richard B. Solomon, Treasurer; correct answers appear below (but no peeking). "Ellen F. Rosenblum, Immediate Past President. BOARD MEMBERS "Mary Beth Allen; Dr. Donald G. Balmer; the 1. The proponent of the 1910 amendment to the Oregon Constitution Belloni family, Honorary; ".Clarence M. that prevents Oregon appellate courts from re-examining facts found by Belvnavis; Ernest Bonyhadi, Honorary; "Stephen juries unless the court can affirmatively say there is no evidence to support L. Brischetto; Hon. Anna]. Brown; Hon. James M. Burns, Honorary; Hon. Wallace P. Carson, Jr., the verdict. Ex-Officio; Robert L. Cowling; Dr. Gordon B. Dodds; "Jeffrey J. Druckman; "John J. Dunbar; 2. The Oregon Supreme Court judge who took a leave of absence to "Mary Ellen Page Farr; George H. Fraser, Hon- orary; "Dr, Tim Garrison; Brian and Susan Gray, prosecute Nazi regime judges and became the model for Spencer Tracy's Honorary; Edwin A. Harnden, Ex-Officio; role in the movie Judgment at Nuremburg, "Kristin H. Hamilton; Douglas G. Houser; Lisa M. Kaner; "Dennis C. Karnopp; Randall B. 3. The trial court judge who told 12 jurors, after they refused to grant Kester; ·William R. Long; Gregory Miner, Ex- Officio; Prof. Ralph J. Mooney; Chet Orloff, Ex- a damages award to a civil plaintiff, that he would grant a new trial for Officio;"Hon. Owen M. Panner, Honorary; plaintiff because "[ilt takes 13 men to rob anybody in this court, and I want "Kathryn M. Pratt; Lawrence B. Rew, Ex-Offi- that understood." cio; "Sarah J. Ryan; "Norman Sepenuk; Eliza- beth Solomon, Honorary; "Thomas W. Sondag; "john W. Stephens; Caroline P. Stoel; "Heather 4.___ The prominent nineteenth-century Portlander who, referring to ]. Van Meter; Prof. Mary C. Wood. Portland's mayor, opined that "A few months drunk every three or four LIFETIME MEMBERS years does him good." Jeffrey M. Batchelor, Owen D. Blank, Paul T. Fortino, George H. Fraser, Edwin A. Harnden, Wayne Hilliard, Douglas G. Houser, Robert E. 5. The journalist who successfully sued the Oregon State Bar to force Jones, Randall B. Kestel; Jeffrey S. Mutnick, Verne it to make records of disciplinary proceedings available as public records. W. Newcomb, Daniel O'Leary, Hon. Owen M. Parmer, Dian S. Rubanoff, Sarah]. Ryan, , John L. Schwabe, Norman Sepenuk, Arden E. Shenker, Richard B. Solomon, Gayle L. ANSWERS: Troutwine, William F. White, and Donald R. A. Judge Mathew Deady D. C.E.S. Wood Wilson. IN MEMORIAM B. Henry L. McGinn E. James T. Brand Hon. Robert C. Belloni, Raymond Conboy, Chester E. McCarty, and Frank Pozzi. C. Russell Sadler "Members of the Executive Committee Newsletter Editor: Carolyn M. Buan (503) 224- J'£ 'Y'v 'II'£ '3: 'z 'a'l :S}J3:&SNYzmo 8024; Design, Jeanne E. Galick

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