BENCHMARKS THE U.S. DISTRICT COURT OF OREGON HISTORICAL SOCIETY NEWSLETTER

The Birth of the Brandeis Brief Muller v. Oregon: Women, Law, and Labor By John Stephens

n 1905, Joe Haselbock, overseer of Portland’s The accepted review on a writ of IGrand Laundry located at 320 N. 17th, required error. This was the Progressive Era and the Oregon one of his employees, Emma Gotcher, to work more statute was not all that unusual. Nineteen other than 10 hours on, of all days, Labor Day, Septem- states had enacted similar legislation. Muller was ber 4. (Labor Day had been a holiday in Oregon special because in 1905, the same year that Gotcher since 1887, first in the nation.) This started the had been forced to work over 10 hours, the Supreme events leading to Muller v. Oregon, 208 U.S. 412 Continue on page 2 (1908), in which the U.S. Supreme Court upheld the constitutionality of progressive legislation pro- Our next Famous Case on May 19th viding a 10-hour work day for women, but did so for retrogressive reasons, finding as fact that women Muller v. Oregon (1908) and Bunting v. Oregon were in many respects inferior to men and there- (1917) are the subjects of our May 19, 4 – 6 p.m. fore needing of protection. The opinion is studied Famous Cases presentation at the Hatfield U.S. in history and law school courses, and affects U.S. Courthouse. Our speakers include Julie Novkov, Supreme Court jurisprudence to this day. The case associate professor of political science at Univer- is also the birthplace of the Brandeis Brief. sity of Oregon and author of Constituting Work- Two years before the Labor Day incident, the ers, Protecting Women: Gender, Law and Labor Oregon legislature passed a 1903 law making it a in the Progressive Era and New Deal Years; David misdemeanor for any mechanical establishment, Horowitz, professor of U.S. and twentieth cen- factory, or laundry to employ a female more than tury history at Portland State University ; and the 10 hours on any one day. Emma Gotcher was a Hon. , of the Oregon Court of labor activist, and not one to be taken advantage Appeals, and author of the court’s opinion in Tan- of. Two weeks later, Curt Muller, the owner of the ner v. OHSU, 157 Or. App. 502, 971 P.2d 435 Grand Laundry, was charged with a misdemeanor (1998) as well as many articles. Professor in Multnomah County Circuit Court. Represented Horowitz will provide background about the Pro- by prominent Portland , William Fenton, gressive Movement in Oregon; Professor Novkov Muller was convicted. He appealed to the Oregon will speak Supreme Court, and his conviction was affirmed about Muller Clockwise from in an opinion by Robert Bean. State and Bunting top right: David Horowitz, Julie v. Muller, 48 Or. 252, 85 P. 855 (1906). The court and all the is- Novkov and the upheld the law as a valid exercise of the State of sues surround- ing the opin- Hon. Jack Oregon’s police powers, finding that “the stat- Landau. ute in question was plainly enacted...to conserve ions; and Judge the public health and welfare by protecting the Landau will physical well-being of females who work in speak about ...laundries,” and that “[s]uch legislation must the Brandeis be taken as expressing the belief of the Legislature, Brief and judi- and through it of the people, that the labor of fe- cial reliance on males in such establishments in excess of 10 hours social science in any one day is detrimental to health and injuri- data in general. ously affects the public welfare.” 48 Or. at 255.

WINTER /SPRING 2005 Court might strike down the Oregon President’s Message law. Using the same reasoning, the Il- linois Supreme Court struck down a law similar to Oregon’s in Ritchie v. The U.S. District Court Historical Society marked a very success- People, 155 Ill. 98, 40 N.E. 453 ful year in 2004 and Heather Van Meter, our past president, de- (1895). Yet the State of Oregon had serves our thanks for all the hard work she put in this past year. important allies, particularly Florence In 2005 the Historical Society will continues its oral history Kelley and the National Consumers’ projects and we are already busy with various new projects. We League. One of the NCL’s important hope to make these oral histories more accessible for anyone who workers was Josephine Goldmark, sis- would like to learn more about past and present and ter-in-law of . When the in the District of Oregon. Oregon Consumers’ League contacted We are lucky to have several new attorneys joining the Society’s Florence Kelley for help, she asked Executive Committee: Tom Christ, Kristin Hazard Hamilton, John Kreutzer, Louis Brandeis to submit a brief. He David Landrum, Ken Perry, and Vicki Smith. agreed to do so, for free, but only on the condition that the Oregon Attor- Highlights from the work accomplished by the Society in 2004 include: ney General invited him to represent Famous Cases presentations: Pierce V. Society of Sisters with Prof. Paula the State. That was done and the Abrams, Dr. David Horowitz and Judge Susan Leeson and One Nation Under Brandeis Brief was born. Something: the “Under God” Clause in the Pledge of Allegiance with Kelly Brandeis believed that cases are Clark, Dr. Richard Ellis, Prof. Steven Green and Rev. Dr. Michael Newdow. won on facts, not abstract proposi- Oral histories completed: Judges Edward Leavy, Roosevelt Robinson, and tions of law. To that end, he sought Donal Sullivan. data on the impact of women’s Awards given: The inaugural Lifetime Service Award to Randall Kester. working hours from anyone with Much of the Society’s work is done in our committees, which are chaired expert knowledge of women’s labor. this year by Steve Brischetto (oral histories), Jenifer Johnston (events), Kerry In the early days of social science, data Shepherd (membership), John Stephens (Famous Cases series) and Heather assembled by and conclusions of ex- Van Meter (newsletter). perts were regarded as “facts.” In this issue of the newsletter, we tempt you with information on our May Goldmark and 10 other researchers 19 Famous Cases presentation on Muller v. Oregon and Bunting v. Oregon, went to work at New York libraries. the second of a two-part piece on Justice Wallace Carson, a book review by Two weeks later they assembled Mary Ellen Farr, a photo spread on our very successful annual meeting and enough material to create the Brandeis early info about what will be a history-making annual picnic. brief, with Goldmark listed as a co- We look forward to another active year! author. —John Dunbar The Brandeis Brief consisted of 113 pages of quotations from state and foreign statutes, reports of industrial commissions (particularly from Great continued Britain), and books by physicians and Muller v. Oregon social scientists. Some quotations de- Court in Lochner v. New York, 198 tected by the 14th Amendment of the scribed the deleterious effects long U.S. 45, had declared unconstitutional Federal Constitution. 198 U.S. at 53. hours of work had on men and a New York law that made it a mis- The Court recognized the existence women in general, but many focused demeanor to require or permit an of a state’s police powers over safety, on the effects on women in particular. employee in a bakery or confection- health, morals, and general welfare of Some of these effects related to child- ery establishment to work over sixty the public that Chief Justice Bean bearing, but many others were drawn hours in one week, or over ten hours would rely upon in State v. Muller, but to supposed physical and other differ- in any one day. The Court said in said that the limit of the power had ences between men and women: “deli- Lochner: been reached and passed in Lochner, cate nature of the foot”; “woman’s lack The statute necessarily interferes that looking through the statistics of of skill and lack of strength,” etc. By with the right of between the all trades, the trade of a baker did not contrast, Fenton for Muller, made an employer and employees, concerning appear to be a particularly unhealthy argument a “progressive” of today the number of hours in which the lat- one. Justice Holmes dissented stating would be comfortable with: ter may labor in the bakery of the em- famously: “the 14th Amendment does Women, in increasing numbers, are ployer. The general right to make a not enact Mr. Herbert Spencer’s So- compelled to earn their living. They contract in relation to his business is cial Statics.” 198 U.S. at 75. enter the various lines of employment part of the liberty of the individual pro- Following Lochner, it appeared the hampered and handicapped by centu-

2 ated substantive due process as es- poused in Lochner. Like Lochner, the rationale relied upon in Muller has not fared well either. It was undone by court decisions and other legisla- tion following passage of Title VII of the Civil Rights Act of 1964. Yet, the Brandeis Brief and the Court’s reliance on social science data have continued to have an impact on the arguments made to the U.S. Supreme Court and the Court’s opinions. This was true of the arguments presented by the NAACP Legal Defense Fund 50 years ago in Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), and no one can read the Court’s majority opinion in Roper v. Simmons, 125 S. Ct. 1183 (2005) (holding capital pun- ishment for juveniles unconstitu- tional) just last month without seeing Curt Muller (with arms crossed) challenged a 1903 Oregon law curbing women’s hours of work the influence of Muller. in factories and laundries. Photo courtesy of Bruce and Barbara Whisnant. Bibliography: ries of tutelage and limitation and re- forms, with diminishing intensity, has David A. Horowitz, On The Edge: A New striction of freedom of contract. So- continued to the present.” Id. Taking History Of 20th Century America, 1990. Chapter 2 is on the politics of the Pro- cial customs narrow the field of her “judicial cognizance of all matters of gressive Movement. endeavor. Shall her hands be further general knowledge,” the Court cited Robert D. Johnston, The Radical Middle tied by statute ostensibly framed in her the “brief filed by Mr. Louis D. Class: Populist Democracy and the Ques- Brandeis” and its “copious collection” tion of Capitalism in Progressive Era Port- interests, but intended perhaps to limit land, Oregon, 2003. Chapter 2 is on Curt and restrict her employment and of all these matters, “an epitome” of Muller. whether intended so or not, enlarging which the Court listed in a famous Julie Novkov, Constituting Workers, Pro- the field and opportunity of her com- footnote. tecting Women: Gender, Law, and Labor in the Progressive Era and New Deal petitor among men? For Progressives, who considered Years, 2001. The Supreme Court affirmed the Lochner to be a disaster, Muller was Nancy Woloch, Muller v. Oregon: A Brief decision of the Oregon Supreme an important victory. The cause was History with Documents, 1996. Court. While Brandeis and Goldmark further advanced nine years later Harvard University Library Open Collec- tions Program, Women Working, 1870- when in Bunting v. Oregon, 243 U.S. offered reasons that would have jus- 1930, http://ocp.hul.harvard.edu/ww/ tified a broader basis for the holding 426 (1917), the Supreme Court up- (something more akin to what Chief held the constitutionality of Oregon’s Justice Bean had done), Justice Brewer 10-hour work day statute that applied CALENDAR limited the rationale for his opinion to men and women. By then, Brandeis to the Court’s perception of physical had joined the Supreme Court, and May 19: Famous Cases—Muller differences between men and women. Felix Frankfurter and Goldmark, sub- v. Oregon, see p. 1 for details. Using then-modern Darwinian termi- mitted a brief for the State of Oregon. June 23: Summer Associates nology, he said: “That woman’s physi- Not to be outdone, the brief numbered Program cal structure and the performance of 1,021 pages and was published in two July 21: Oral History Volunteer maternal functions place her at a dis- volumes. Muller is seen by Novkov as Training Workshop (see insert) advantage in the struggle for subsis- paving the way for judicial acceptance tence is obvious. This is especially true of gender-neutral protection of work- August 14: Annual U.S. District when the burdens of motherhood are ers in Bunting. Court Historical Society Picnic. It upon her.” 208 U.S. at 421. He went While Muller and Bunting did not will be history in the making! See on: “[H]istory discloses the fact that have the immediate effect Progressives p. 5 for more information. woman has always been dependent had hoped for (the Supreme Court September 29: Famous Cases— upon man. He established his control revived Lochner in the 1920s striking Ron Lansing discusses the at the outset by superior physical down minimum wage legislation), ul- Trial. strength, and this control in various timately the New Deal Court repudi-

3 Chief Justice Wallace P. Carson, Jr.: The Legislative Years

This concludes a two-part article on health and welfare of the aging popu- And I think we finally wound up with Chief Justice Wallace P. Carson, Jr. lation, long before it became a popu- one on contributions, and it ultimately (Part 1, Summer 2004). This article lar issue. “It became readily apparent came to this court in Deras v. Meyers. was developed from Justice Carson’s to me that gerontology was starting to The court declared our single attempt oral history, housed at the Oregon be big. Problems with nursing homes to control costs of campaigning to be Historical Society on behalf of the U.S. were surfacing and there was a role for unconstitutional....in those days, I District Court of Oregon Historical government in dealing with its older didn’t take too kindly to a trial court Society.) citizens. There were organizations that and saying what I did saw the need to fill in these gaps be- was unconstitutional.” fter joining his family’s Salem law tween the major passages in a person’s Carson served on a special commit- Afirm in 1962, Wallace P. Carson, life, from full independence to total tee for Equal Educational Opportunity, Jr. maintained a successful law prac- dependence.” This was at an early proposing legislation that would fund tice during the 1960s and 70s, work- point when the state government saw basic curriculum for all schools. The ing with his father and uncle. Carson that there might be a role government legislation was intended to better dis- felt a strong sense of duty to improve could play in encouraging providers to tribute education funding in Oregon, his community and his state. Through- develop services that could assist in a which was otherwise reliant on ineq- out his adult life, Carson has served range of areas (meal, housekeeping, or uitable local real property taxes for groups ranging from the Salem Plan- transportation services) so that a per- school support. Carson believed that ning Commission and Mid-Willamette son could function reasonably well in all children deserved to be taught a Valley Council of Governments Com- their own home. core curriculum regardless whether the prehensive Planning Committee to the Carson served on the Elections Com- school district had low or high real Oregon College of Education Teacher mittee, which attempted to adopt early property tax income. Part of the legis- Education Advisory Committee, the campaign finance and contribution lation would have provided for com- Oregon Lung Association, Interact (a disclosure laws. The legislation was munity rather than school district community health organization), and declared unconstitutional by the Or- ownership of school facilities, encour- Project Foresight (a egon Supreme Court. “Campaigns aging community use of the facilities environmental protection group). were becoming more and more costly. and promoting a stronger connection “I identify with this community [Sa- The television was becoming an even with and commitment to the schools. lem] and always have....I felt I could greater influence on our lives, and it “The idea that the schools were only bring something to the community in was becoming very expensive, so the for the janitors and the faculty and the which I lived and where my family was cost of campaigning was starting to students...[and that] the schools were growing up.” escalate substantially. And we made not a community asset, that’s wrong.” Carson was elected to the Oregon some attempts to limit campaign con- People felt disenfranchised ... ‘Why House of Representatives in 1966, and tributions or campaign expenditures. should I pay my property taxes for

began his solid legislative career with Photo by Jack Liu the 1967 session. In 1970, Carson was elected to the Oregon Senate, where he served the next seven years. He served one term as majority leader in the House. During his terms in the Sen- ate, as a Republican, Carson was fre- quently in the minority. In the legislature, Carson served on several important committees. While on the Joint Committee on Professional Re- sponsibility, he worked to adopt new sunshine laws, ensuring public access to government meetings, budgets and records. These laws also required reg- istration of lobbyists in Oregon for the first time. Carson served on the Joint Commit- Chief Justice Wallace Carson (right) with Justice Michael Gillette (center) and Justice William tee on Aging, working to protect the Riggs at the University of Oregon Law School. (courtesy of Jack Liu and the U of O Law School)

4 something... I don’t have any kids. Why should I do it?’ You could build History Making at a bridge between the community and the taxpayer, or the school and the tax- Our Annual Summer Picnic! payer, by this community effort.” Mark your calendars! On Sunday, August 14, the There was great opposition from edu- annual United States District Court of Oregon His- cation and other groups, and the pro- torical Society’s picnic will take place at the Leavy posed legislation never reached a hop farm near Champoeg Park. It will be an assem- committee vote. bly of history makers. Invitees include those who have Carson served on a Prison Industries made history in the Oregon state courts as well as Advisory committee that attempted to Oregon history makers in the legislative and execu- Judge Edward Leavy increase the work activities of the in- invites you to the tive branches of our state and federal governments. mate population, possibly teaching the summer picnic. This year’s event features the celebration of the 60th inmates trades to decrease the recidi- Anniversary of August 14, 1945, V-J Day. Every member of the Oregon vism rate over time. He initially fought State who is a veteran of World War II will be invited and recognized. legislation to allow churches and chari- All Second World War veterans who attend as family of guests will also be table organizations to hold bingo welcomed. games. “That was our movement to- We will welcome Chief Justice Wallace Carson of the Supreme Court along ward Nevada. That sounds like an with other present and former justices. We will also celebrate 9th Circuit overstatement, but we had a fairly sig- Court of Appeals Senior Judge Alfred T. Goodwin’s 50 years of service. A nificant constitutional requirement former U.S. District Judge, Goodwin was appointed to the Lane County that...games of chance were prohib- Circuit Court in July 1955. ited, and bingo is a game of chance. While this picnic is shaping up as a historic not-to-be-missed event, we But there was a strong movement to want to assure past attendees that some treasured aspects of previous pic- allow the very innocent bingo game, nics remain the same. The picnic features the same lovely setting of the and I opposed that. It was a hard po- Leavy hop farm, great food, and family fun that are so popular with our sition to take ... it was a fundraising young and not so young guests. tool for a number of organizations. I resisted it and got steamrolled because Our thanks to the Federal Bar Association, the Attorney Admission Fund, Wil- there was enough support for it... and liams, Kastner & Gibbs, and the American Board of Trial Advocates for their I actually wrote the constitutional generous co-sponsorship. As we continue planning for the event, we hope ev- amendment that changed it. I have a eryone will mark their calendars for August 14th and make plans to attend. view that if I’m going to get steamrolled, flattened, I want a bill that cally and physically impossible for me and then all of them seemed to grow I oppose to be the best bill possible. to be a good lawyer and a good legis- in the position. I’m very proud of our We got bingo and then we later got lator. So that was a disappointment, governors and immodestly boastful of lottery, and now we have gambling big to have to leave, but I left at a high the fact that I’ve known and worked time. And we’re the worse for it. point rather than getting drummed out with most of them. I enjoyed almost There’s no question in my mind.” because I wasn’t doing my lawyering every minute of it.” During his legislative service, Carson or wasn’t doing my legislating.” Carson’s call to serve the state did supported the adoption of mandatory While serving in the legislature, not end with his legislative career. minimum prison terms for certain of- Carson came to know and worked Governor Straub appointed Carson to fenses. This legislation addressed the with Governors , Tom the Marion County Circuit Court in growing number of heinous crimes at McCall, and Bob Straub. Carson re- October 1977. Carson resigned his a time when the death penalty was re- called that McCall “was quite a char- position as a state senator on October peatedly rejected by the legislature. acter” and Straub “a very decent 21 and began working as a circuit Carson was not a supporter of the fellow and has Oregon at heart.” He judge on October 24. He was elected death penalty while in the legislature, also came to know Vic Atiyeh while to a six-year term in 1978. Governor but has repeatedly enforced the law they both served in the Oregon Legis- Atiyeh appointed Carson to the Or- since it was re-adopted in Oregon. lature and recalled that working with egon Supreme Court in July 1982. He Carson continued his Salem-based him “was delightful.” Governor was elected in November 1982 and law practice while serving in the legis- Atiyeh later appointed Carson to the won subsequent elections. He was lature. After his father’s death and Oregon Supreme Court in 1982. elected by members of the court to uncle’s retirement, Carson announced “We’ve not had the [ups and downs serve as Chief Justice in 1991. Carson early in 1977 that it would be his last that other states have experienced in continues to serve on the court as Chief legislative session. “I really enjoyed the their leadership]. We’ve just had very Justice. legislature, but it had become economi- good people, good when they came in

5 Mark Weatherford: ON OUR MEMBERS’ BOOKSHELVES “A Lawyer’s Lawyer” PORTLAND CONFIDENTIAL: By Adair Law SEX, CRIME, AND CORRUPTION IN THE ROSE CITY By Phil Stanford Many thanks go to the Hon. Owen WestWinds Press, 2004 Panner for passing on the materials Reviewed by Mary Ellen Farr that make up this article, which in- clude various speeches by Mark Phil Stanford describes his book as “hardly an analytical work.” Weatherford, portions of his corre- He elaborates: “It is simply an attempt to tell the story of a long- spondence and an excerpt about ago time and the—quite literally—fabulous characters who played Weatherford from Michael Cowgill’s a part in it.” Stanford concentrates this effort on the scandals of History of the Weatherford Law Firm: Portland in the late 1950s which culminated in Portland’s mayor, 1875-1975. chief of police, and district attorney being indicted for corruption and being brought before a Senate investigative committee in . ark Vern Weatherford was born The story is in fact a fabulous one, full of larger than life criminals, madams, MMarch 5, 1886 on his parents’ bootleggers, and politicians. Stanford also provides an instructive picture of ranch south of Arlington, Oregon. His the cyclical nature of Portland politics where crime bosses rise in importance, parents were William W. Weatherford to be replaced by anti-crime forces, and then later it’s “business as usual” and Alice Sperry. He described his with the crime bosses back in ascendancy. mother as a woman who raised “a Stanford tells his story in a gutsy, rough and tumble journalistic vernacular large family and suffered the sorrows which matches the subject well most of the time, but which occasionally will of losing 4 children at a tender age.” leave the reader wondering what Stanford means. For example, he notes that His father “did not secure any educa- a man ended his life as a “gandy dancer,” an old term for a railroad worker tion, other than the ability to sign his that most readers aren’t likely to understand. Stanford’s narrative style can name....he learned to read printing but become colloquial to the point of distraction. Talking about the so-called couldn’t read script.” “crime boss” Jim Elkins, Stanford says: “Elkins goes to Seattle to see if he While attending Oregon Agricul- can work out something with the Teamsters. Elkins understands the Team- tural College, Weatherford was active sters. They’re crooks just like he is.” in political life on campus. He served The nostalgia created in the book makes it a fun read in the same way that as president of his senior class, was Stanford’s newspaper columns can be fun reads. The photographs he has Colonel (the highest ranking officer) collected are in themselves almost worth the price of the book. In one photo- in the ROTC Corps and he was also graph William O. Douglas hikes with a jodhpur-clad Robert Kennedy. He an active athletic manager for several includes photographs of many of Portland’s great legal and illegal characters varsity teams. After graduating from of the era, including photos of such exotic dancers as Princess Renee, Candy OAC in 1907, he Renee, Tempest Storm, and Candy Barr. attended the Uni- According to Stanford, the Portland of the 1950s was a place where sin versity of Michi- and redemption made a continuous circle. The city of sin is full of brothels, gan Law School, drugs, violence, pinball machines and corrupt politicians. For example, graduating in Stanford recounts a story of a young policeman on the city’s vice squad. The 1910 with a young officer meets a prostitute (almost always called a “hooker”) who takes LL.B. degree. him to her home. As soon as she asks him for money, he arrests her. He then While he was a arrests the other people in the house. One of the men in the house asks to student at Michi- make a telephone call. He hands the telephone to the policeman. On the gan, he prepared a brief for a case his other end is his commander who chastises the officer: “Whaddya think you’re uncle James Weatherford, a lawyer doing? . . . Get out of there.” practicing in Albany, was handling. It is interesting to see the nascent careers of familiar people, from national The case eventually went to the U.S. figures like John and Robert Kennedy to local celebrities like Gerry Frank, Supreme Court and Mark entered into Dick Bogle, and Doug Baker. Stanford reports various oral and written ru- a partnership with his uncle when he mors, yet he leaves the reader wondering how much real analysis has gone graduated. into the book. While harsh allegations are made against many people in the Lacking a Democratic candidate for book, he doesn’t reveal enough about his sources to allow the reader to test Congress from Oregon’s first district whether to accept or reject the allegations. Since virtually all of the people in 1916, former Gov. Oswald West discussed in the book are dead, it is unlikely that anyone can take the author worked to have him nominated as the to task on the factual assertions in the book. party candidate. Weatherford secured

6 the Democratic nomination and re- ceived support from the early Prohi- bitionist Party. He didn’t win, but he would go on to become the state chair- man for the Democratic Party in 1927. Mark was commissioned a first lieu- tenant in 1917 after the United States became involved in World War I. He was assigned to the 35th Combat Di- vision in France and was engaged in direct combat in the Battle of Argonne. As an ordinance officer, he supervised the replenishment of ordi- nance and saw to the maintenance and repair of the field weaponry. He or- ganized mobile repair crews that trav- eled directly to the weapon sites and made the necessary repairs on the site, quite an innovation in its day. His plan was later put into effect throughout all artillery units of the Army. He and Harry S. Truman both served as cap- tains in the 35th Division. During the course of the war, Mark suffered gas poisoning and at war’s end was com- pletely debilitated by physical exhaus- tion. He was hospitalized for a period Attending the dinner (clockwise, starting from upper left) Carolyn Buan and ; in southern Italy. Nancy Panner, Judge Malcolm Marsh, Sherry Marsh, Judge Owen Panner; Molly Burns, After returning to the United States, Steven Wax and Helen Burns; Clifford Freeman and James Mooney; Linda Sherry; Suzanne he did not immediately return to law and Judge Michael Mosman; outgoing president Heather Van Meter. practice, but took over the operation of his father’s wheat ranch near Ar- lington. He didn’t return to the prac- New Recognitions and Firm Friends tice of law with any relish until 1925 bustling group of members and supporters of the U.S. District Court of when he rejoined the practice with J.K. Oregon Historical Society gathered at the Governor Hotel on October Weatherford. Mark was described as A 28 for the Annual Meeting and Fall Celebration dinner. After a lively cocktail “afflicted with a love for the practice hour had progressed into dinner, President Heather Van Meter welcomed a of trial law, an individual who thrived wide range of members and guests. Members approved the new officers (John on challenge; always restless for an op- Dunbar, President; Jenifer Johnston, Vice President/President-Elect; Kelly A. portunity to try a case that mandated Zusman, Treasurer; Karen Saul, Corporate/Executive Secretary) and execu- creative thinking....Nothing gave him tive committee members for the coming year. more delight than to prepare and try Randall Kester was the inaugural recipient of the U.S. District Court His- a case that was without legal prece- torical Society’s Lifetime Service Award. Excerpts from his oral history were dent in the courts of this state.” He combined with photos of many of the pleasures from his life of work and and his uncle specialized in criminal leisure in Oregon. Many thanks to Donna Sinclair and Karen Saul for putting cases. Mark defended over 50 homi- together the presentation. The audience showed their support of Kester’s re- cide cases and no client was ever sen- ceipt of the award with warm applause. tenced to death. The Honorable Edward Leavy was the evening’s speaker. Judge Leavy noted Weatherford was known for his that he had served in every judicial capacity in the state of Oregon, which public speaking and his ability to simply showed that he “just can’t hold a job.” Leavy joined the federal bench present ordinary objects in an unusual in 1984 and in 1987 was appointed to the Ninth Circuit Court of Appeals. In manner. He tried a criminal case in 2000, he was assigned to mediate U.S. v. Wen Ho Lee, a case that he de- which one of the state’s witnesses was scribed at some length, to the audiences rapt attention. shown to be a perjurer under cross At the end of the evening, Heather Van Meter passed on the president’s examination. He made this argument gavel to John Dunbar. Not surprisingly, the past president enjoys history. To to the jury about the star witness: her delight, she was presented with a photograph of Celilo Falls. Continue on page 6

7 Weatherford cont. from page 5 nia, exercised influence over this man DIRECTORS OF THE SOCIETY in Brownsville, Oregon, at the time he OFFICERS: Hon. Ancer L. Haggerty, Board, Chair- “When his perjured soul shall descend wrote this will?’ Garland responded, man, Ex-Officio; *John Dunbar, President; * Jenifer to the nether regions, the vulture of ‘Mr. Weatherford, you may shatter the Johnston, Vice President/President-Elect; * Kelly A. hell shall turn from his stinking car- Zusman, Treasurer; *Heather J. Van Meter, Immedi- vase, if you will, but the scent of roses ate Past President; * Karen Saul, Corporate/Execu- cass and vomit.” After the trial, the lingers about it still.’” tive Secretary sheriff, who was a friend of Mark’s, Along with his legal work, BOARD MEMBERS: *Hon. Thomas A. Balmer; Jef- asked “Marcus Aurelius, where did Weatherford was active in the opera- frey M. Batchelor; The Belloni Family, Honorary; you get that trained buzzard?” tion of his wheat ranch near Arling- Ernest Bonyhadi, Honorary; *Stephen L. Brischetto; He clearly had an ear for a well- *Hon. Anna J. Brown; The Burns Family, Honorary; ton. He made extensive study of the Hon. Wallace P. Carson, Jr., Ex-Officio; William G. turned phrase. In a letter dated Nov. effects of wind and water erosion on Carter, Ex-Officio; *Thomas M. Christ, *Robert L. 4, 1958 to Jus- wheat ranches and was in the fore- Cowling; Mr. George Fraser, Honorary; *Kristin J. tices Kenneth O’Connell and Gordon Hamilton; Douglas G. Houser; Dr. David A. Johnson; front of introducing soil conservation Lisa M. Kaner; Dennis C. Karnopp; Randall B. Kester; Sloan, he wrote of his pleasure in cast- measures in . He main- *Daniel F. Knox; *Hon. Jack L. Landau; *Hon. Ed ing his ballot “for two good Demo- Leavy; *William R. Long; Prof. Ralph J. Mooney; tained an active interest in Oregon *Nancy J. Moriarty; *Chet Orloff; Hon. Owen M. crats for Justices of the Supreme history, especially the period of the Panner; *Ken Perry; Dr. John C. Pierce, Ex-Officio; Court.” He then regaled them with Indian wars. The collections of the *Hon. James A. Redden, Honorary; *Daniel K. stories of other campaigns and his Reising; *Peter C. Richter; *Karen E. Saul; *Owen Oregon Historical Society contain five Schmidt; *Kerry J. Shepherd; *Donna L. Sinclair; work with various Oregon Demo- of the book he wrote, four on various *Vicki Smith; Elizabeth Solomon, Honorary; Rich- crats. He recalled Senator Sam Gar- aspects of Indian history in Oregon ard B. Solomon; Katherine Somervell, Ex-Officio; land, a Southern Democrat living in *Thomas W. Sondag; *John W. Stephens; Caroline P. and the other a Sperry-Weatherford Stoel; Owen Von Flue; *Steven T. Wax; Prof. Mary Lebanon. He was elected state sena- family history. He and his wife, the C. Wood tor to succeed Senator Milt Miller. The former Emma J. Kuhn, had five chil- *Executive Committee members two met on the street and Miller said, dren, two of whom survived to adult- 2005 LIFETIME MEMBERS: Jeffery Batchelor, “Senator Garland, how does it feel to hood to raise families of their own. Frank Bauman, Owen Blank, Donald Cinnamoond, be in my shoes?” Senator Garland re- Paul Fortino, George Fraser, Edwin Harnden, Cynthia In 1957, members of the Linn Harrison, Douglas Houser, Hon. Robert Jones, plied in his southern accent, “Youah County Bar presented him with a Randall Kester, James Knoll, Jeffrey Mutnick, shoes, Senata Millar, are a little tight, plaque that read: “To Mark V. Elisabeth and Verne Newcombe, Daniel O’Leary, but youah hat is plenty large.” Hon. Owen Panner, Hon. Edwin Peterson, Dian Weatherford, who’s every contact as Rubanoff, Sarah Ryan, Arlene Schnitzer, John L. Weatherford recalled another inci- an adversary, colleague, or friend Schwabe, Norman Sepenuk, Arden Shenker, Richard dent. “When I was young in the prac- Solomon, Gayle Troutwine, William White, Donald caused each of us to be a better citi- Wilson, Kelly Zusman tice, there was a will contest and zen, a better lawyer, a better man.” Senator Garland was a witness. With On two separate occasions, 2005 IN MEMORIAM: Hon. Robert C. Belloni, the enthusiasm of youth, I asked the Hon. James Burns, Raymond Conboy, George D. Weatherford declined appointments to Dysart, Wayne Hilliard, Chester E. McCarty, and Senator on cross examination: ‘Sena- the Oregon Supreme Court. He passed Frank Pozzi tor Garland, how do you figure this away in 1962 Newsletter Editor: Adair Law (503) 240-0993;

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