The U.S. District Court of Oregon Historical Society Newsletter George H. Fraser 2010 Lifetime Service Award Winner by Adair Law

The U. S. District Court of Oregon His­torical Soci- With Katharine’s encouragement, John went to ety proudly announces that George Fraser is the University of Illinois Medical School and George recipient of the 2010 Lifetime Service Award. The was born while he was in school. Three years award recognizes George’s many years of dedication later, another son, Jack, joined the family. The to preserving Oregon’s legal heritage through the Fraser family settled into Monticello, Iowa, a U.S. District Court Historical Society of Oregon farming community of 2,000, on a family farm as well as his example of professional ethics. two miles out of town. They raised oats, hay, Information for this article comes from an oral corn, beef cattle, hogs, and lambs. George and history (1993-2000) of George Fraser conducted Jack walked or rode their ponies to school. He by Thomas Stoel and interviews with George learned how to handle himself around the farm Fraser, Karen Creason, Barnes Ellis, and Peter from a young age. A later colleague of George’s, Jarvis. Many thanks to Kathleen Wilson for her Karen Creason, commented that from his father, kind assistance. George learned “not only about medicine but human nature, as well as a kindly disposition George Howden Fraser and an unshakeable calm demeanor in the midst came into the world on of chaos.” May 23, 1917 in Illinois. Continue on page 6 His father, John Howden Fraser was born in Selkirk, Scotland in 1890 and came through Ellis Island with $50 in his pocket around 1909. He made his way to the wheat country of George Fraser, a young sailor boy from Iowa. Jamestown, North Dakota to work with a cousin who’d arrived earlier. John furthered his educa- tion by working his way through and graduating from Jamestown College and went on to work as an assistant to a biology professor at Iowa State College. George’s mother Katharine Ethel George was born in Iowa in 1889. Her forebears homesteaded in the Iowa Territory and made a good living through farming. She graduated from Rockford College in Illinois and became a teacher. She met John Fraser at Iowa State while she was taking George Fraser receives the commemorative Life- summer classes. They married in 1915. time Service Award vase from David Landrum.

Fall 2010 1 President’s Message

After serving as President for the past two years, this is my final President’s message. I got plenty of help from immediate past President Kerry Shepherd and past President Jenifer Johnston and was also very lucky to have the guidance of Judge Edward Leavy and Judge Anna Brown. We have a creative and conscientious board of directors, and although I ran the meetings, they did the work. Since 2009 we’ve increased our collection of oral histories and partnered on events with the Oregon Chapter of the Federal Bar Association. We’ve had successful picnics, annual dinners, and engaging Famous Cases presentations. Oregon Supreme Court Justice Tom Balmer made the most recent Famous Cases pre- sentation on October 21 in Judge Michael Mosman’s courtroom in the Hatfield Courthouse. Justice Balmer spoke about U.S. Supreme Court Justice Holmes, his life and the experiences that formed his approach to the law, and at times seemed to contrast with his rulings. It was informative, entertaining, and taught me things I did not know. Along with honoring George Fraser as our Lifetime Service Award winner at our annual dinner, we had a terrific presentation by Don and Susan Marmaduke, which Jennifer Esmay covers in her article. We displayed a piece of artwork donated to the Society by former Multnomah County Circuit Judge Sidney Galton. The work, “Hamilton Hotel Fragment No. 7” by artist David Strough, consists of a large piece from the facade of the Hamilton Hotel, which stood on SW Third Avenue in Portland where the Hatfield Courthouse now stands. We hope to hang the work near the main lobby display case containing the urban artifacts unearthed during the construction of the courthouse. Judge Anna Brown spoke about the piece and its donation. During annual dinner cocktail hour, we showed a video, created by Peter Richter, of short interviews with many of the distinguished trial attorneys honored at the 2010 Annual Picnic at the Leavy family’s hop farm, where we had quite a turnout of honored guests. The video-recorded interviews are history in its most elemental form: peo- ple who were there, telling their stories first-hand. The central mission of the USDCHS is the preservation of past events in law practice here in Oregon, so that we can understand its practice today. Events, objects, and the recorded experiences and recollections of our colleagues in the Oregon bar are the stuff of history, the “stuff” our organization works to preserve. Whether a picnic in Aurora or a jury trial in Portland, Bend, Medford, Pendleton, or Burns each event contributes to that history. We as individuals look to the past to guide us in the present; the law looks to the past in the form of precedent to guide its application in the present. We appreciate the commitment of our board, members, and friends to that preservation. The Society hopes to modernize our preservation methods by creating a digital copy of our documents, transcripts, audio recordings, video and photographs, and digital photographs of the artifacts, so that our collection can be made more widely available. We expect in the coming year to approach our members, friends and supporters for ideas and contribu- tions toward that digitization project. We were heartened by the passage of the bond levy for five-year funding of the Oregon Historical Society, our partner in housing and cataloguing our collection, and we are committed to supporting the continued existence and flourishing of that organization. Yet as priorities have changed in the current climate, our organization also needs to take responsibility for preserving our collection, making its existence known to all those who would use it, and to make it accessible. It has been an honor to lead the organization for these last couple of years. I remain committed to is core mis- sion, and hope you, too, are mindful of its value. Kari Furnanz takes over as President on January 1, 2011. I hope you will join me in supporting Kari in her work leading the USDCHS. We look forward to seeing our friends, old and new, in the coming year. – David Landrum

2 U.S. District Court of Oregon Historical Society The membership is a form of continu- practitioners, he said, “there is a his- ing recollection as well, of the many tory to the development of the Court, experiences of trials and appearances and we place ourselves within that in Court.” historical context by our continuing Lastly, when I asked what message practice. No one is an island in time he would like to convey to his fellow or place.” Magistrate Judge John (Jack) Cooney Unveiled By Jolie Russo n November 5, 2010, colleagues, family, and friends of Magistrate Judge Ellen Rosenblum with Arden OJudge John P. Cooney gathered at the James A. Redden Courthouse Shenker at this year’s summer in Medford for the unveiling of his portrait. Judge Cooney began serving as associates reception. Medford’s first magistrate judge in 1988 and continued until he retired from full-time status in 2007. For more information about Judge Cooney’s life go Lifetime Member: Arden Shenker to www.usdchs.org and look at the Winter/Spring 2010 Oregon Benchmarks Practicing, article by Josh Smith. Chief Judge Ann Aiken welcomed the standing room only crowd and shared Making History her memories of Judge Cooney’s assistance with the Medford docket when By Jennifer Esmay she was appointed to the bench thirteen years ago. A friend since the 1950s, Judge James Redden introduced his friend to the audience, and then assisted his month, we honor Lifetime Judge Cooney with the unveiling. Other judges in attendance were Medford’s Member Arden Shenker who T Senior District Court Judge Owen Panner, Portland District Court Judge has his own practice at Shenker and Anna Brown, Portland Senior District Court Judge Robert Jones, Portland Bonaparte. He specializes in com- Magistrate Judge Dennis Hubel, and Medford Magistrate Judge Mark Clarke. plex business, energy, environmental, A lively reception followed in the lobby of the Redden Courthouse where commercial and civil litigation, and friends, family, and colleagues shared stories of Judge Cooney’s “reign” in administrative proceedings. Admitted Medford. Judge Cooney continues to work part-time on a Magistrate “recall” to the Oregon Supreme Court in 1962 status with the U.S. Courts. Judge Cooney’s portrait will be hung in the sec- and the U.S. Supreme Court in 1967, ond floor Courtroom in the Redden Courthouse. Arden has appeared as lead counsel The portrait unveiling and reception was co-hosted by the Federal Bar in scores of federal and state court Association, Oregon Chapter (current President Edward Tylicki) and the proceedings, together with complex Oregon U.S. District Court. arbitrations and mediations. For more than 30 years, he has also represented and defended class actions. Among other accomplishments, Arden is also founder of the American Lead- ership Forum, and was a Presidential Appointee to the Martin Luther King Jr., Federal Holiday Commission. Arden said that he became a life- time member because then-USDCHS president Ellen Rosenblum (and future judge) asked and he couldn’t say no. But he also admitted, “it also occurred to me that it might be cheaper to buy a life membership than to pay annu- ally! The main reason, however was that I thought it was a good statement and symbol for identification with the From left to right: Judges Owen Panner, John Cooney, James Redden and Chief Court and the history of the District. Judge Ann Aiken at the unveiling of Judge Cooney’s portrait.

Fall 2010 3 Above: The evening’s speakers, Susan and Don Marmaduke. Left: President David Landrum receives an historic photo from former and future presidents Jenifer Johnston and : Kari Furnanz and Judge Anna Brown. An Inspiring Discussion on Human Rights By Jennifer Esmay e honored George H. Fraser ingly forgotten. He began speaking They were ordered to only bring what Won October 28, 2010 as this about childhood memories of what they could carry. They left most of year’s recipient of the 2010 U.S. now is known as Portland’s Old Town their belongings behind. Even children District Court of Oregon Historical and how it was once the thriving area were born in these relocation camps.” Society’s Lifetime Service Award. The known as Japantown. “Japantown Don said that, “when they came back Governor Hotel ballroom proved the spanned 10-12 blocks between First to Portland, the thriving town they ideal setting for this year’s meeting. and Third Avenue and Couch and had created was destroyed.” In addition to honoring Mr. Fraser, Davis. It was thriving before 1942. In Just over there the featured discussion on “Oregon 1942 the government mandated that Lawyers and Human Rights” by Don all Japanese people move to camps—it Was our old community Marmaduke and Susan Marmaduke didn’t matter if they were American Echoes! Echoes! Echoes! was inspiring. Don began by noting citizens or not. There were approxi- Poem by Masaki Kinoshita, located that he knew George Fraser, that he mately 120,000 people of Japanese at the Japanese American Historical © got some of his best tips and “ideas ancestry who were told they had to Plaza Oregon Nikkei Endowment, 1990. that met with great success from move to relocation camps. Seventy- that man.” Don said that he can still seven thousand were American Japa- Don then spoke of how ten years remember when George told him that, nese Citizens.” He recalled how he later the McCarthy Era brought the “the truth is usually reasonable.” He lived in NE Portland on Columbia fear of Soviet Communist concentra- recalled the many ways George helped Boulevard; and how he lost track of tion. The House Un-American Activi- him and he thanked him. a friend in 1942, Helen Kinoshita. ties commission was handing out Interviewed by his daughter Susan, “She and her family were mandated to extrajudicial punishment and there Don spoke about moments in Oregon move inland. The government forced was no significant outcry. “America history when human rights were seem- them to move to a Japanese camp. was under siege. People were being targeted by the government. People relied on the 5th Amendment if it was determined that they were affili- ated with communists. In 1954, the Committee came to Oregon and 53 people were identified as informants. They had two days of hearings in what was Judge Claude McCulloch’s courtroom at the time. For one rea- From left: Vice President-elect Steve Joncus and Jon Stride; Scott Wilson, grandson son or another, they focused on Reed of George Fraser and his wife Laura Wilson. College Professor Stanley Moore. He

4 U.S. District Court of Oregon Historical Society Top row, from left: Lennette Watson and previous LSA recipient Norm Wiener; Nancy Moriarty and Ned Perry; Secretary-elect Shannon Vincent and past President Kerry Shepherd. Bottom row, from left: Judge Trisha Brown, Cleve Abbe, Judge Adrienne Nelson and Theodore Poole; Marie Eckert, Don Bowerman, Judges Owen Panner and Dennis Hubel; Bob Huntington, Camp- bell “Cam” Richardson and Don Marmaduke. was called and declined to respond to had a 100 percent success rate in Judge Leavy for allowing us to have any of the Committee’s questions on representing the prisoners there. the picnic there this year; to the all 1st and 5th Amendment grounds.” The people detained in Guantanamo board members; chairs of the com- Don recalled how the President of didn’t pose a danger to anyone and mittees for getting things done; and Reed took the position that using the were released on that basis. The main a special thanks went out to Jenifer 5th Amendment (to put it nicely), was issue of habeas corpus—Was it legal Johnston, Shannon Vincent, Carra not a professional way of dealing with to hold them there? —was also later Sahler, Kathryn Roberts, and Kari the Committee. The Reed Board of challenged by seven other private law- Furnanz for organizing the wonder- Directors found Mr. Moore guilty and yers in Portland, including William ful meeting; and to Owen Schmidt ordered him to be dismissed because Crow at Schwabe, Paul Fortino, Tom and Jeanne E Galick for photos of he exercised his 1st, 5th, and 14th Johnson, Cody Weston and others at our event. Amendment rights. The alumni, fac- Perkins Coie. They joined in to chal- Judge Anna Brown gave thanks ulty and student board were opposed lenge the detainments. The results: all to Sid Galton—now retired, but to his dismissal. clients either have been released or formerly a Multnomah County Cir- The last human rights discussion they are cleared for release.” On that cuit judge—for the donated artwork was about more recent events—the note Susan and Don concluded with titled, “Hamilton Fragment #7,” detainment and incarceration of pris- a message. “Step up at the moment which was created by David Strough, oners in Guantanamo Bay prisons human rights are infringed upon and a local artist. The official location of without lawyers. Don said, “American take action.” the artwork is being decided. people were told they were worst of In addition to the keynote address, Thanks also goes out to all the law the worst. But were they?” He spoke President David Landrum, requested firms that sponsored tables: Mar- of Portland’s Steve Wax and how he a vote on and then introduced the kowitz, Herbold, Glade & Mehlhaf; and six of his colleagues at the Fed- new Historical Society board mem- Lane Powell; Harrang Long Gary eral Public Defenders Office started bers who will serve for the next two Rudnick; Tonkon Torp; Perkins Coie; the defense in 2005 of alleged enemy years. David extended thanks to all Hoffman Hart &Wagner, Klarquist combatants. “Since then, out of about the trial attorneys who came and Sparkman; Stoel Rives (for sponsor- 500 prisoners, 345 have been released. were honored at the annual picnic ing three tables); and Miller Nash Currently Mr. Wax and others have at Judge Leavy’s hop farm, and to (for sponsoring two tables).

Fall 2010 5 George Fraser continued from page one George attended Monticello grade of the day. school and high school. He partici- After June 1936, George went home pated in 4H projects, received his to work on the farm. His uncle wanted Eagle Scout badge at 15, and was on to increase his cattle herd and told the basketball and track teams. As a him he’d finance him in feeding a load senior, George won an essay contest of cattle, so that George could make about the importance of pasteurizing enough in his year away to keep from milk sponsored by the Iowa Tuber- taking outside jobs when he returned culosis Association. He was asked to college. He and his uncle drove to to read his essay on WHOC radio in western Nebraska to buy 300 head Des Moines where he met an affable of three- and four-year-old Hereford radio announcer who smoked a pipe steers. They were marooned for three and introduced himself as “Dutch” (or days by a snowstorm. After they took Ronald) Reagan and was very helpful delivery of the cattle, they discovered in explaining the instrumentation on many were unwell. The problem was his broadcasting equipment. foot rot and before they were able to control it they lost 70 of the origi- College and War Years nal 300. Ensign George Fraser. George graduated in 1935 and Fortunately, George had purchased thought of going to the University three calves as part of a 4H project loud in the manner in which he lec- of Iowa but his mother felt that it and he fed and raised them. One calf, tured….he would call on you during was too much of a party school. He Dut, had the excellent appearance class to recite on a particular case. He went to the University of Wisconsin, and confirmation to become a grand had an attendance chart before him, which, unbeknownst to his mother, champion shorthorn at the Iowa State and he would put down some sort of was the country’s first public uni- Fair, a first prize animal at the Chi- a mark as to whether your answer versity to serve beer in its student cago International Livestock Show, was acceptable, outstanding, or unac- union. George went out for the crew and was then purchased by a seed ceptable. When he came to the end of team and his days fell into a pattern corn company to advertise its hybrid the year, he’d review these marks….I of classes, several hours of work in corn. George earned $280 in prize remember that whenever he was in my a deli, rowing from 3 to 6 o’clock, money for Dut and he returned to part of the room calling on students, then work “hashing” in a restaurant college in fall 1937. my handwriting as well as the hand- for his evening meal. He often found George finished his major in three writing of any of the students near himself too tired to study at the end years and took a range of law school me, went to pieces. I could tell today, electives his senior year. He graduated going back to my notes, when he was with an economics major and a minor in my part of the room.” in political science. He applied to Har- “Toward the end of the year one vard Law School and received a $200 day, he came to my name and he said, scholarship toward the $400 tuition. ‘Mr. Fraser.’ And I said, ‘Yes’ (and George found a room in a private my voice raised two octaves). And home for $5 a week and could buy his comment was, ‘You have a curi- two or three meals a day for $.50. His ous record indeed, at times genius, at first-year classes included contracts, other times, insanity.’” George got an torts, a course called judicial reme- A in the class. dies, and first-year property (taught On December 7, 1941 George was by Edward “Bull” Warren, the model with a co-worker at the Harvard Legal for Professor Kingsfield in the movie Aid staff wallpapering some new The Paper Chase). George recalled offices. On hearing the news about that Professor Warren was “….short, the Pearl Harbor attack, “We stopped squat and undoubtedly in his youth, wallpapering and started drinking Dut the champion and his handler. a very strong individual….He was beer.” In February 1942, George was

6 U.S. District Court of Oregon Historical Society commissioned as an ensign in the her many sterling qualities, George Navy, yet was able to complete his noted that “no matter where she second year of law school. The Har- was, Doris could have a job within vard Business School had been taken 24 hours.” As a married woman she over by the Navy to train its supply was no longer allowed to work as a corps officers and he was ordered Navy nurse. She met a woman who there for active duty. In August, he lived on Coronado Island who dearly contracted a bloodstream infection wanted Doris as a surgical nurse for that sent him to the Navy Hospital in the Coronado Hospital. Doris agreed Chelsea, Massachusetts with a fever to take the job if the woman found of 105 degrees. The main benefit of them a place to live. She set to work this life-threatening fever was that it and George and Doris were soon liv- put him contact with a Navy nurse ing in rooms of the guest house on the named Doris Francis Fitzgerald from Spreckels Sugar estate. George took Howden, George, and Kathleen Fraser. Rhode Island. They married in Provi- the ferry to his work as a receiving dence in July 1943. officer with the supply corps. The registrar at the Harvard Law After his recovery, a supply corps At the repair base, George super- School called George into his office teacher offered George a job as an vised acquisition as well as checking and noted that George hadn’t asked assistant supply officer on theU.S.S. in and receiving all materials for the for any assistance in finding work. Boston. George agreed and by early base. He supervised 100 WAVES The registrar was willing to write law summer 1943, the Boston started (Women Accepted for Volunteer firms in any three cities that George a shakedown cruise from Maine to Emergency Service) and 30 to 40 was interested in. The Frasers wanted Trinidad, where German submarines enlisted men with a constant turnover to be west of the Mississippi. A law- had surfaced. The ship later went of personnel. He was 27 at the time yer family friend in Shelby, Montana through the Panama Canal to San and it was unlikely that he would have thought Portland would be a good Francisco and then to Pearl Harbor, had that level of responsibility in the choice. “I asked the registrar to write where they were assigned to the Fifth corporate world. He appreciated the the letters to firms in Denver, San Fleet in the central Pacific. They were odd benefits of wartime but he could Francisco, and Portland, Oregon. part of the second raid on the island see the toll it took. “I remember my I think that the first response that of Truk, a Japanese stronghold. own experience of coming home on I received did come from Portland, George received orders in early leave to visit my mother and father and it was from the Hart, Spencer, summer 1944 to report stateside and and family in Iowa….It was 3 o’clock McCulloch and Rockwood firm in the was posted to the Naval Repair Base in the morning, I was just returning form of a letter written by Tom Stoel.” in San Diego, California. There were from the Pacific, my brother was The couple traveled to Iowa to Marine and Army bases nearby and involved in the Army with the Battle help George’s brother Jack work on thousands of servicemen in the area. of the Bulge. I remember seeing my a house. “We started the framing, Doris joined him and they started an parents as I got off the train in the and later, since it was brick veneer, aggressive search for housing. Among darkness, in the distance, waiting we helped him lay brick for his new for me to arrive and watching their house.” While laying brick, a phone faces as the baggage men unloaded call came from Tom Stoel asking him eight coffins from the train of young when he might be in Portland so he men, coming back home for burial.” could be interviewed. George said George mustered out in late Octo- he probably wouldn’t be in Portland ber 1945. Classes for beginning third before the end of the year. Stoel told year students started in January 1946 him the firm would pay his train at Harvard and George and Doris fare if he would interview sooner returned to Boston where they used than that. George was in Portland by their GI Bill education benefits. Doris early November. “I remember imme- continued her nursing education and diately going to the phone book and took general classes at Boston Univer- attempting to look up some informa- sity. George graduated in September tion concerning law firms. The Hart, George and wife Doris Fitzgerald. 1946. Continue on page 8

Fall 2010 7 George Fraser continued from page 7 Spencer, McCulloch and Rockwood George served papers in the various firm I had looked at in Martindale- courts. He handled garnishments Hubbell, and I know that in my own and in those days, the papers were mind I considered the firm to be quite served by lawyers upon lawyers. He large in view of the fact that it had met other legal counsel in and out- 11 lawyers.” side the Portland area and appeared at the courthouse almost every day Working in Portland for the purpose of taking ex parte The Hart firm offered George a job orders. Once when he took an order for $225 a month. George and Doris approving attorney’s fees before Judge New Multnomah Bar Association Presi- found interesting if rather unusual liv- Ashby Dixon, on his presentation and dent George Fraser (left) accepts gavel from immediate past President Phillip ing accommodations. David Davies request for a fee of $10,000, the judge J. Roth. of the firm was handling the estate looked at this youthful lawyer and of Winifred Myrick, a grand niece of said, “Have you discussed this with arrived. Opposing counsel was a Fort Vancouver’s Dr. John McLough- your father?” George replied, “No, gentleman named John Lichty. Both lin. “Ms. Myrick had among her per- I haven’t discussed it with my father men made opening statements to the sonal effects a number of objects of but I have discussed it with Frederick jury of six. Lichty then introduced historical interest and a number of Torp of the firm.” Judge Dixon gave the insurance policy in evidence. antiques. Mr. Davies thought that it him the order. Thoroughly trained on the subject would be helpful to him as executor Hugh Biggs was one of the firm’s of objecting to any mention of insur- if Doris and I would live in the home leading trial lawyers with several ance in a case, George leaped up and and keep an eye on these objects of insurance clients. During the fall of objected to the introduction of the value during the administration of 1947, Biggs asked George to assist him insurance policy on the grounds that the estate.” It was four or five months in some of his litigation cases. George it was being offered to create preju- before the estate was settled. hadn’t considered being a trial attor- dice against the defendant and for George took the Oregon Bar Exam ney, but was happy to assist and soon an improper purpose: “...and I also with 25 others in February 1947 and set himself the goal of trying a case moved for a mistrial. I recall quite was admitted to the bar on April within a year. He asked to sit through vividly an expression of wonder upon Fool’s Day of that year. His first child some of Biggs’ cases and those of the judge’s and John Lichty’s face and Howden Fraser was born in July Manley Strayer, another leading trial finally the judge said, ‘Well, Mr. Fra- 1947. Daughter Kathleen followed attorney at the firm. George learned ser, isn’t this a contract action upon in May 1950. about the rules of evidence as well as the insurance policy and wouldn’t it As the firm’s youngest lawyer, things to do to protect the client. He be acceptable for that reason?’ The learned that under no circumstances lights flashed on in my brain at that should the plaintiff be allowed to men- time and having watched Mr. Biggs tion the presence of insurance in the handle moments of embarrassment court room because of its prejudicial with grace I immediately said, ‘Well, affect on the case’s defense. your honor, if it’s offered for that lim- Before the end of the year, George ited purpose alone, I will withdraw was assigned a case. The plaintiff was my objection.’” The case came out as suing to recover $1,000 when she lost a compromise verdict. The woman a stone from a ring. Her insurance received $300. company policy contained the fol- George was asked to become a part- lowing language “mysterious disap- ner in 1952. He did a range of work pearance of goods is presumed due to with the firm and was instrumental in theft.” George contended there was developing the insurance defense part nothing mysterious about the disap- of the firm’s practice, first through pearance; the stone had fallen out of defense of railroad liability issues George and son Howdy enjoy some the setting and was lost. There was and then with medical malpractice. snacks in the great outdoors. no indication of theft. The trial date George also was involved in civic

8 U.S. District Court of Oregon Historical Society manufacturing company in Bend. Karen Creason, a graduate of North- George was the plaintiff’s attorney western School of Law of Lewis & and future judge Owen Panner rep- Clark College, was one of the first resented the defense. They were a women lawyers employed on a part- few days into the trial when Panner nership track basis by the firm as well asked George if he would like to see as the first woman assigned to the an Oregon horse farm. George went litigation department at a time when over to Panner’s farm and while the many lawyers and clients thought two of them were mucking out stalls, this an unsuitable job for a woman. they came to an agreement for their Creason joined the firm in 1974 and clients. The numbers they agreed on recalled that George treated women Multnomah Bar President Fraser accepts were high enough so that they needed lawyers as part of the fabric of the an American Bar Association award to get further acceptance from Lloyds firm. He included them in invitations of merit from the ABA’s Glen Jack for of London, which took a few days at to his annual poker party at his Mt. programs that spanned his and Phillip J. that time. Ellis recalled that since it Hood cabin on Henry Creek. Crea- Roth’s presidencies. was hard to assemble a jury during son appreciated that “George didn’t activities. He served as chairman of chukar-hunting season in Bend, they make a big deal about my not play- the downtown YMCA in 1959 and didn’t want to stop the trial entirely, ing poker and he didn’t ask me to was president of the Multnomah but they did slow things down con- serve drinks. He invited me on equal Bar Association in 1960 when they siderably. Two days later a gentleman terms with the guys like it was the won a national award of merit from came bursting through the courtroom most ordinary thing in the world to the American Bar association for a door and handed a note to the judge. do.” George also naturally included range of bar activities that included The judge declared a recess and then women lawyers in informal lunches the MBA’s speaker’s bureau, a radio confirmed that the settlement had with clients, opportunities to get plum program entitled “You and the Law,” been approved. assignments, placement on important a continuing legal education program, Ellis also appreciated George’s man- committees, and advancement. and assumption of responsibility for agement skills. Ellis once had incon- Peter Jarvis graduated from Yale the operation and supervision of the trovertible proof that a plaintiff’s Law School and started with the firm Legal Aid Bureau for Multnomah lawyer he was working with had lied in 1976. Thinking back on his early County. He and Doris were also active to him on a particular point. He wrote years with the firm, he recalled that members in the Eastmoreland Danc- a detailed letter about his proof and he advanced good and bad ideas with ing Club. what he thought of the lawyer. George equal fervor and that George tolerated sauntered by the office and said, “I them all, picking his way through A Quiet Example hear you’re writing a letter. Can I them to keep only the best ones. Barnes Ellis joined the firm in 1964 take a look at it?” Proud of the work George, Creason, and Jarvis as well fresh out of Harvard Law School he’d put into the letter, Ellis handed as Doug Gordon all worked on Wey- when there were 25 lawyers with the over his typed original. George held erhaeuser Co. v. Combustion Equip- firm. He was interested in litigation onto the letter for three days. Ellis ment Associates in the late 1970s, and business disputes and recalled realized that he was not going to send representing Weyerhaeuser. This was that George went out of his way to be the letter. Handing the letter back to an unusual case in that, in an effort to friendly, often sharing lunch with the him, George said, “There are certain speed the trial process, Judge Solomon young lawyers at Mr. D’s or Hilaire’s. things you can’t do as well as a skunk required legal counsel on both sides Ellis found George to be a wonder- can.” Ellis appreciated the manner in to present their testimony in written fully creative lawyer, someone you which George had gently deflated a form. That covered direct testimony, could come to for a fresh perspective. hot-tempered, angry lawyer and in cross examination (primarily by depo- “He would come up with five out-of- later years saw that it was “brilliant sition), and rebuttal. When the case the-box ideas. Four of them would be management.” did come to trial, it was tried in a day- ridiculous, but one would be brilliant.” George also had a role in chang- and-a-half. Judge Solomon took two Ellis recalled a 1970 case with ing the prevailing culture at his firm. years to rule on it, but when he did, he George. There was a claim against When women were graduating from found in favor of Weyerhaeuser. Jar- an engineering firm for a deficient law school in large numbers, George vis recalled that by watching Fraser in worked to bring them into the firm. boiler installed in a forest products Continue on page 10

Fall 2010 9 two supported not only the marriage George Fraser continued from page 5 but each other over the years. George court he learned that credibility with and Alice enjoyed 26 years of mar- the court is extremely important. riage until her passing in March 2007. Through George Fraser’s example, An opportunity to merge with the Jarvis also learned that it was pos- Rives Bonyhadi firm occurred in sible to be a very good lawyer and a 1979. Letting his Iowa roots show, very good human being. George commented that the oppor- In late 1978 George and his wife tunity to buy your neighbor’s farm Doris were looking forward to a trip only comes up once a generation. The to China. A week before they were to two firms merged, and Stoel, Rives, leave, Doris was felled by pain and George and wife Alice. They were col- Boley, Fraser and Wyse was now 100 nausea which was diagnosed as liver lege sweethearts at the University of lawyers strong. Wisconsin and both lost spouses to In 1989 George “retired” from cancer. Doris died in May 1979, two cancer. days after the birth of her first grand- the firm and continued to work on child, Scott Fraser Wilson. was held in Jackson Hole, Wyoming. a variety of projects and activities. George returned to work. Dur- At a time when he was missing the He became involved in the U.S. ing the 1970s, Judge Gus Solomon help of his wife Doris, George deeply District Court of Oregon Historical invited him to be a lawyer delegate appreciated the assistance that came Society, serving as vice president in to the Ninth Circuit Annual Confer- from Judge James R. Browning (who 1993 and as president in 1994, just ence and in 1980 George served as was then chief judge) and his wife, after the publication of The First chairman of the conference when it Rose, as well as support from Judge Duty: A History of the U.S. Dis- Otto Skopil and his wife, Jan. trict Court for Oregon, for which he served as a reader. His final commit- George Fraser received the Profes- At one point his colleagues Karen tee assignment with the Ninth Cir- sionalism Award from the Mult- Creason and future judge Susan cuit was under the chairmanship of nomah Bar Association in 1998. Graber noticed that he was taking on Judge David F. Levi of Sacramento, On accepting the award, he asked a lot of appellate work that took him California. George was part of an the younger members of the bar to to San Francisco. George certainly 18-member task force formed in late consider a few things in terms of had work to attend to, but through 1993 and charged with investigating their own professionalism careful perusal of the University of Wisconsin alumni magazine, in 1981 the effects of race, religion, and eth- 1. Hesitate to speak ill of your he became reacquainted with his col- nicity on the business of the federal opponent—if you have nothing lege sweetheart, Alice Van Wagenen courts in the nine western states. good to say, it probably is because Haslacher. She lived in San Fran- Their report was published in 1997. you are not well acquainted. cisco and had also lost her husband George also began working on the 2. Do not lose self control to to cancer. They married in October firm’s history along with the late personal anger. Very few humans 1981 to the delight of both families. Tom Stoel in 1993. Stoel Rives LLP: have enough blood to become red Alice’s three children and George’s A History was published in 2005. in the face and still operate their The U.S. District Court of Ore- brain at the same time. gon Historical Society is honored 3. If you must write a scath- to have George Fraser as a mem- ing letter to a lawyer—prepare a ber and we thank him for his many rough draft and put it in a drawer contributions. for two days. 4. In the courtroom, remember that a lawyer that lacks respect for the judge will obtain no respect George and the late Tom Stoel (right) at from the jurors. a book-signing for Stoel Rives LLP: A History. When asked about the research 5. Treat the law seriously and process for the book, George joked that yourselves more lightly. Read a he and Tom sat in an office together little poetry. reminiscing and telling stories until their laughter drew a crowd. George at this year’s annual dinner

10 U.S. District Court of Oregon Historical Society n October 22, an array of the United States and fed his inter- Orespected lawyers, judges, and Famous Cases ested in how the cases related to the students from the Lincoln High larger currents in U.S. Society. He School Constitution made time to gave a series of public lectures in listen to Oregon Supreme Court Jus- Boston later published in the book tice Tom Balmer give a presentation The Common Law. Although rather on the life, opinions, and continuing a slog for the modern reader—it relevance of Supreme Court Justice is one of those books lawyers talk Oliver Wendell Holmes. about, but few have read past the first Library of Congress of Library Justice Balmer gave an engaging, page—the book was very popular in illustrated presentation that covered its day and widely read on both sides Holmes’ long life. A descendant of the of the Atlantic. He began lecturing American aristocracy of the Cabots in law at Harvard College and later and the Bradstreets, and with many and Harvard law school. generations of prominent ministers, Holmes believed that “Law is inex- lawyers and judges behind him, Oli- Oliver Wendell tricably tied to the society that cre- ver Wendell Holmes’ life (1841-1935) Holmes ates it” and to the necessities of the ranged from childhood memories of By Adair Law times. He believed that there were Fourth of July Parades on Boston and John Stephens no eternal truths, that law was ulti- Common with Revolutionary War mately a question of force, and that veterans to the age of radio and trans- the 20th Massachussets Volunteers. greater force would prevail. Hol- Atlantic flight. His father, Oliver Sr., During the Civil War he saw suffer- mes didn’t judge right or wrong, but was an established man of letters, and ing and death on a vast scale and whether a law corresponded with the a founder, in 1857, of The Atlantic was himself wounded three different demands of the community. Holmes magazine, the most widely read maga- times. This war experience changed said, “If my fellow citizens want to zine by the upper classes of the time. his former idealism and as author go to hell, I’ll help them, that’s my Holmes went to Harvard in 1857 Louis Menand noted in The Meta- job,” a phrase, Justice Balmer noted, and graduated in 1861. Justice Balmer physical Club, he “lost his belief in that he thinks noted that Darwin and Marx were belief.” He told a friend “the world of when inter- in the air and during Holmes time never seemed quite right again.” preting ballot at Harvard, Dred Scott was decided After the war, Holmes studied initiatives. and John Brown conducted the raid law at Harvard Law School. He was Holmes was on Harper’s Ferry. American politi- friends with members of the Adams appointed to cal tensions were coming to a head family (Henry Adams) and with the Supreme when Holmes was a senior. After William and Henry James. Through Judicial Court graduation, he enthusiastically joined Henry Adams father, Charles Fran- of Massachu- ces Adams, American ambassador to setts in 1881 Great Britain, in his travels to Eng- and became Holmes in 1902, the chief justice in year he was appointed land he met John Stuart Mill, Prime to the Supreme Court. 1889 and was Minister William Gladstone, James The World’s Work, vol.4 Fitzjames Stephen, as well as young good at it. He academics and lawyers who would was appointed to the U.S. Supreme be influential in England for a long Court in 1902 by Theodore Roos- time. Throughout his life, Holmes evelt. Holmes developed a group enjoyed travel to Europe. of younger friends and colleagues In 1867 he joined the Massachu- in Washington, D.C. He became setts bar and was a practicing lawyer friends with Louis Brandeis, Felix as well as an author of legal articles. Frankfurter and other writers who He edited the 12th edition of Kent’s discussed his decisions in the New Commentaries on the Laws of the Republic and The Nation. Vigorous and fully engaged, he was a member Holmes in uniform, 1861. Harvard United States which allowed him to University Library read hundreds of cases from around Continued on page 16

Fall 2010 11 On Our Members’ Bookshelves Exhibit Looks at FBI and DOJ Prior to The Politics of Public Ventures: Pearl Harbor An Oregon Memoir by John Cabeen Beatty TAKEN: FBI opens December 8, 2010 and runs through May 30, 2011 Review by Hon. Anna J. Brown at the Oregon Nikkei Legacy Center. In January 1978, I walked into Circuit Courtroom 512 of the Mult- This exhibit brings to light the experi- nomah County Courthouse to interview for a law clerk position ences of the families of 118 individu- with the Hon. John C. Beatty, Jr. Having never been in a court- als in the Portland area and 17,477 in room nor met a judge before, it was a big day for this second-year the western United States taken into night law student! Although I don’t remember any details about custody by the local authorities, then the jury trial under way, the rest of the courtroom scene is seared in my imprisoned by the FBI and Depart- memory as one of those unforgettable crossroads in life: There were sev- ment of Justice directly following the eral impressive portraits of legal luminaries, including the scarlet-robed bombing of the U.S. naval base at Sir Edward Coke; Anna Moran, the law clerk whose term was ending, Pearl Harbor on December 7, 1941. was busily working at a desk below the bench; Audrey Cooper, Judge A little known prelude to the Beatty’s extraordinary court reporter, was quickly reminding counsel of internment, prominent members of the importance of the record in her charming English accent (“One at a the Japanese American community-- time, Counsel!”); Sue Rommel, the good judge’s quick-witted and highly mostly men--were rounded up by FBI organized judicial assistant, was sitting to Judge Beatty’s left in the bai- agents just hours after the bombing. liff’s box; and then there was The Judge. As my thoughts wandered to Shackled and whisked away, often what his job might be like, the morning recess was called and I was invited after dark with no explanations given into chambers for the interview. I can still see his large desk covered with to them or to their bewildered and papers, the black and white wedding photo in which the judge wore the stunned families, they were then sent uniform of a young army officer, and the grandfather’s clock that chimed to “special” camps in remote, secret the quarter-hour and prompted Judge Beatty to wrap up the interview by sites across the United States, differ- hiring me to be his law clerk. ent from the ones their families would I was lucky enough to work for begin to occupy from the summer of Judge Beatty for nearly three years 1942. Who were these individuals? and have remained close to him for How was the FBI able to target them more than three decades. So it was a so soon after the surprise attack? dear surprise to learn so much more How was this possible in a nation about this exceptional man, dedicated founded by and built on the toil and jurist, and selfless citizen in his new personal sacrifices of immigrants? autobiography, The Politics of Pub- What did it mean for a country that lic Ventures. This is a great read for claimed, and was internationally rec- anyone interested in Portland history Hon. John Beatty with his daughter, Jeanne ognized for, its democratic principles (including the charm of the Sellwood of “liberty and justice for all?” Ferry and how Tryon Creek Park came to exist); in the perspectives of Oregon Nikkei Legacy Center a decorated World War II artillery commander in the European theater 121 NW 2nd Avenue (from his introduction to blatant segregation during his military training in Portland, Oregon Georgia to truly frightful experiences in combat); and in regional politics www.oregonnikkei.org (from busing issues in Portland School District No. 1 to co-chairing with Edith Green Robert Kennedy’s Oregon presidential campaign). And every lawyer and judge who worked in the Multnomah County Courthouse in the 1970s and 1980s will recognize the characters and professional chal- lenges of the day that produced, under Judge Beatty’s effective leadership, the restructuring of Oregon’s state courts in 1981. The Politics of Public Ventures is available through its publisher (www. Xlibris.com) and through Amazon.com.

12 U.S. District Court of Oregon Historical Society Oral History Collection Gives Unique Insights into Oregon History By Felicia Williams

ral history interviews provide interviews of Judge Ancer Haggerty Ounique insights into specific and Judge Roosevelt Robinson are times and places that often don’t great examples of how to conduct come through in newspaper articles oral history interviews and are also or other primary sources. I am a significant for their historic value. local historian and several years ago I Oral historian Clark Hansen did worked on the U.S. District Court of both interviews and he used similar Oregon’s Oral History Project read- questions, but the responses from the ing interviews and creating finding two judges varied greatly, which is aids. There were several oral histo- very useful for students to see. Addi- ries that really stood out, both for tionally, Judge Robinson’s interview their historical value and because of is one of the most frank and fasci- their authors’ candid answers. I have nating interviews I have read as he always been interested in civil rights goes into quite a bit of detail about issues, but reading about them from his experiences with race in Portland. the perspective of the lawyers and Judge Haggerty is life-long Portlander judges involved in many of the cases who presided over the Mulugeta was a real eye-opener, especially the Seraw civil trial, which was a turn- interviews of Judges Robert E. Jones, Judge Mercedes Deiz. An article based ing point in Oregon’s race relations. on her oral history can be found at Betty Roberts, Roosevelt Robinson, www.usdchs.org in the Winter/Spring Combining the three interviews pro- and Jacob Tanzer. 2006 newsletter. vides a nuanced perspective on race Not long after finishing my work in Portland and a rare insight into with USDCHS, I proposed an oral African-American experience. Oregon’s African-American history. history course at Portland State Uni- The interview with Judge Mercedes Recording oral histories creates a versity, the PDX Civil Rights Project. Deiz, who was the first African- usable primary source archive and When I was creating the course syl- American woman to be appointed spurs research into history; after all, labus, I selected interviews from the and later elected judge in Oregon, a first-person perspective is always USDCHS collection housed at the was especially interesting. She came more fun to read than a historian’s Oregon Historical Society for my to Oregon right after World War perspective. I think I learned more students to read. Portland’s African- II ended. She described the Albina about Oregon history and the key American history is not well studied, neighborhood in her interview and players/politics by reading through especially with regard to the second those descriptions directly contra- the interviews than I did from other half of the twentieth century, and the dict the limited scholarship about coursework or articles and books I’ve USDCHS collection has three incred- Albina’s condition and provide a read before or since. ibly important interviews that are counter-narrative to the commonly especially relevant to Oregon’s unique accepted City Club Reports. The

From left: Judges Roosevelt Robinson (Winter/Spring 2009); Robert E. Jones (Winter/Spring 2007); Ancer Haggerty (Fall 2008); Owen Panner (Winter/Spring 2006, Fall 2008), James Redden (Summer 2008), and Helen Frye (Summer and Fall 1996); and University of Oregon Law School Dean Orlando Hollis (Winter/Spring 2008).

Fall 2010 13 On Our Members’ Bookshelves

Murder, Morality and Madness: Women Criminals in Early Oregon by Diane L. Goeres-Gardner Review by Mary Ellen Page Farr Murder, Morality and of murdering a man who had been tively well off lived hard lives, often Madness is Diane Goeres- stalking her out of a romantic obses- isolated for miles from their nearest Gardner’s second book sion for her. After the grand jury neighbors. Jennie Aunspaugh killed on the history of crime declined to indict her for murdering her husband after her younger sister in early Oregon. Her first this man, the local newspaper pressed came to live with her and became book, Necktie Parties: authorities to arrest and try her for romantically involved with Jennie’s a History of Legal Executions in the murder, stirring up public opin- husband. The family lived four miles Oregon, 1851 to 1905, documented ion in favor of the man to the point from the closest small town, throwing early executions in Oregon. Her sec- where she had to flee a lynch mob. the husband, the sister, and the wife ond book details the cases of women When Allison was in fact tried, the into enforced closeness, creating the convicted of serious crimes, mostly jury found her not guilty. pressure which ultimately led to the murder or attempted murder, from Goeres-Gardner includes a num- murder. Charity Lamb and her chil- the mid 1850s through the early ber of details about the period. She dren lived with her abusive husband 1900s. Goeres-Gardner has done a discusses how many of the women in a hut with a dirt floor. When she great service to the study of women appeared at their trials, sometimes in fled her husband’s abuses, there was and crime in pioneer Oregon, par- fashionable dresses, hats, and veils; nowhere for her to go but to hide in ticularly in the accumulation and at other times their poverty came the nearby woods. publication of details of these crimes through. Charity Lamb was the first No matter how hard ordinary life compiled from contemporary court, woman in Oregon jailed for murder. was in early Oregon, life for a woman law enforcement, and real property She murdered her husband after in jail was much harder. Goeres- records, as well as newspapers from years of physical abuse and appeared Gardner notes that no woman has the time. in court “carrying an infant in her been executed in Oregon–something The book focuses on the legal sys- arms...pale and sallow, and emaci- that sets Oregon apart even from tem and how women were treated in ated as a skeleton....Her clothing was Washington and California–but the that system. Goeres-Gardner groups thin and scanty, and much worn and necessary result of exempting women the crimes by type, including self torn, and far from clean....” Emma from execution meant that they were defense, crimes in defense of honor, Hannah, who was ultimately judged often incarcerated for long periods. prostitution, and violence associated insane, made her first appearance in For many years, one room on the first with prostitution. Her description court dressed in black and carrying floor of the Oregon State Peniten- of the way justice was carried out a bouquet of flowers. Mary Prout, tiary administrative building was set is fascinating. For example, Emma who was charged with trying to mur- aside for women convicted of serious Hannah was convicted of murder- der her husband, attempted suicide crimes. Here they often spent years ing a local divorcee who had shown in her cell with morphine which she in isolation, with no fellow inmates interest in Hannah’s husband. Her had hidden in her hair. More than and unable to mingle with the gen- murder trial took place only sixty one woman got access to her victim eral population. The local facilities days after she was arrested. Her by hiding her shotgun in her skirts. were also very rough. Caroline Briggs victim was carried to her brother- The presentation of the facts behind spent one entire hot summer in the in-law’s house where two local the crimes also gives the reader a Kirbyville jailhouse, a facility with doctors performed the autopsy and view into the lives of ordinary Ore- two windows and almost no air. The determined the cause of death. Local gonians, particularly rural Orego- Multnomah County jail contained newspapers often took vocal posi- nians, during the early days of the a women’s apartment where Mary tions as to the guilt or innocence of state. For example, Emma Hannah Prout was housed and which Goeres- accused criminals, in attempts to was arrested wearing two left shoes, Gardner describes: “a single cell off influence the outcome of the pros- apparently all she had for footwear. the common hallway. [Mary] used ecution. Mattie Allison was accused Even those people who were rela- the same rusted and decrepit ‘water

14 U.S. District Court of Oregon Historical Society closet’ as the basest of males. Fresh a dominating force in early Oregon, makes it clear from the beginning air was almost nonexistent and the she never makes it clear what she that part of her interest in women miasma of smells rising from the means by Victorian morality in the and crime comes from her interest in walls was overpowering. There was context of pioneer Oregon. If any- the history of women’s rights, and she no female matron to supervise the thing, Goeres-Gardner’s narrative is makes that point too strongly from women prisoners, only a male jailor often surprising for the description of time to time. It is certainly true that who attended to everyone’s needs.” extramarital affairs, drinking, gam- women were second class citizens, Ironically, it was a blessing for bling, and prostitution which seemed but they lived in a society where women convicts to be judged insane to abound in early Oregon. Goeres- even first class citizens lived a tough because they could then be trans- Gardner has a dramatic flair for pre- existence. This tone is unfortunate ferred to the insane asylum, where senting the women and their crimes, because the stories Goeres-Gardner they had other women as company a flair which contributes to reading tells, with the detail and vividness and where they were provided with the book. However, sometimes it is she has given them, make her case training and rehabilitation. hard to separate the creative narra- about the position of women in early Goeres-Gardner’s writing goes tive from the known facts of the case. Oregonian society. Those stories also astray in a few respects. While she Finally, the book occasionally strays make the book compelling reading. often refers to Victorian morality as into preaching. Goeres-Gardner

Attention Readers: Newsletter Mailing Changes by Cody Weston

ver the years, the Society has been mailing hard copies of its newsletter not only to current Society members, Obut to non-members who have been past members or otherwise expressed support for the Society. As the Society joins the digital age, we have decided to trim costs by mailing hard copies of the newsletter only to current and lifetime members. We will, however, send emails with links to electronic copies of the newsletter on our website to our list of supporting non-members. This new digital plan will take effect with the Winter/Spring 2011 edition of the newsletter. In the meantime, if you are interested in becoming a new member of the Society or in renewing your annual mem- bership fill out the form below or, even easier, visit the Society’s website at www.usdchs.org.

Enclosed is my application and/or annual membership dues to join the United States District Court Historical Society (please check level of membership desired):

q General ($50) q Sustaining ($75) q Sponsor ($150) q Lifetime ($1000) q Student ($15) q Judicial Law Clerk ($15) q Newly admittted to U.S. District Court ($15) The U.S. District Court of Oregon Please mail your check and this membership form to: Historical Society The U. S. District Court of Oregon Historical Society Kathryn Roberts, 1127 US Courthouse, 1000 SW Third Ave., Portland, OR 97204 Membership

Application Name and Dues Renewal Firm Address City/State/Zip

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Yes, I would like to help with Historical Society Projects: q Oral History Project q Update Court History q Events Committee q Grant Committee q Newsletter Committee q Membership Committee q Development Committee For more information, visit www.usdchs.org

Fall 2010 15 OFFICERS: Hon. Ann Aiken, Board, Chairman, Ex- Oliver Wendell Holmes continued from page 11 Officio; President, * David A. Landrum; Vice President, *Kari Furnanz; Treasurer, *Michelle E. Barton; Corporate/ of the court through his eighties. Executive Secretary, *Kathryn P. Roberts; *Kerry Shepherd, Immediate Past President Balmer discussed Holmes dissent in Lochner v. New York, and 2010 BOARD MEMBERS: Courtney Angeli, Ex-Officio; Abrams v. United States. Holmes believed in the power of the “free Sean Bannon; Michelle Barton; Hon. Trish M. Brown; trade in ideas” and that the best way to test ideas was in the market- *Marc M. Carlton; Hon. Paul De Muniz, Ex-Officio; *Thomas H. Edmonds; *Julie Engbloom; *Jennifer Esmay; place of ideas. “The best test of the truth is the power of the thought *Mary Ellen Page Farr; Gary Gaydos, Ex-Officio; Colin Love-Geiger, *Hon. Dennis J. Hubel, *Jenifer Johnston, Ste- to get itself accepted in the market and that truth is the only ground phen J. Joncus; *Hon. Edward Leavy; Josh Lute, *Gregory in which their wishes can safely be carried out.” Again from Menand, J. Miner; *Hon. David Rees, *Bruce A. Rubin; *Carra L. Sahler; *Linda Sherry, Joshua P. Smith; *Vicki L. Smith; for Holmes, “[w]hat prevents the friction between competing con- *John W. Stephens; *Justin M. Thorp; *Shannon Marie Vincent; Dr. George L. Vogt, Ex-Officio; *Cody M. Weston. ceptions of the way life should be from overheating and leading to 2010 HONORARY MEMBERS: The Belloni Family, Ernest violence is democracy,” and “his fundamental concern was almost Bonyhadi, Helen Burns; George Fraser; Randall Kester, always to permit all parties the democratic means to attempt to make Katherine O’Neil, Hon. Owen Panner, Hon. James Redden, Richard B. Solomon, Norm Wiener. their interests prevail.” Balmer also mentioned Holmes forceful and 2010 LIFETIME MEMBERS: Jeffery Batchelor, Frank elegant writing style with its use of combat metaphors, alliteration, Bauman, Owen Blank, *Hon. Anna J. Brown; Helen Burns, Donald Cinnamond, Sarah Crooks, Jan Dysart, Paul For- and sharp, pithy phrases which worked to his advantage but occa- tino, George Fraser, Edwin Harnden, Cynthia Harrison, sionally to his detriment as in the Buck v. Bell case when Holmes Douglas Houser, Hon. Robert Jones, Randall Kester, James Knoll, Hon. Edward Leavey, James S. Leigh, Nancy wrote “Three generations of imbeciles are enough.” Moriarty, Jeffrey Mutnick, Elizabeth Newcomb, Verne Holmes’ thinking helped provide the intellectual underpinning Newcomb, Daniel O’Leary, Hon. Owen M. Panner, Hon. Edwin Peterson, Dian Rubanoff, Sarah Ryan, Thomas Sand, for modern liberal pluralism, libertarianism, and legal realism. He Arlene Schnitzer, John Schwabe, Norman Sepenuk, Arden Shenker, Richard Solomon, Gayle Troutwine, Heather Van believed in multiple points of view rather than in everyone agreeing Meter, Timothy Williams, Kelly Zusman. on everything. “We can’t agree on the truth but maybe we can agree 2010 IN MEMORIAM: John Jaqua, Hon. Donal Sullivan, on a process.” Donald Wilson LIAISON: newsletter, *Adair Law ([email protected]); Justice Balmer ended his presentation with Justice Holmes’ end- Newsletter designer, Jeanne E. Galick; Oral History,*Jan ing of his radio address on the occasion of his 90th birthday “Death Dilg ([email protected]); USDC: *Linda Sherry plucks my ear and says, ‘Live—I am coming.’” *Executive committee member

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of Oregon Historical Society Historical Oregon of The U. S. District Court Court District S. U. The

16 U.S. District Court of Oregon Historical Society