they be entered on the journals of continue to make The Journal worthy the said Circuit Court. of the support of all classes of our people. "Third: Resolved, that an en grossed copy hereof be forwarded to his bereaved widow. "W. H. Holmes, R. P. Boise, L. K. Adams and S. T. Richardson, Committee." The Editor of The Journal knew Mr. Kellogg quite intimately for a great number of years and read law and was admitted to the bar of Oregon along with him. He was a true and loyal friend and a true Christian gen. tleman. We cherish pleasant mem ories of our deceased friend and sore. ly lament his untimely death. OREGON LAW SCHOOL JOURNAL. The Oregon Law School Journal is meeting with a success that was not anticipated by its founders. The press of the State has encouraged its ed itors and publishers to continue in the work in which the Journal is engaged. The complimentary notices which have been published in the different papers of Oregon are appreciated by us We have also received a num ber of personal letters commending our course. The leading law publition of the United States the American Law Review, devotes considerable space in the May-June number in pay ing us a compliment on the appear ance of The Journal and the matter contained therein. The article in question is published in full in another part of The Journal. We know that among manly men that the effort of The Journal to bring about a reform in court abuses will be commended. Those who wish to "bend the pregnant hinges of the knee, that thrift may follow fawning" we have no use nor do we care for their good or ill opinion of our work. THE OREGON LAW SCHOOL. The past year's work of the Oregon Law School has been a successful one. The coming year promises to be much better. A larger number of students than heretofore have signified their intention of attending our school. We shall be well prepared to devote more time and attention to the wants of the school and feel much encouraged at the bright prospects for the coming year. Students who have been under our instructions in the past have been very successful in their practice and each one of them is a proof of the thoroughness of our work. The advantages in our school for thorough and efficient instructions are as good as can be found. Salem the Capital of Oregon, is the center of ed ucation and refinement in the State and there is an air of culture in our midst that is an encouragement to the ambitious student. GRADUATING EXERCISES OF THE CLASS OF 1903. In a recent number of the Central Law Journal, our editorial on the At the First Presbyterian Church, question: "Is the Iniative and Ref- Salem, Oregon, Friday evening May erendum Amendment in Conflict With 29, 1903, The Oregon Law School the Constitution of the United completed its first year's work, and States?", was published in full, giving conferred upon John R. Dimick, a larger scope to our views upon the George W. Parman, David R. Parker subject than could be given in the and James E. Godfrey the degree of Oregon Law School Journal. bachellor of laws. We have much reason to feel proud of the standing The Journal has at tained in the short time it has been in existence. The program was as follows: Piano Solo-"Titania" We shall endeavor to Invocation . Miss Isabelle Ackerman .Rev. H. A. Ketchum Piano Duet-"Snowballs," Address Mrs. Brown is a fine musician, be .. Maudie Moon and Bernice Sauter ing a graduate under her father, Dr. Parvin, from the Conservatory of Music, Willamette University. Is Vocal Solo-Selected Hon. E. Hofer . Miss Nina Johnson wonderfully successful with beginners on Piano or Organ. Charge to the Class ..... J. R. Parvin is a skilled Cornetist, a natural band leader and a compeNorton tent teacher and author. He gives his attention to band and orchestral in . President P. H. Vocal Solo-"The Holy City" .Mr. Oscar Presentation of Diplomas D'Arcy Piano Duet .President P. H. D'Arcy struments, and teaching bands. Miss Laura Sharp is a graduate of . Bernice Sauter and Teacher the College of Music, Albany College, Benediction. under Dr. Parvin. Her work in Piano teaching creates unusual enthusiasm among her pupils. The addresses of Hon. E. Hofer and the Charge to the Class by President P. H. D'Arcy were of exceptional merit and are printed in full in anoth er part of this paper. The Oregon Law School was most fortunate in procuring the services of Dr. Parvin and his corps of musical instructors to arrange and furnish the music for the evening, as this part of the program has never been excelled during the year. The solos of Miss Ackerman, Miss Johnson and Mr. Norton were each re ceived with marked favor and ap plause. The piano duet of Maudie Moon and Bernice Sauter, two little girls of sev. en years old, executed their parts well and were greatly appreciated by the audience. The Northwest Normal College of Music and Art, Salem, Oregon, is most fortunate to have Dr. Parvin and his able corps of teachers to take charge of its musical department. Miss Grace Draper-Parvin has be come an earnest and successful Piano teacher. Is beloved by her pupils. Upon the merit of her work has a Se is a graduate of the large class. N. W. N. College of Music. Those MISCELLANY. THE EVENING BELLS. How many a tale their music tells. Those pleasant hours nave passed away And many a heart that then was gay, Within the tomb now darkly dwells, Dr. Parvin has had more than thirty years' experience as a teacher of music. He is a graduate under such And sing your praise, sweet evening eminent teachers as Dr. Wm. Mason and Geo J. Webb, of New York, and Dr. W. S. B. Matthews. of Chicago. bells. -MOORE. His work in Piano, Voice, Harmony "Truth crushed to earth shall rise and Musical Composition has stood again; among the best in this city for the The Eternal years of God are hers; last twenty years. As an author he But error, wounded, writhes with has written more than five hundred musical compositions. pain, And dies among her worshippers." LAWS AND DECISIONS. dered for the assignee in resisting an adjudication, is not a provable debt. and (4) that a charge for the prepara tion of the general assignment may be proved as an unsecured claim. An important decision by the SuIn re Kellogg, 10 Am. B R. 7, it preme Court is that of Randolph v. was held that where a mortgagor Scruggs, 10 Am. B. R. 1, where the within the four months period, with intent to delay and hinder her creditcourt holds: (1) That a claim for ors, conveys the mortgaged property professional service rendered to the to a corporation participating in such bankrupt in the preparation of the as intent, and her trustee in bankruptcy signment and provided for therein is repudiates the transaction on account not entitled to be paid as a preferen- of such fraud, takes possession of the tial claim in the bankruptsy proceed property, and by mutual consent the fraudulent grantee and the trustee reings; (2) that a claim for like services scind such conveyance, the fact that rendered to th; assignee prior to the before the beginning of the bankrupt adjudication, and which were benecy proceedings the property was transficial to the estate, may be preferred, ferred to said corporation after its not under the assignment but in the mortgage was recorded and subject right of the assignee, so far as he thereto, does not preclude the trustee would be allowed for its payment; (3) from pleading usury as a defense tc that a claim for legal services ren- the mortgage. COURSE OF STUDY OF THE OREGON LAW SCHOOL SALEM, OREGON. JUNIOR YEAR. Blackstone, Contracts, Constitution, and Negotiable Instruments— Monday, Wednesday and Friday. Kent, Torts, Non-Contra. L and Common Law Pleadings-Tuesday, Thursday and Saturday. SE Real Property, Eviden and Criminal L. -Monday, Wednesday and Friday. Equity, Code Pleading, Practice and Code-Tuesday, Thursday and Sat urday. New Catalogue will be issued in September. Many new features. A live, progressive School. The Oregon Law School closes its First Year with the largest attendance in this state. Large attendance assured this Fall. Address W. E. Richardson, Secretary, Salem, Oregon, for catalogues and other information. Ex. H. M. C. Standard Unexcelled by Eastern Law Schools. Class, Lecture and Case Systems Combined. Largest Attendance in the State. SALEM SCHOOL Opens September 30, 1903, Murphy Block, corner of State and Commercial Streets. TUITION per term, second year. is $12.50 per term, first year, and $15.00 COURSE OF STUDY. FIRST YEAR.--Blackstone, American Law, Juridical Law, Domestic Relations, Contracts, Torts, Agency, Partnership, and Negotiable Instruments. SECOND YEAR.-Equity, Real Property, Criminal Law, Corporations, Code Pleading, Evidence, Constitutional Law, International Law, and Code of Oregon. For further information write W. E. RICHARDSON, Secretary, THE JUDGE MAY CONSTRUE BUT And mighty errors, by the same exHE CANNOT MAKE OR CHANGE LAWS. ample, Will rush into the state; it cannot be." omissions." The Laws of our State declare the same rule Section 706 of our Code reads as follows: "In the construction of a statute or instrument, the office of the judge is simply to ascertain and declare what is, in terms or in substance, contained therein, not to insert what has been omitted, or to omit what has been insetred;" etc. The leading newspapers of this The Supreme Court has on many ocState have been recently interviewing casions held that it could not supply many prominent attorneys and mak- defects in legislation. Justice Bean. ing extended comments upon alleged speaking of the power of the court in defects in the taxation laws enacted this regard, in the case of State ex rel. at the last session of our legislature. vs. Simon, 20 Or 365, gist 371 said: It appears from such attorneys inter- "It is our legitimate province to inviews that they are nearly unanimous terpret legislation, but not to supply in their opinions that this law from a legal standpoint is susceptible of but one construction. And notwithstand ing this fact, as we understand some of these interviews, it is suggested that a suit should be brought in order to obtain a decision of our courts for the reason that they were exceed ingly liberal in order to make laws effective when public interests were involved. It may be that such attor- We do not wish to venture any opinneys have been misquoted or in their ion whether or not such taxation laws haste have not given clear expression are defective, but we do insist that to thoughts intended to be conveyed if there is a material defect in such for every well-informed lawyer knows law that our courts will not and should that it is beyond the province and not consider it to be within their provpower of a judge to enact or change ince to supply such defect, but will laws. Our government was framed leave such duty to be performed by so that one department should enact the legislature where it properly be laws, another should construe, and longs. still another should enforce them. The history of the past taught the WHAT IS JUDICIAL DISCRETION? framers of our government that the liberties of the people would be trampled down if the power to enact or change laws and the power to construe laws were both vested in the same department. If the legislature has failed to do its duty it is solely responsible to the people, but judicial legislation is never warranted. "Bassonio.-Wrest once the your authority: The decisions of our courts contain many allusions to the judicial discretion of our trial courts, and appellate tribunals indulge in many beautiful theories as to the efficacy of putting in the hands of trial courts matters which are left solely to their judicial discretion, which it is the general experience of lawyers does not work law to properly in actual practice. Many a liti gant is wronged and left without a remedy because a particular part of the law of procedure of his case was left to the arbitrary discretion of the trial court without right of appeal. To do a great right do a little wrong; Can alter a decree established; Judicial descretion has been variously defined. Lord Mansfield says: |