Howell v. Bain

This is a suit brought under the declaratory judgment act to determine the validity of an election to fill the vacancy in Department No. 3 of the Circuit Court for Multnomah county caused by the death of Judge Robert Tucker who died on May 2d, 1944. There is no dispute as to the facts. The controversy concerns the law applicable to the facts and the construction of the nonpartisan judiciary act (§§ 81-1201 to 81-1207, inclusive, O. C. L. A.).

On May 6, 1944, Governor Snell, by virtue of Art. V, § 16, of the Constitution of Oregon, appointed Franklin C. Howell to fill such vacancy until his…