Page:History of Oregon volume 1.djvu/359

308 C. McRoy, of Article III., and Joseph Holman, of Article IV., showing that the adoption of a government did not depend entirely on the Americans.

The subject of an executive had troubled the legislative committee not a little. It was necessary to power to grant pardons and reprieves for offences against the laws of the territory, to call out the military force of the territory to repel invasion, or suppress insurrection, to take care that the laws are faithfully executed, and to recommend such laws as they may consider necessary to the representatives of the people, for their action. Two members of the committee shall constitueconstitute [sic] a quorum to transact business.

'Art. 6. The legislative power shall be vested in a committee of 9 persons, who shall be elected by the qualified electors at the annual election, giving to each district a representation in ratio of its population, excluding Indians; and the said members of the committee shall reside in the district for which they shall be chosen.

'Art. 7. The judicial power shall be vested in a supreme court, consisting of a supreme judge and 2 justices of the peace. The jurisdiction of the supreme court shall be both appellate and original. That of the probate court and justices of the peace as limited by law—provided that individual justices of the peace shall not have jurisdiction of any matter of controversy when the title or boundary of land may be in dispute, or where the sum claimed exceeds $50.

'Art. 8. There shall be a recorder elected by the qualified electors, at the annual election, who shall keep a faithful record of the proceedings in the legislative committee, supreme and probate courts; also, record all boundaries of lands presented for that purpose; and all marks and brands used for marking live-stock; procure and keep the standard weights and measures required by law; seal weights and measures, and keep a record of the same; and also record wills and deeds, and other instruments of writing required by law to be recorded. The recorder shall receive the following fees, viz.: for recording wills, deeds, and other instruments of writing, 12 cents for every 100 words, and the same price for copies of the same; for every weight or measure sealed, 25 cents; for granting other official papers and the seal, 25 cents; for serving as clerk of the legislative committee, the same daily pay as the members of the legislature; and for all other services required of him by this act, the same fees as allowed for similar services by the laws of Iowa.

'Art. 9. There shall be a treasurer elected by the qualified electors of the territory, who shall, before entering upon the duties of his office, give bond to the executive committee, in the sum of $1,500 with 2 or more sufficient securities, to be approved by the executive committee, conditioned for the faithful discharge of the duties of his office. The treasurer shall receive all moneys belonging to the territory, that may be raised by contribution or otherwise, and shall procure suitable books in which he shall enter an account of his receipts and disbursements.

'Art. 10. The treasurer shall in no case pay money out of the treasury but according to law, and shall annually report to the legislative committee a true account of his receipts and disbursements, with necessary vouchers for the same, and shall deliver to his successor in office all books, money, accounts, or other property belonging to the territory, so soon as his successor shall become qualified.

'Art. 11. The treasurer shall receive for his services the sum of 5 per cent of all moneys received and paid out, according to law, and 3 per cent of all moneys in the treasury when he goes out of office, and 2 per cent upon the disbursement of money in the treasury when he comes into office.

'Art. 12. The laws of Iowa shall be the laws of this territory, in civil, military, and criminal cases, where not otherwise provided for, and where no