Page:Oregon Historical Quarterly vol. 4.djvu/199

Rh territory, but the uncertainty and doubt as to their validity made them of little value.

As I said before, Judge Pratt's views of this legal controversy coincided with those of the legislative assembly, then in session at Salem, and that body passed an act detaching the counties of Marion and Linn from the judicial district of Judge Nelson, leaving him only Clackamas County, in which he resided. In this act it was provided that the terms of court in Marion and Linn counties should commence one week earlier than they did under the old law. So Judge Pratt held court at Salem and Albany under the new law, and a week later in each county Judge Nelson went to Salem and Albany to hold the district court under the old law. He found, however, that Judge Pratt had preceded him, held the courts, and adjourned for the term. Judge Nelson finding that no business was prepared for hearing before him by the lawyers, and no jury summoned to try cases, returned somewhat disgusted to Oregon City, and was soon after relieved by the appointment of Hon. George H. Williams, as chief justice of the territory. He went back to his home in New York, where I believe he still lives [1894.]

I have referred to this almost forgotten history of the early days of the territorial government of Oregon to show the necessity that existed for a revision of the statutory laws of the territory. The uncertainty as to what laws were then in force, and the desire to be relieved from this condition of affairs was the principal reason which induced the legislative assembly to pass the act of January, 1853, providing for the election by that body of three commissioners to prepare a draft for a code of laws, to be submitted to the next legislature. In pursuance of this act, the legislative assembly elected the following commissioners in the order named: James K.