Page:Oregon Historical Quarterly vol. 5.djvu/197

 RlCOLLBOnONB OF AN OLD PlONKKR. 1 s , Considering tin- "organic laws," (so named by the com- mittee) as composing -, constitution, not amendable except by revolution, tin- legislative committee of 1844 had nothing to do worth mentioning. In this view it was a useless body, constituted for an idle and vain purpose. We came to the conclusion that our legislative committee had practical legis- lative power, and that it was our duty to exercise it. While we were not disposed to make useless changes, we were obliged to amend the code in many respects, as will be seen from what follows. Article VI. section 2, vests "the judicial power in a su- preme court, consisting of the supreme judge, and two justices of the peace, a probate court, and justice court." If a ma- jority of the persons composing the supreme court, under this quaint and original theory, could make the decision, then the two justices of the peace could overrule the supreme judge. If, on the contrary, it required the unanimous con- sent of all three, then there would often be no decision at all. Our committee amended this by the act of June 27, 1844. The first, section of the second article of that act is as follows: "Section 1. The judicial power shall be vested in the circuit courts and as many justices of the peace as shall from time to time be appointed or elected according to law." The second section provides for the election of one judge, and makes it his duty to hold two terms of the circuit court in each county, at such times and places as shall be directed by law; and the third section fixes the jurisdiction of the circuit courts, in- cluding probate powers. The fifth article of section 2 vested the executive power in a committee of three persons. This provision was adopted not because it met the approbation of the legislative committee of 1S4:{. but from necessity, as their instructions were against a 'governor ((Jray's "Oregon," 349). We repealed this pro- vision, and vested the executive power in a single person. Article XVII. All male persons of the age of sixteen years and upward, and all females of the age of fourteen years and upward, shall have the right to marry. Vlu either of the