Page:Oregon Historical Quarterly vol. 5.djvu/317



VOLUME V.]

The judiciary of this State as a system or department of government is of interesting parentage. It was horn of necessity, in primitive, organic times in the history of the Northwest and consisted of a single supreme judge, invested with none other than probate jurisdiction. It comprised also the executive department of government and antedated the legislative. It was above the law, for at that time the common law had not become our peculiar heritage and there was no statute book to control its action. It was truly a creature of circumstances. An event of no unusual moment if it were in these times, gave rise to its organization the death of a citizen leaving an estate to be administered. The organization was accomplished at a meeting of the settlers by the election of a judge, a clerk, and a high sheriff, all anterior to the formation or adoption of any provisional or organic law. It was resolved that until a code be adopted by a legislative committee for which provision was also made, the judge should be instructed to act according to the laws of the State of New York. A writer of early times asserts, however, that the instructions were to act "just as he pleased." Dr. Ira L. Babcock was the person chosen, and was thus made both