Page:Oregon Historical Quarterly vol. 5.djvu/319

Rh representatives with appellate jurisdiction, but with power to issue writs of habeas corpus, mandamus, quo warranto, certiorari, and other original remedial writs, and to hear and determine the same. In its appellate capacity it was also accorded authority to decide upon and annul any laws enacted contrary to the provisions of the articles of the organic act, thus recognizing a fundamental principle which has now become firmly and unalterably established in American constitutional jurisprudence, that an act beyond the authority of the lawmaking body to adopt by reason of restrictions and limitations placed upon its powers, is void and without binding force and effect, and that the judiciary may rightfully so determine and declare. This state of initial construction was followed by the territorial government established by Congress, whereby the judicial power of the territory was vested in a supreme court, district courts, and others of less authority. The supreme court was composed of a chief justice and two associate justices who were authorized each in his own district to hold the district courts as well. A little more than a decade later the State was admitted into the Union under the present constitution creating the supreme court, to consist of four justices, with power in the legislature to enlarge the number to seven, the justices being charged with the duty of holding and presiding over the circuit courts, which are of general and original jurisdiction. By authority of another clause of the same organic law the election of supreme and circuit judges has been since provided for in distinct classes, with which system you are familiar. Under the constitution the powers of the government are divided into three separate and distinct but co-ordinate departments, the officials intrusted with the functions thereto being all elective, with the inhibitive injunction that no person charged with official duties under one of these departments shall exercise any of the