Page:Oregon Historical Quarterly volume 11.djvu/101

 On Power to Increase Supreme Court 95 Ex-Governor Chadwick, in his letter of date January 24, 1887, says: "It was my understanding that the prevailing opinion of that convention was that the legislature would have the power to increase the salaries of judges. From the action of the convention I was of that opinion myself. Every attempt to prevent the increase of salaries of judges by constitutional provision was promptly voted down. Such attempts were made, as the proceedings will show." Judge Boise, in his letter of date January 26, 1887, says: "All authorities on constitutional limitations hold that to deprive the legislative department of the state of the power to legislate concerning any matter touching the interests of the state, words of inhibition must be used." And referring to section 1 of article 13, supra, he says : "This cannot be construed to prohibit the assembly which represents the sov- ereign power of the state from increasing these salaries, if in its judgment it ought to be done. I have frequently heard this matter discussed and always entertained and often expressed the opinion that the assembly has this power." Judge Prim, in his letter of January 24, 1887, says : "The legislature clearly has the power to legislate on all rightful subjects of legislation, unless expressly prohibited from so doing, or where prohibition is necessarily implied from some express provision contained in the constitution ; or, in other words, the legislature of a state possesses all legisla- tive authority not delegated to the general government or prohibited by its written constitution." Referring to the section under consideration, he further says : "The above provision is to the effect that each shall receive that amount without containing a necessary implication that they shall receive no more if the legislature in its wisdom shall SO' provide." And further : "It is my understanding that a large majority of the mem- bers of the convention was opposed to inserting anything in