Page:Oregon Historical Quarterly volume 11.djvu/102

 9 6 Opinion of Wm. D. Fenton the constitution prohibiting the legislature from increasing the salary of the state officers at any time when such increase should become necessary." He then refers to the action taken by Mr. Peebles and the vote of the convention thereon. He also says that Mr. Pack- wood also moved to amend said section by striking out all after the word "offices" in the fifth line and insert the words, "Nor shall the pay of any officer in this state be diminished or increased except as provided for in the first section for the making of amendments to this constitution," which was also disagreed to. Judge Deady, in his letter of January 23, 1887, says : "I have no doubt of the power of the legislature to increase the salaries of the judges of the Supreme Court. * * * The language of the constitution on its face is fairly susceptible of the construction that the judges shall have the sum therein mentioned at least and as much more as the legislature may provide. Certain it is that there is no express limitation on the power of the legislature to increase. In such a state of things, even if it can be said that the arguments for and against the constitutionality of the measure are evenly bal- anced, the doubt ought to be resolved in favor of the increase because it wrongs no one and is demanded by the public good." He calls attention to the fact that when the article on sal- aries was on its passage, Mr. Fred. Waymire, from Polk County, moved to amend by adding the words, "and no more," which amendment was rejected by the convention. Conclud- ing his letter he uses this language : "This is equivalent to a declaration by the convention that framed the constitution that its was not intended thereby to prevent the legislature from increasing the salaries whenever in its judgment the population and business of the country justified and demanded it." Judge Williams, in his letter of January 24, 1887, says: "According to my recollection, an effort was made in the