Page:Oregon Historical Quarterly volume 11.djvu/105

Rh ''indicated and cover as narrow a Held as possible. Any other view is to hold that the people entrusted with sovereign power are not to be trusted in the exercise thereof''. These limitations in the organic law are self imposed and they ought not to be held to exist unless there is some express provision in which the inhibition can be sacredly and jealously guarded. This limitation upon the power of the legislative assembly as representing the people also expressly appears in sections 3 and 4, article IX.; sections 1, 2, 3, 4, 6, 7, 8, 9, 10, article XI.; sections 1, 2, 3, article IV.; sections 3, 6, 7, 8, article XV.

It is also important to note that at the time the constitution was framed the Supreme Court consisted of four justices, who performed circuit duty in the four judicial districts then recognized by section 11, article XVIII. The legislative assembly at various times, beginning with the state government, has recognized that the constitution is a limitation and not a grant of power, and unless legislative power is expressly inhibited, it exists. By section 7, article VII. it is expressly provided that the terms of the Supreme Court shall be appointed by law, but there shall be one term at the seat of government annually. It is well understood that there has been authorized by law two terms of the Supreme Court annually and in addition thereto, a term has been created to be held at Pendleton. Under the construction of section 7, article VII., as contended for by those who deny the constitutional power to increase the number of justices, there could be but one term of the Supreme Court at Salem annually, and the existing law creating a March term and an October term of the Supreme Court would be invalid. A like strict construction of section 3, article IV. as to public institutions of the State would require the State University, Agricultural College, State Normal School, the Pendleton term of the Supreme Court, and all other agencies of the state or institutions which receive its aid or support, to be located at the seat of government, and appropriations therefor would be invalid. Under a strict construction of section 2, article VII.,