Page:Oregon Historical Quarterly volume 11.djvu/118

 112 Opinion of Wm. D. Fenton more than seven justices of the Supreme Court to be chosen, and to authorize as many circuit judges to be elected in the other class as might be deemed necessary. Section 2, article VIL, originally creating the Supreme Court, defining its num- ber to consist of four, but never to exceed seven, remains in full force excepting as modified by section 10, when legislation thereunder was enacted. The class began with three justices as a minimum, and shall never exceed seven; the court shall no longer perform circuit court work, and must be elected as a distinct class, and presumably each justice must be chosen by the electors of the entire state, and not by districts. As proof that the convention deliberately declined to limit the legislative power upon this and kindred subjects, attention is called to its action on September 17, 1857, next to the last day of its session. On that day Mr. Peebles moved to amend section 1, article XIII., on salaries, by adding to the end of the section the following: "Provided further that the salaries of the judges shall not be subject to increase and the salaries of the governor and secretary of state shall never exceed $2,000, nor the treasurer exceed $1,200." The yeas and nays were ordered, and there were fifteen yeas and thirty-five nays — Grover being the only lawyer voting in the affirmative, and he was a colleague of Mr. Peebles, from Marion County. Mr. Farrar then moved to amend section I, article XIII., on salar- ies, by inserting after the word "diminished" in the seventh line, the words "or increased," and the amendment was adopted by a vote of thirty-six yeas to nine nays. Mr. Wil- liams moved to amend section 1, article XIII., on salaries, by adding at the end of the section as it then stood, the words, "But the compensation of officers, if not fixed by this constitu- tion, shall be as prescribed by law," and this was adopted. Thereupon Mr. Packwood moved to amend this section by striking out all after the word "offices" in the fifth line and inserting 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 constitu-