Page:Oregon Historical Quarterly volume 11.djvu/120

 H4 Opinion of Wm. D. Fenton "Mr. Deady called the attention of the committee to the amended condition of the bill, suggesting that it would be well to refer it back so as the amendments could be incor- porated in their proper places, and suggesting also an amend- ment to it, 'Provided that until the number of inhabitants shall exceed 100,000, the number of justices shall not exceed five in number/ He supposed the population of this country would not exceed that number in twenty years. This proposition may not meet the approbation of the committee, but it may suggest to them that some restraint should be exercised upon the power of making judges by the legislature." The report proceeds further: "Mr. Kelly favored the idea of starting out with four jus- tices at the start. He thought it would be better than referring it to the legislature. It would also give three judges to sit upon the bench, and consequently a majority on division, while it would leave room for the judge who tried the case below to vacate the bench. Mr. Olney feared the country did not expect but three judges, and that the people would be unwilling to support more. He knew the evils arising from a court composed of three judges, and could appreciate it as well as any other gentleman here, but he feared the people would not view it in the same light. The prominent question with them was the expense. Mr. Williams said he would prefer to prac- tice before a separate and independent Supreme Court if he had his choice. He would also prefer to have four justices instead of three, so- as to obviate the objection made by the gentleman from Multnomah (Mr. Logan) to the present sys- tem. But lawyers and judges, it must be remembered, can- not have their own way. The present system may appear very oppressive and very objectionable to the gentlemen who: have practiced in the courts, but it may not so appear to the people. The people do not look at these things as lawyers do. After some further discussion the motion to strike out 'three' and insert 'four' prevailed. Mr. Deady moved the adoption of an amendment limiting the number of judges to five until the