Page:Oregon Historical Quarterly volume 11.djvu/35

 the old Methodist Church at Oregon City. Near the Church Barton Lee had constructed a ten-pin alley, which was frequented by members of the legislature, for various purposes "including refreshment from their legislative toils". Col. Nesmith then said:

"I had a bill then pending to cut off the southern end of Yamhill, [County] and to establish Polk County, which measure had violent opposition in the body. One morning while most of the opponents of my bill were amusing themselves at 'horse billiards' in Lee's ten-pin alley, I called up my bill, and, after making the best argument I could in its favor, I concluded with: 'and now, Mr. Speaker, upon this bill I move the previous question'. Newell looked confused, and I was satisfied that he had no conception of what I meant; but he rallied, and, looking wise and severe (I have since seen presiding officers in Washington do the same thing), said: 'Sit down, sir! Resume your seat! Do you intend to trifle with the Chair! when you know that we passed the previous question two weeks ago? It was the first thing we done!' I got a vote, however, before the return of the 'horse billiard' players, and Polk County has a legal existence today, notwithstanding the adverse ruling upon a question of parliamentary usage." ("Transactions of Oregon Pioneer Association" for 1875, page 59).

Col. Nesmith was in error in saying the bill passed was for the establishment of Polk County. That bill passed the Provisional Legislature December 19, 1845, ("Oregon Archives," page 151) and was approved by Governor George Abernethy December 22, 1845, (General and Special Laws of 1843-9, page 38). Col. Nesmith was not a member of the Provisional Legislature until 1847. That session was held at Oregon City, beginning December 7, 1847. Col. Nesmith was a member from Polk County. ("Oregon Archives," page 221). The bill he referred to must have been the bill, which I have been unable to find, entitled "An Act to define the boundaries of