Page:Oregon Historical Quarterly volume 11.djvu/93

 On Power to Increase Supreme Court 87 disregarding the same unless satisfied that such practice is repugnant to the plain words of the constitution. Such an exposition is a very persuasive argument and often of con- trolling force, and it has always been regarded by the courts as equivalent to a positive law. It therefore becomes important to know what view the framers of the constitution held in respect to this provision and those of a kindred or like char- acter, and also as to what has been the result of a practical exposition of the constitution by legislative and executive action. Section 2, article 7, provides that: "The Supreme Court shall consist of four justices to be chosen in districts by the electors thereof, who shall be citizens of the United States and who shall have resided in the state at least three years next preceding their election, and after their election to reside in their respective districts. The num- ber of justices and districts may be increased, but shall not exceed five until the white population of the state shall amount to 100,000, and shall never exceed seven. * * *" Section 3 provides: "The judges first chosen under this constitution shall allot among themselves their terms of office so that the term of one of them shall expire in two years, one in four years, and two in six years, and thereafter one or more shall be chosen every two years to serve for the term of six years." Section 7 provides that, 'Terms of the Supreme Court shall be appointed by law, but there shall be one term at the seat of government annually." Section 10 provides: "When the white population of the state shall amount to 200,000 the legislative assembly may provide for the election of Supreme and Circuit Judges in distinct classes, one of which classes, shall consist of three justices of the Supreme Court, who shall not perform circuit duty, and the other class shall consist of the necessary number of circuit judges who