Iowa capitol reporter. [volume] (Iowa City, Iowa) 1841-1855, 1848-10-25

appointment in, said Territory.
Src. 8. And be further enacted, That the legsla-
tive power of the Territory shall extend to all right
full subjects Of legislation not inconsistent with the
constitution and laws of the United States but
law shall be passed interfering with the primary dis
posal Of the soil; no tax shall be imposed upon the
property of the United States nor shall the lands
other property of nonresidents be taxed higher than
the lands or other property OF residents. All the
laws passed by the legislative assembly shall be sub
mtted to the Congress Of the United States, and, if
disapproved, shall be null and of no effects PTovded,
That nothing in this act shall be construed to give
power to incorporate bank, any institution with
banking powers, or to borrow money IN the name Of
Territory, or to pledge the faith of the people Of
the same for any loan whatever, either directly or
indirectly No charter granting any privilege Of ma
king issuing, putting into circulation any notes
bills in the likeness Of bank notes, any bonds,
scrip, drafts, bills of exchange obligations,
obligations, granting any other banking powers or
privileges shall be passed by the Legislative assem-
| bly,; shall the establishment of any branch or
agency of any such corpoI alton, derived from other
authority, be allowed in SAID Territory; nor shall
shall SAID legislative assembly authorize the issue of
any obligation, scrip evidence of debt by said Ter
rtory in any mode or manner whatever, except GER
tifCates for services to said Territory and all such
laws any law or laws inconsistent with the pro-
visions of this act shall be utterly null and void and
all taxes shall be equal and uniform, and no distinc
ton shall be made in the assessments between diff
ferent kinks of property, but the assessments shall
be according to the value thereof. To avoid mpro-
per influences which may result from int mixing in
one and the same act such things as have no proper
relation to each other, every law shall embrace but
object and that shall be expressed in the title.
SECT. And be il further enacted, That alltownshlp,
district, and county Offices, not herein otherwise
provided for, shall be appointed elected, in such
shall be provided by the legislative assem-
bly, of the Territory OF Oregon.
| SEC. s. And be further enacted, That no member
of the legislative assembly shall hold, or be appon-
| cd To off WI hal hay cd or
the salary emouments of which shall have been
increased while he was member, during the term
for which he elected, and for year after the
expiration of such term but this restriction shall
not be applicable to members of the first Legislative
assembly; and no person holding commission or
appointment under the United States shall be
Der Of the legislative assembly, hold any office
der the government Of said Territory.
SEC. 9. And bel further enacted, That, the judicial
power of said Territory shall be vested in supreme
court, district courts probate courts, and in justices
of the peace. The supreme court shall consist of o
chief justice and two associate justices, two OF
whom shall constitute quorum, and who shall hold
term at the seat Of government Of said Territory
annually, and they shall held their offices during the
period of four years, and until their shall
be appointed and quaiien. The said Territory shall
be divided into three judicial districts, and district
court shall be held in each of said districts by of
the justices Of the supreme court, at such times and
places as may be prescribed by law; and the said
judges shall after their appointments, respectively,
reside in the districts which shall be assigned them.
The jurisdiction of the several courts herein provi-
ded for, both appellate and original, and that of the
probate courts and Of justices of the peace shall be
as limited by lawi Provided, That justices of the
peace shall not have of any in which
the title to land shall in any wise come in question,
or where the det Or damages claimed shall exceed
one hundred dollars; and the said supreme and dis
tct counts. respect, ely, shall possess chancery,
well common law, jurisdiction. Each district
court judge thereof shall appoint its clerk, who
shall he also the register in ChanC and shall keep
his Office at the place where the court may be held.
Wrts Of error, bills OF exception, and appeals, shall
be allowed in all from the final decisions of
said district courts to the supreme Court:u under such
regulations may be prescribed BY law; but in no
case removed to the supreme court shall 4 jal by jul
ny be allowed in said court. The supreme court, or
the justices thereof shall appoint its clerk and
every dlerk shall hold his Office at the pleasure of
the court for which he shall have been appointed.
NrS of error and appeal from the final decisions of
said supreme court Shall be allowed, ard may be ia
ken to the Supreme Court of the United States,in the
same manner and under the regulations as from
tie circuit courts of the United States, where the
value OF the property the amount in controversy,
to be aScertained by tie oath affirmation of either
party, or other competent witness, shall exceed two
thousand dcllars and in all where the Consti-
tuition Of the United States, or acts or Congress- or
treaty of the United states, is brought in question,
and each of the said district courts shall have and
exercise the same jurisdiction in all arising
under the constitution of the United States, and the
laws Of said Territory is vested in the circuit
and district courts Of the United States writs of er
ror and appeal in all such shall be made to the
supreme count Of said Territory. the same as in 9TH
er cases. Writs of error and appeals from the final
decisions Of said supreme court shall be aowedand
may he taken to the Supreme Court of the United
states, In the same manner from the circuit courts
OF the United States, where the value of The property,
or the amount in controversy shall exceed two thou
sand dollars; and each of said district courts shall
have and exercise the same jurisdiction in all cases
arising Under the constitution and laws of the Uni
ted States, is vested in the circuit and district
courts Of the United States, and also of all cases ar
sing under the laws of the said Territory and other
wise. The said clerk shall receive, in all such ca
ses, the fees which the clerks of the district
courts Of the late Wisconsin Territory received for
similar services.
SEC. 10. And be further enacted, That there shall
be appointed attorney for said Territory who shalt
continue office for four years, and until his success
sor shall be appointed and qualified, unless sooner
removed by the President, and who shall receive the
same fees and salary as were provided by law for
the attorney of the United States for the late Terri
tory of Wisconsin. There shall also be marshal
for the Territory appointed, who shall hold his office
for four years, and until his shall be APP
pointed and qualified, unless sooner removed by the
President, and who shall execute all processes iSSu-
ing from the said courts, when exercising their jul
risdcton circuit and district courts Of the Uni
ted States he shall perform the duties, be subject to
the same fees, were provided by law for the mar
of the district court Of the United States for the
present latel Territory of wisconsin, and shall, in
addition, he paid two hundred dollars annually as
compensation for extra services.
SEC. H. And be it further enacted, That the govern
or, secretary. chief Justice. and associate Justices
attorney, and marshal, shall he nominated, and, by
by and with the advice and consent Of the Senate,
appointed by the President of the United states. The
governor and secretary to be appointed aforesaid,
shall, before they act SUCH respectively, take
oath or aiirmaton before the district judge some
tsrn nF Tnrr.