The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1868-12-12
EXTRA LEGISLATIVE SESSION

We see by late number of the
Portland Commercial that it is now
published by Bull s. Dow, and that
1t will soon be enlarged and otherwise
improved. The Commercial says that
we predict shat but one Democratic
paper can be made to live ip Portland
Albany supports one, and why not
Portland 4 halt dozen ?D We have
not time now to discuss this question.
All we have to say is, go ahead and
make the experiment; and if three
. large daily and weekly Democratic
papers can be sustained in Portland
at present, then you may say that the
judgment of one who is intimately
acquainted with the business, in all
its phases, is most sadly at fault. But
this is not exactly what we started
out to say.
The Commercial contains a leader
on the calling of an extra session of
the Legislature The chief point of
the article is, that where an officer of
the State of Oregon refuses to dis
charge his official duty, he may be
compelled to do his duty, by a writ
of mandamus. The following, taken
from the General Laws of Oregon,
page 297, sustains this position:
SEC. $50. The writ of .snandaInus is known in
this code prescribed and regulated il this title
and not otherwise.
SEC. 5s3. II may be issued to aH5 inferior
court, corporation, board, officer person, to
compel the performance Of an act which the law
specially enjoI1s duty resulting from Office,
trust or station. Bat though the writ Eayrequire
such court, corporation board, officer persou TO
exercise its or hi judgment, proceed diseharye
any Of its his functions, il shall not control ju-
dcial discretion. The writ shall not be issued in
any case where there Is plain, speedy and ade-
,quate remedy in the ordinary course Of law.
1t IS sometimes said that there is
no wrong without remedy. In the
case we are considering, grievous, a
most stupendous wrong has been, and
is being perpetrated, upon the people
of Oregon. As a consequence of the
fact that no appropriation bill was
passed, State Warrantg have been is.
sued, and are now selling in Portland
for sixty cents on the dollar. Most
of them are drawing interest, having
been backed by the State Treasurer
thus: 'Not paid for want Of an ap
preparation" If these warrants shall
ultimately be paid-which is doubt
ful-those who sell them lose forty
per cent the State loses, or rather
pays the interest, and the speculatol
makes forty and fifty per cent. and
interest besides and all becausea cor
rupt Executive refuses to call an Elk
ira Session of the Legislature. Hwil
not do for him, or his apologists, tt
say that the Democrats might hay'
passed an appropriation bifl and tina
it was their fault, and not his, tha
one was not passed. This may b.
true; we will concede that at is fo
the present. That does not meet tn,
point in issue. A giant wrong ha
been perpetrated; the people of Ore
gon are the victims of the outrage
and the question is not now-Wh'
has inflicted this wrong ?-but how
shall the wrong be remedied? Wher
vacancy occurs, in the Legislature
by resignation, the Constitution o
Oregon makes it the duty of the Gov
ernor to order an election to fill sucl
vacancy. This the Governor, thus far
has refused to do; as also to call al
Extra Session. 1t is clearly his dut,
to do both; this is the remedy for tn
wrong under which the State is suffer
ing at present; and we hold, with tn
Commercial, that if be continue to re
fuse to discharge his official duty,
writ of mandamus should be issued
compelling him to act in the premises