The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1869-02-20
THE APPROACHING SESSION.

VIC d9GEELSAfEt1p 1uO AtOtll OIiiSI SouA'
ces, we believe that the Democratic
members, at least, will generally be
on hand, at that time, at Salem, ready
to do what, in their wisdom, may
seem best to be done to extricate our
noble State from the terrible condition
in which she has been placed by Rad
ical leaders and fanatics. At one
time we did hope that the Governor,
in obedience to the positive behests
of the Constitution, which he has tax
en- solemn oath to support and main
tain, would issue writs of election to
fill the vacancies caused by the re-
signation of some fifteen members !;
and that he would Immediately con,
vene the Legislature by proclamation /;
the Constitution making 1t his duty
to do so "on extraordinary occasions. +"
We say we did, at one time, have a
faint hope that he would do all this !;
but this hope has long ago been relin-
guished, Our Executive has more of
the chief element of the maltese ass
we mean stubbornness-in him than
Be supposed. That's what makes the
top Of his head run to seed so prodig-
iously.
We need not dwell upon the condi-
ton into which Oregon has been
plunged by his Excellency and those
members whom he has induced to re-
sign, thereby depriving the lower
house Of a quorum. Everybody is
complaining of the tightness of the
times Everybody is remarking how
hard it is to collect debts at present.
There are several causes for this; but
one great cause is the fact that
thousands on thousands of the State
taxes are locked up in the vaults of the
State Treasurer; thereby Withdraw
ing this money from circulation as ef.
fectually as if it were thrown into tho
bottom of the Pacific ocean. Linn
county has twelve or fifteen thousand
dollars locked up in the State Treas
ury. It is retired from circulation;
and it viii remain there for the next
two years unless sooner withdrawn
by an appropriation bill duly passed
by the legislature. This money, if in
circulation, might pay hundreds of
thousands of dollars debt in that
time; and if the whole amount now
in the State Treasury, and that which
viii find its way thithef very soon,
were again set free, the present strin-
gency in the money market of this
State would be materially relieved.
Is there no relief? Is there no rem
edy? To say there is not, is to say
that our State Constitution is exceed
ingly defective. 1t is to say that the
trainers of the Constitution, with the
1abors and wisdom of numberless 9th
er State Constitutional Conventions
before them, were wofQily wanting in
the most essential requisites of Or
ganic Lawmakers. We believe the
Constitution is not defective in this
particular. It says the Governor
"Sh0U issue writs of election to fill
suoh vacancies as may have occurred
in the legislative assembly" fhe will
not obey this peremptory mandate,
we believe he can be compelled to
obey it by writ of mandamus. Ac-
cording to the statute this writ may
be allowed by a "court OF judge,''
and may be ''issued to any inferior
court, corporation, board, officer or
person, to compel the performance of
an act which the law speedily enjoins,
as a duty resulting from an office,
trust or station" It seems to us that
this exactly fits the case under consid-
Grafton. The orgaric law of this
State makes it the especial duty of
the Governor to issue writs of cleo
tion to fill all vacancies that may oc-
cur In the legislative assembly. This
the Governor, who is an "oficer or
person." refuses to do. 1t is said
that he has declared that be will not
issue writs of election, nor call spe-
clal session, till fheil freezes oFer;"
but the writ of mandamus steps in
and compels him to do his duty.
f. however, this remedy should
fail, or prove defective, we are of the
opinion that the great wrongs which
the people of Oregon are now endur-
ing, may be remedied IN another way.
Section seventeen Of article four of
the Constitution reads thus: "Each
house shall have all powers necessary
for branch of the legislative depart
ment of free and independent State"
Let us examine this moment The
Constitution contemplates that tle
Legislature shall always be in exist
ence. Hence it makes it obligatory
upon the governor to fill vacancies
whenever they occur. But if he will
not discharge this duty, and cannot