, 1869-03-12
THE UMArnLA COUNTY SEAT.
DECISION oh JUDGE J. O. WILSON.

county appointed three persons to select a
site for the new county buildings. Those
Commissioners reported that, on the % day
of November, 1868, they selected place and
located the County Seat for that county on
the Upper Umalills river, on section 10 and
IL, township 2 north, range 80 east, and
named the place Pendleton. That report
was accepted by the County Court at the
January term, 1869, and that is the last
action Of the said County Court in reference
70 County Seat or Sny matters connected
Herewith. There is an order, in evidence,
in writing purporting to be made by G.. W.
Bailey, County Judge, bearing neither date
nor venue, without auy authority of the
County Court, or any other legal authority,
which directs the Clerk, Sheriff and Treas
urer Of that county to move the records, pa.
pers and furniture belonging to the county
to the town Of Pendleto0. The Treasurer
refused to do So These officers now keep
their offices in single room, not designated
BY the County Court, .pnder a written lease
from M y. Goodwin and wife made some-
time in February, 1869 and aDts-dated Jan.
uary l6, 1859, and improperly filed as of that
day-some twenty days before its execution.
The lease is unstamped, and void because no
authority was given to any one to make or
accept any agreement or lease. Another
written lease, unstamped, and similarly void,
seems to have been made by G. W. Bailey
and wife to the county, purporting to lease a
building for Court House, upon payment to
them by G. W. Bailey, County Judge, of
nominal rent. This was ante-dated and not
filed There is no acceptance by proper
court of either lease. The building so leased
for Court House is the private dwelling of
said Bailey, by him then and now occupied
with bis family. There seems TO be base
ment now under the Office of defendants,
which is alleged to be the jail, but it appears
in evidence TO be a store house connected
with the hotel of the lessor, Goodwin, with
common PANEL door and openings covered
with seive netting.
No buildings appear from the evidence at
Pendleton which in any way belong to Una
tilla county. 1t is said that building is 10
process of erection for Court House, but no
action was ever had by the County Court in
reference to it, and no proof is made that the
county has one foot of land or any real prop
erty at that place. Under this state of facts
and the law of October l3, 1868, the Treas
urer of that county, alleging proper reasons,
applied for writ of mandanus, and an
alternative writ was issued February l9,
1869, directed to defendants, requiring them
to move their offices to Umatila Landing, or
show proper reasons for not SO doing and
hearing was fixed for February 27, 1869, at
Chambers at Dalles City, at which time the
parties appeared
Without extended arguments shall decide
the points raised on the hearing. l am not
satisfied that l need pass upon the question
oil the unconstitutionality of the law of Octo
Der l3, 1868, since the case admits of soln>
ton upon other grounds That act, however,
is one Of singular iudehniteness and novelty.
1t is not the province of judge to seek
reasons for setting aside solemn act Of the
Legislature il is rather bis duty to sustain |
it if possible. Without deciding the many
Questions arising under its sections l will
merely give that construction to the whole |
act, which it should have in determining
what would be such a compliance with its
terms, as would create new relations between
the county of Umatilla and its County Seat.
Whether any proper candidates are named
10 the act for such place of holding courts,
etc., 10 be voted for, is immaterial now.
Those questions may arise if at any time the
acts of the County Court are questioned.
This proceeding affects only the Clerk snd
Sheriff. In case the people Of Umatilla
county should by their vote in November
last select another place than Umatillf Land.
ing for the County Seat then certain pro-
ceedings were to be had: A Commissioner
was to be selected and appointed BY the
County Court, not to select County Seat,
but 10 locate o este for the new county |
buildlugs," and name that place. When this
was done and the report accepted, the whole
matter rested until such "new buildings
were in Q sufficient state of fitness for occu>
paney, to happen within one year Upon that
appearing, doubtless the County Court could
make proper arrangements for the transfer
ring Of the county officers, ETC., 10 the place
selected. The law in question provides that
the present county buildings shall be used for
county purposes until such preparations are
made. Before any steps could De taKen 10
respect to removal, it must appear from the
transactions on record in the County Court
that these contingencies had happened and
that proper time had come for removal
and then, and not till then, could the proper
orders be given which would render the de-
fendauts liable 10 case of refusal to- obey
As the case stands here there seems to have
been an inter want of any action 90 the part
of the County Court, and an action on the
part of defendants without shadow Of either
authority in themselves, or from any compe-
tent source. The statutes Of Oregon provide
that these officers shall keep their Offices 70
such building or room at the places for hold
ing courts as TIE County Court may desig- |
mate. On the 18th of January, 1869, the
time of the alleged removal, there was no
other place in Umatilla county for holding
courts than Umatilla Landing, and nothing
has occurred since in law, or under law,
making any change IN such place; and there
is no order of a competent County court
any other rooms for such othees
khan those nreviouslv occupied by the Sheriff