, 1871-12-25
gnget Sound 9ispatell
The Code Observation-Disclosures
they went into effect.

the Practice Act, week before last, we
expressed the opiEion that they were ex-
isting law, having taken effect from the
time the Act received the approval of the
Governor i. e., Nov 29th, 1911. The
Olympia Transcript of last week takes
rs to task for this opinion, and contends
that these amendments do not go into
operation until g sixty days after the ex-
piration of the session at. which they
were passed"
we are disposed to give full force to
the argument of the transcript writer,
and to treat the article as one worthy
the character of that respectable Jour
nal, and shall try not to mar what we
have to say, by personal illusions either
to the Editor or the real Proprietor.
We shalt also give the Editor credit for
the article, as it is very apparant it was
not written by a Lawyer. We confess
we have no taste for that style Of jour-
naiism which is so well known as the
"Oregon Style" and never indulge III
it, save when compelled to do SO upon
the principal that one must fight the
Devil with fire.
SO we still think as We did before,
that "the Code Amendments are exist
ing law, and the Big Wigs had better
make note of it.
Now this ,earaiilJ to tt Big Wigs
is all very well says the Transcript,
"but gentlemen, suppose you are in er-
ror, wont the Big Wigs settle it %
Why no. The Big Wigs can only ar
que, not decide. The Judges decide,
and all of us will be bound by the de-
cision when made. We never for mo-
ment sought to aduise a decision, OF
aca17a any one holding Judicial position,
for no one has higher regard for the
independence of the Judicial function
than ourself The ''Big Wigs" are the
gentleman of the Bar, sometimes termed
gentlemen of the Long Robe.
Vide: Shakespeare, Smoliet, Dickens,
Tom Hood, ct al. Now the first author
referred to has said:
1.-The law is past depth to those that,
without heed, do plunge into it, and
9th the Transcript and ourself had
better perhaps wade near shore. At
least it seems so when we criticise the
following paragraph of the Transcript
article:
"Now the case is about thus: At the
session of 1868, (see Stat. of 1S67-8,
p. 53) the legislature passed law pre-
scribing that when no time was desig-
mated therein for it to take effect, stat
ute of general nature went into force
sixty days after the expiration of the
session at which it was passed. That
law is inrepealed, and is just as binding
on legislators, ,rho take an oath to obey It,
as it is upon our citizens. The Code
Amendments - are silent as to the
time of going into effect of the law con-
tanning them. This law is general
law, and as the late legislature failed to
repeal the act of 1867-S, they tacihy as
seated thereto, and all their legislation is
governed by the unrepealed law of
lS67-S."
Now, in fact, the Legislator does
net take an oath to obey the laws. No
such oath is anywhere provided. The
Organic Act prescribes the oath, and it is
to "support the Constitution of the
United States and faithfully discharge
the duties of his office" The Legisla-
tor is no more bound to obey an uncon-
stitutional act, than the private citizen
and he need not obeyita at all. So therei is
no significance in the fact that the Leg
islator takes an oath of office. But the
Transcript proceeds:
But again the Big Wigs have al
ready decided by their action at the
present term of the Supreme Court,--I
That the law of 1S67-8 is in full force
and effect. II. That the law does not
go into effect when signed by the Gov
ernor, if the legislature fix the time of
its taking effect. The recent legislature
assembly passed law fzing the times
for holding the district and supreme
courts, prescribing the I'd Monday of
December as the time for holding SUI
preme court, and Intentionally making
such law imperative as to the said term
by fixing January l, 1872, as the time
for said law taking effect. Now the
Big Wigs met under the late law, not
withstanding the Governor signed the
bill. in November last. So, practically.
the law of 1868 is decided by them
not to contravene the act of Congress,
and that it is competent under the ex-
listing laws for the legislative assembly
to fix the time when laws of q general
nature may take effect
If by the Big Wigs, the Transcript
means the Judges of the Supreme Court,
those gentlemen will hardly thank it for
Soubriquet. But we do not so un-
md the action of those Judges.
rot ''lformed by the very best au-
no such decision has been
ority tina. INC contrary Il tne ON
,de oaite Judges may be regard
i action of, the tfe declsion VIII
as indicating wha. q. we ahuoe
/, soken case Is prese'at, 'aSuiate the
the framing Rules to l., frees IN
oae of taking appeals from d. Terai
ancery. The pouer to make S. We
these Rules can be found noWh.
ltside of the very Code Amendments
question, which expressly authorize I
.e Judges to make them. 1t is not a i