The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1899-01-25

cult courts which we're FIRST 70 sery'
under tho constitution.
AZ We have above stated, In constru
Ing any portion Of written constitution
reference must must be had to tho eut'rt
instrument
II II important. thsn. that we should
consider section and section 10 together
and considering them together they
would read IN this wise; "The number
of Justices and Districts may be increased
but shall MT exceed fiyct until the white
population 0f the state shall amount 70
one hundred thousand, and airull never
exoeen seven, but when the white pop
ulstion Of the stasc shall amount % two
hundred Thousand, the legislative assem-
ny may, n Il seea NJ 80 % DO. provide fOr
tbs election Of supreme and circuit Judges
IN distinct clasAes. ono of which ciasseg
shall consist Of three justices Of tbs gu
prems court. and the other class shall
consist u the neceNEary number of circuit
Judges"
Now. II will be observed that a I'm
ilatloh is first put on the number o.
iUsticea namely II Il provided that
they shall never exceed seven. that
H. tho Justices which are 70 perform
both supreme and circuit duty. but the
constitution says IN case the Legislature
Heea II 70 do No. Il may. when tho white
population has rearhed or shall amount
to two hundred thousand. provide for
the election Of u supreme court cOnslst-
ifg Of three justices. and as many CIR
cunt Judges as shall be necessary II
wo keep In mind the fact that this last
clause IL practically an exception or pro-
yiso that. under certain circumstance,
the previous inhibition may be waived 70
this extent. namely. tf1at the legislature
may provide for the election OF "A supreme
court 10 consist Of thres justices. II Is
clearer stiil that the purpose was %
limlt the number Of Justices Of the su-
preme court. in case the legislature
should see NJ 10 avail Itself OF this per-
mission
But We are nOt left to depend entirely
upon our own judgment as TO the correct
solution OF this question. We have the
construction OF a. least two previous
legislative assemblies 20 guide us. In
iss there was adopted by the legislature
a proposed amendment 10 the constitu-
ton providing for five Justices Of the
supreme court. In 1876 tho proposed
was again adopted by the
legisia ture and Is now ready 10 submit
10 the people. Had ths legislative as
semblies OF 1888 and 1896 supposed they
had tho power under the constitution,
without amendment. TO enact a law in
nreaslnR the number OF justices. would
they have gone through the useless. and
IN that case sanseiess. work OF adopt
Ing such resolution?
This proposed amendment IL now ready
10 be submitted to the people. and. in
Iced. under the constitution. we are
Jound 10 submit Il. II. instead OF so do |
ng, We shall arrogabe 20 ourselves the !
light. and assume the power. % deter I
nine this question. win II evidence a |
iigh regard for the judgment and rights 1
II the people?
We respectfully submit that the mem |
,ers Of the legislative assembly. having 4
AIKEN a solemn obligation 10 support the
should be the last ones 10
anctlon or permit it's violation In letter
IF In spirit, and II the proposed action
3 OF doubtful validity, should feet bound
y that doubt alone to abstain from act
ng for surely one cannot be said to have
cted with conscientious. regard for his
ath II ne does that which he is not
learly convinced is right.
We respectfully recommend that the
ill do noe pass.
Respectfully submitted
y ssa4us G. w. FULTON. Chairman.