Daily capital journal. (Salem, Oregon) 1903-1919, 1907-02-04


r. not provided for by this constitu-
ton, Il may be declared by law; and
n not 30 declared. such ONCE shall be
held during the pleasure OF the au-
fhorlty making the appointment.
puT THE LEGISLATIVE ASSEM-
BLY, SHALL NOT CREATE ANY
OFFICE, THE TENURE or WHICH
SHALL BIZ LONGER THAN FOUR
YEARS" Section 2. article 4. Ore
gon constitution.
II has been the policy OF previous
legislatures 10 entirely overlook the
last sentence OF this section OF the
constitution, whether intentional or
otherwise makes no difference. as a
result OF which numerous acts adopt
ed Ms far back as 1870 are as void
as though never enacted and, In the
opinion OF ono OF the highest legal
authorities OF the state. all OF the
state boards created by them have
been serving without n shadow OF
authority OF law from the date OF
their appointment. Principal among
the state boards. which are practical
~ nulllnod because the previous Leg
islaturoa exceeded their authority
under that section. In fixing the
terms OF once from Ave TO ~ years.
ARE the state board OF medical exam
insru; state board OF pharmacy; state
university. state agricultural college,
and all four OF the state normal
schools.
JuHt what can bo done 20 remedy
these apparent Illegal overalghts has
not yet been studied out but II is the
opinion OF all whose attention has
been called TO the peculiar circum-
stances connected with the situation
that tho only remedy would be for
the present legislature TO draft new
bills correcting the errors OF former
Legislative anUembliea. as TO prescrib-
ting terms OF once In excess OF their
authority. and this will probably be
done in order 20 iegaliEe all OF the
boards and officers involved, Aside
from those named Ia the board OF In
apectors OF child labor. the pricipal
oficerH and most active members OF
which are residents OF Portland
The bill introduced by Representa-
tive. OF clackamas county, by re-
quest, 10 create a state board OF char.
isiea and corrections, was knocked IN
the head IN tho house last week. by
Representative Chaplin. OF Multno-
nah. because Il provided Tor a term
of slx years, service for the members
Of tho hoard. and tho bill presented |
by AIR, Nawtcr. OF Douglas aud Jack !
son. proyiding for one state board OF
regents 20 controll an OF tho state
normal schools. which also provides
that the ala appointiye members
shall serve for term Of slx years.
which the WAYS and means commit
tee Of the house has decided to rec
ommend fayorahly. viii sulor like
fate aud also the bill introduced by
MIR Wilson. OF Mulinomah, providing
Cor the creation OF state board OF
osleopathle examination and registra.
tlon, che proposed ave membeFs OF
which shall serve for a period Of nyo
years
Tho knowledge tha, this act IL In
eontravention ~ the state constlta
sioa Win create sFeat furoFe amoas
che oslconathic practitioners OF the
state lnasmueh a. they have their
keeFts and souls set upon securing
che enAeiment of the bin without
amendment or alienation and the
members Of the legislature are being
literally aeoded with personal letters
from the leading osteopaths from
dincrent parts of the state. who real.
sac that the h0meopathists aud eclee-
tics are moving heaven and earth 20
defeat the measure. Tho house BIZ
is s,ill Ia tho hands Of the committee
on heAish and public morals OF the
hoase and the senate BIN In the
hands of the COMMITTEES Of medicine
and pharmacy and the former will be
reported out favorahly today by
chairmsn Rolhchild, OF union.
section sfet, o. chapter 4. of she
oodcs. Which ersates tae beard %
medical ekamlneFs. after prescribing
how they shalt be appointed and
their Qualifications, provides that,
''Tkree of the board shall be regu.
lars. one eelectie. ana oas hoMsopa-
ghisis. one of wham SHALL Hof.n
liis ofFlCE foR FIVE YEARS.
ons fnF four ysaEa one fog sArce. and
ems Oar ivp ssarh aRa epe Cor ons
year. and each untii hh snccessor
shah BE- appeinted aaa euAilnsd. and