Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, 1910-11-15

examined in any court of this State,
unless the court can afiirmatively say
there is no evidence to support the Ver-
dict. Until otherwise provided by law,
upon appeal of any case to the Su-
preme Court, either party may have
attached to the bill of exceptions the
whole testimony, the instructions of
the court to the jury, and any other
matter material to the decision of the
appeal. If the Supreme Court shall
be of opinion after consideration of
all the matters thus submitted, that
the judgment of the court appealed
from was such as should have been
rendered in the case, such judgment
shall be affirmed, notwithstanding any
error committed during the trial; or If,
in any respect the judgment appealed
from should be changed, and the Su-
preme Court shall be of opinion that
it can determine what judgment
should have been entered in the court
below, it shall direct such judgment
to be entered in the same manner and
with like effect as DEGREES are now en-
tered in equity cases on appeal to the
Supreme Court. Provided that moth
ing in this section shall be construed
to. authorize the Supreme Court to find
the defendant in criminal case guilty
of an offense for which a greater PEN
atty is provided that that of which the
accused was convicted in the lower
court.
Section 4. The terms of the Su-
preme Court shall be appointed by
law; but there shall be one term at the
seat of government annually At the
close of each term the judges shall file
with the Secretary of State concise
written statements of the decisions
made at that term.
Section 5. In civil cases three
fourths of the jury may render ver-
dict. The Legislative Assembly shall
so provide that the most competent of
the permanent citizens of the county
shall be chosen for Jurors; and out of
the whole number in attendance at the
court, seven shall be chosen by lot as
grand jurors, five of whom must con-
cur to find an indictment But prOvis-
ion may be made by law for drawing
and summoning the grand Jurors from
the regular jury list at any time. sep
arate from the panel of petit jurors.
and for the sitting of the grand jury
during vacation as well as session of the
court. as the judge may direct. No per-
son shall be charged in any circuit
court with the commission OF any
crime or misdemeanor defined or made
punishable by any laws Of this State.
except upon Indictment found by a
grand jury; provided. however. that
any district attorney may file an
amended Indictment whenever an in
dictment has. by ruling OF the court.
been held to be defective in form.
Section G. Public officers shall not
be impeached; but incompetency. cor
ruption. malfeasance OF delinquency
in Office may. be tried In the same
manner as criminal offenses. and judg-
nent may be given Of dismissal from
Office. and such further punishment as
may have been prescribed by law.
Section Z. Every Judge of the Su-
preme Court. before entering upon the
duties Of his office. shall take and sub
scribe. and transmit to the Secretary
Of State, the following oath:
I. --. do soimenly swear
Cor afirm) that I viii support the
Constitution Of the United States. and
the Constitution Of the State Of ore
gon. and that will faithfully and i'm
partially discharge the duties Of a
Judge OF the Supreme Court Of this
state. according 70 the best Of my
ability. and that viii not accept any
other Office. except judicial Offices. dur
ing the term for which I have been
elected"