The evening herald. (Klamath Falls, Or.) 1906-1942, 1914-10-26
rnE supREME COURT DEClsioN

jTqiE decision OF the supreme court.
j In the Multnomah county case.
viii have one Wholesome eject. st
least. IL will make every Intelligent
voter view with saspictoa each and
every amendment t. the constitution
appearing on ths ballot At this clc>s-
ten and forever sereafter.
II 10 a. plain a. tAs noss on Jour
face. nov. that the amsndment adopt.
Cd in 1910. BY which Il h claimed
county judges were elected for six
years. contained Joker that tho
IfrAmers thereof had only minor con-
iception OF. Had the people known
or suspicioned that u was the inten-
ton Of the amsndmsat to change the
term Of once OF county judges from
four to six yeArs. they never would
have sanctioned its adoption Had
they understood that Il was the fur
ther Intention OF that amendment to
abolish entirely the once Of county
judge. II would have undoubtedly
eeen Overwhelmingly defeated. There
10 NO doubt that the majority of the
constitutional amendments on the
ballot this year upon which the voters
are to pass judgment. contain mean
ings foreign 70 their titles. Let ~
beware that vs fall not again Into
the pits dug for the unvary.
Sec. l.. Art. VII. OF the Constitu-
ltion. ~ II originally stood. reads:
The judicial power Of the state
shall be vested In . supreme court.
circuit courts and county. courts.
which shall be courts Of record. hav-
ling general Jurisdiction. to b defined.
limited and regulated BY Law in &C.
eo.Sszss With the Constitution. ="
The amendment that the people
were HOODWINKED into adopting reads:
Sec. 1.-The judicial power Of the
state shall be vested in ONE SU-
PREME COURT. and in such other
courts a. may from time to time be
created BY law. The judges Of the
supreme court and other courts shall
b elected By the legal voters Of the
state or OF their respective districts
for q term OF six years. -"
No mention IL made Of elections By
counties. and II would seem that the
omission was Intentional and In has-
jmony with the idea that county courts
were to b done away with By the
amendment
Section Of the amendmsnt:
The courts. Jurisdiction and judi
cial system OF Oregon. except 20 far
as expressly changed BY this amend
ment. shall remain - At present con-
stituted until otherwise provided By
Law. ."
Sec. xI. Of Art. vII-"There shaIl
be elected in each county. for the
term Of four years . county Judge"
IL will BE- noted that the amend
ment EXPRESSLY lodges the judicial
power Of the state in one supreme
court and such other courts a. may
from time to time be created by law.
Section . OF the amendment II Of no
force except that Il attempts to pre-
serve the status Of the circuit courts
and county courts and judicial sys-
tenn Of Oregon for the time being, or
until otherwise provided BY law.
At the 1913 session Of the Iegisia-
ture an act was passed abolishing the !
office OF county Judge OF Multnomah |
county. The legislature presumably
found their authority for that piece .
Of legislation in the Aforesaid amend |
ment. Now comes the supreme court |
IN q proper case. and says that piece ,
Of legislation Il unconstitutional.
Referring 70 the amendment again:
The judicial power Of the state 10 \
vested In one supreme court and in 4
such other courts - may from time 70
lime be created BY law"
What ID meant by that expression! {! l
Il certainly doesn't mean circuit
courts and county courts - now con.
Ititutsd. II It did. why amend the
original section which vested them
vith judicial povsrsf The sapsss-
HON. "and in such other courts a.
may. from time TO time bs created BY
~" must msaa created by ths isgis-
sturs o. ~ initiative measures.
II Il had bssn the intention Of the