The quarterly of the Oregon Historical Society, Vol. 4, March, 1903-December, 1903Oregon Historical Society
History
The quarterly of the Oregon Historical Society, Vol. 4, March, 1903-December, 1903
Oregon Historical Society
Oregon -- History -- Periodicals
The result of these conflicting views of the judges was that in Judge
Nelson's judicial district, composed of Clackamas, Marion, and Linn
counties, and in Judge Strong's district, composed of Clatsop County
and the counties north of the Columbia River, the Iowa Code of 1838,
adopted by the Provisional Government, was held to be in force. Judge
Pratt's district, composed of all the territory west of the Willamette
River, included the counties of Washington, Yamhill, Polk, and Benton,
and in this district the "Chapman Code" of the Revised Code of Iowa
Statutes of 1843, was recognized as the law in force. In the district
of Nelson and Strong, the lawyers would cite the law from the "Little
Blue Book," as the volume of Statutes of Iowa of 1838 was called. In
Judge Pratt's district the same lawyers would quote from the "Big Blue
Book," as the Iowa Code of 1843 was called. There were but three or
four copies of the _little blue book_ in the territory, one of which
was owned by Hon. A. E. Wait. The last time I saw it it was in the
possession of Hon. Benton Killin. There were only two copies of the
_big blue book_ in Oregon and the statutes adopted by the Chapman Code
were not published until the latter part of 1853, when they were
printed by the territorial printer and bound in paper covers. A number
of these printed copies were distributed among the several counties in
the territory, but the uncertainty and doubt as to their validity
made them of little value.
As I said before, Judge Pratt's views of this legal controversy
coincided with those of the legislative assembly, then in session at
Salem, and that body passed an act detaching the counties of Marion
and Linn from the judicial district of Judge Nelson, leaving him only
Clackamas County, in which he resided. In this act it was provided
that the terms of court in Marion and Linn counties should commence
one week earlier than they did under the old law. So Judge Pratt held
court at Salem and Albany under the new law, and a week later in each
county Judge Nelson went to Salem and Albany to hold the district
court under the old law. He found, however, that Judge Pratt had
preceded him, held the courts, and adjourned for the term. Judge
Nelson finding that no business was prepared for hearing before him by
the lawyers, and no jury summoned to try cases, returned somewhat
disgusted to Oregon City, and was soon after relieved by the
appointment of Hon. George H. Williams, as chief justice of the
territory. He went back to his home in New York, where I believe he
still lives [1894.]
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