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
I have referred to this almost forgotten history of the early days of
the territorial government of Oregon to show the necessity that
existed for a revision of the statutory laws of the territory. The
uncertainty as to what laws were then in force, and the desire to be
relieved from this condition of affairs was the principal reason which
induced the legislative assembly to pass the act of January, 1853,
providing for the election by that body of three commissioners to
prepare a draft for a code of laws, to be submitted to the next
legislature. In pursuance of this act, the legislative assembly
elected the following commissioners in the order named: James K.
Kelly, of Clackamas County, Reuben P. Boise, of Polk County, and
Daniel R. Bigelow, of Thurston County.
Being first elected, I acted as chairman of the board, and notified
the other commissioners of the time of our first meeting, which took
place some time in March, 1853. We met in the council chamber of the
legislative building, where all our subsequent meetings were held.
The first two or three days were occupied in discussing the general
outline of our duties and the kind of code to be prepared. By common
consent we agreed to accept the New York code of practice as the basis
of our own, but with a notable exception in regard to proceedings in
equity. Mr. Bigelow strongly insisted upon having no separate court of
equity or of equity proceedings, but urged that we should follow the
example of California in this respect. Mr. Boise and I differed from
Mr. Bigelow. We contended that in the organic act of August 14, 1848,
a separate system of equity proceedings was contemplated, wherein it
is provided that "each district court or judge thereof shall appoint
its clerk, _who shall be the register in chancery_": Act, August 14,
1848, § 9.
That it was so understood by the members of the first legislative
assembly appears by the act of September 14, 1849, directing the mode
of proceedings in chancery: See Hamilton Laws.
The system of equity jurisprudence and proceedings in equity adopted
by the first code commissioners has now prevailed in Oregon for forty
years, and during all that time I think has met the approbation of
both bench and the bar.
Another thing agreed upon by the commissioners was that the code
should be prepared so that it might be adopted by the legislative
assembly in several acts instead of one, as was done in the Chapman
Code in 1850. This was done in order to comply with the provisions of
the organic law, which required that every act should embrace but one
object.
These preliminaries being settled it was agreed that each commissioner
should take one subject and prepare the draft for an act upon that
particular branch of the law. During the preparation of these drafts
the commissioners held frequent consultations, as often as once or
twice a week, to discuss and agree upon the proper phraseology to be
adopted, or arrangement of subject-matter in the proposed act.
Public-domain text, read in full here on John Shaqi.
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