before further legislation could take place. As the organic law then stood, it was either all constitution or all stutute. No mode of amendment having been provided, if the organic law was in fact the constitution of Oregon, to amend it would be revolutionary; and unless it could be considered as statutory, and amended or appealed, there was nothing for a legislative committee to do. Under these circumstances it was decided to consider the laws in the light of statutes, and without altering the spirit or intent of that portion which might be understood to be fundamental, to remodel the remainder where they could be improved.
Accordingly on the 27th of June an act was passed "regulating the executive power, the judiciary, and for other purposes." The reader already knows that the expedient of a triumvirate had been adopted, not because it was considered a form of executive power most efficient by the first committee, but to avoid a division by rival candidates which would have defeated the organization. No such necessity now existed; therefore the judiciary act just mentioned vested the gubernatorial power in a single person to be elected at the next annual election, and to hold his office for a term of two years, with a salary of $300 per annum. The legislative power was vested in a house of representatives consisting of thirteen members; nine being thought too few in proportion to the increased population.
By the organic law the judicial power was vested in a supreme court, consisting of a judge and two justices of the peace; and in a probate and justice court. By this peculiar combination of jurisdictions, should a decision be made by a majority, the two justices could overrule the supreme judge, or if a unanimous verdict should be required, a disagreement would defeat any decision. The judiciary act of 1844 vested the judicial power in circuit courts and justices of the peace, and provided for the election of one judge,
