Page:Oregon Historical Quarterly volume 11.djvu/111

On Power to Increase Supreme Court 105 Olney, of the committee on judicial department, submitted a separate proposition, which was read, and on motion of Mr. Olney, ordered to be printed and attached to the article on judi- cial department." On September 14, 1857, the article on judicial department was taken up, on its second reading, and was read throughout, and Mr. Metzger moved to amend sec- tion 20 (now section 21) by striking out the words "term for which I have been elected," and inserting the words "time which I may serve," but the motion was lost. Mr. Kelly moved that the article on judicial department be referred to the committee of the whole, but the motion was withdrawn, and Mr. Chad wick moved to amend section 20 (now section 21) by striking out the words "and for one year thereafter," as they appeared originally in the oath required to be taken by the circuit and supreme judges. As originally framed by the committee, and I think drafted by Judge Boise, the oath read : "I, , do solemnly swear (or affirm) that I will sup- port the constitution of the United States and the constitution of the State of Oregon, and that I will faithfully and impar- tially discharge the duties of a judge of the Supreme Court of said state, according to the best of my ability, and that I will not accept any other office except judicial offices during the term for which I have been elected, and for one year there- after," which motion was agreed to, and these last five words were stricken out. Mr. Metzger thereupon moved to amend section 20 (now section 21) by inserting after the word "supreme" the words "and circuit," which motion was "dis- agreed to," although logically it should have been agreed to in view of the adoption of the last amendment. Mr. Miller moved to amend section 20 (now section 21), line 3, by strik- ing out all after the word "ability," and Mr. Shattuck demanded the previous question, but the convention voted in the negative, and the question recurred upon the adoption of the proposed amendment. The yeas and nays were demanded, and fifteen voted for the amendment, and twenty-five voted in the negative. Grover and Kelly, of the committee on judi-