Page:Oregon Historical Quarterly volume 11.djvu/115

On Power to Increase Supreme Court 109 her of the committee on judicial department in relation to a Supreme Court separate from Circuit Courts." (See page 74, journal.) The yeas and nays being ordered, the vote upon the adoption of this section (now section 10) resulted in thirty for and nine against its adoption. Boise, Grover, Kelly, Shat- tuck and Williams voted for the section, and Judge Deady, the president of the convention, against it. Logan, Olney and Prim were absent, as they are not recorded as voting. This section is the identical one submitted by Mr. Olney and, upon the order of the convention, "printed and attached to the article on judicial department." It is fair to assume that it was written by Judge Olney, who was, as is well known, a justice of the Supreme Court, appointed in 1853, re-appointed, and who resigned in 1858, and who sat with Williams as chief justice, and with Matthew P. Deady as associate justice. Judge Olney was succeeded by Reuben P. Boise as associate justice. Judge Olney was very conversant with the organi- zation of the territorial Supreme Court and the judiciary and the public need at that time, and it may be presumed that he anticipated the future and had fully in mind the time when the Supreme Court would be chosen in a distinct class, and when the justices would not perform circuit duty. Following the adoption of section 10, then unnumbered — Mr. Kelly moved to amend section 14 (now section 15) by adding the following: "But whenever the number of voters in any county shall exceed twelve hundred, the legislative assembly may authorize the election of one person as clerk of the Circuit Court, one person as clerk of the county court, and one person as recorder of conveyances," and this motion was adopted. Mr. Boise moved to amend section 19 by adding the following: "The judges of the Supreme Court shall not, during the term for which they are elected, be eligible to any office within the gift of this state or the United States, except judicial offices;" but the motion was not agreed to. Mr. Farrar moved to amend section 10 (now section 11), line I, by striking out the word "four" and inserting the word "two"