Page:The History of Oregon Bancroft 1888.djvu/687

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LEGISLATURE AND ELECTIONS.
669

others, having for its object the election of a democratic United States senator in 1870; and further, to recount the gubernatorial vote of 1866, to count out Woods and place Kelly in the office of governor. This return to the practices of the 'political zouaves' of the days of the Salem clique, amounting in this case to revolution, was thwarted by the republican minority under the direction of Woods. In order to carry their points, the democrats endeavored to pro long the session beyond the constitutional forty days, by deferring the general appropriation bill, and did so prolong it to the forty-third day, when fifteen republicans resigned in a body, leaving the house without a quorum, and unable to pass even a bill to pay their per diem. In this dilemma, they demanded that the governor should issue writs of election to make a quorum; but this was refused as unconstitutional after the forty days were passed, and the house, without the power even to adjourn, fell in pieces.[1]

The representative to congress elected in 1866 was Rufus Mallory, republican, who defeated his opponent, James D. Fay, by a majority of six hundred.[2]

In 1868 the republican candidate, David Logan, was beaten by Joseph S. Smith, whose majority was nearly twelve hundred,[3] owing partly to the unpopular standing of Logan even with his own party,[4] as


  1. Or. Jour. House, 1868, 527–54; Wood's Recollections, MS., 35–8.
  2. Rufus Mallory was a native of Coventry, N. Y., born January 10, 1831. He received an academic education, and studied and practised law. He was dist atty in the 1st jud. dist in Oregon in 1800, and in the 3d jud. dist from 1862 to 1866; and was a member of the state leg. in 1862. Congress. Directory, 49th cong. 2d sess., p. 31. James D. Fay married a daughter of Jesse Applegate. His habits were bad, and he committed suicide at Coos Bay. He was talented, erratic, and unprincipled.
  3. Smith came to Oregon in 1847, and preached as a minister of the methodist church. After the gold discoveries and the change in the condition of the country, he abandoned preaching and engaged in the practice of law in 1852. He was in 1864 agent for the Salem Manufacturing Company, in which he was a large stockholder. He is described as a reserved man, not much read in elementary law, but an acute reasoner and subtle disputant. Deady's Scrap-Book, 81.
  4. The federal officers in Oregon in 1868 were: district judge, Matthew P. Deady; marshal, Albert Zeiber; clerk, Ralph Wilcox; collector of the port of Astoria, Alanson Hinman; surveyor-general, Elisha Applegate; register of laud-office, Roseburg, John Kelly (A. R. Flint, receiver); register, Oregon