Page:The History of Oregon Bancroft 1888.djvu/168

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150
ADMINISTRATION OF GAINES.

work, and constitute the manuscript entitled Oregon Archives, from which I have quoted more widely than I should have done had they been in print, thinking thus to preserve the most important information in them. The same legislature which authorized Grover's work, passed an act creating a board of commissioners to prepare a code of laws for the territory,[1] and elected J. K. Kelly, D. R. Bigelow, and R. P. Boise, who were to meet at Salem in February, and proceed to the discharge of their duties, for which they were to receive a per diem of six dollars.[2] In 1862 a new code of civil procedure was prepared by Matthew P. Deady, then United States district judge, A. C. Gibbs, and J. K. Kelly, and passed by the legislature. The work was performed by Judge Deady, who attended the session of the legislature and secured its passage. The same legislature authorized him to prepare a penal code and code of criminal procedure, which he did. This was enacted by the legislature of 1864, which also authorized him to prepare a compilation of all the laws of Oregon then in force, including the codes, in the order and method of a code, which he did, and enriched it with notes containing a history of Oregon legislation. This compilation he repeated in 1874, by authority of the legislature, aided by Lafayette Lane.[3]

Meanwhile the work of organization and nation-making went on, all being conducted by these early legislators with fully as much honesty and intelligence as have been generally displayed by their successors. Three new counties were established and organized at the session of 1850–1, namely: Pacific, on the north side of the Columbia, on the coast; Lane, including

  1. A. C. Gibbs in his notes on Or. Hist., MS., 13, says that he urged the measure and succeeded in getting it through the house. It was supported by Deady, then president of the council; and thus the code system was begun in Oregon with reformed practice and proceedings. At the same time, Thurston, it is said, when in Washington, advised the appointment of commissioners for this purpose, or that the assembly should remain in session long enough to do the work, and promised to secure from congress the money, $6,000, to pay the cost.
  2. Or. Statutes, 1852–3, 57–8; Or. Statesman, Feb. 5, 1853.
  3. See Or. Gen. Laws, 1843–72.