Page:The History of Oregon Bancroft 1888.djvu/461

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ORGANIZATION OF THE COURTS.
443

met at Salem to draw lots for their terms of office, Boisé and Stratton getting the six years and Wait the four years term, which made him, as holder of the shorter term, by the provisions of the constitution, chief justice. The vacancy created by Deady's appointment was filled by P. P. Prim of Jackson county.[1] Andrew J. Thayer was appointed United States district attorney in place of W. H. Farrar, and Forward continued in the office of marshal until September, when Dolph B. Hannah was appointed in his place. Joseph G. Wilson received the position of clerk of the supreme court,[2] and J. K. Kelly was made attorney for the United States.

The supreme judges not being able to determine whether their decisions would be valid under the act passed by the state legislature before the admission of Oregon, Governor Whiteaker convened the legislature on the 16th of May, which proceeded to complete the state organization and regulate its judiciary. Among the acts passed was one accepting certain propositions made by congress in the bill of admission. By this bill, in addition to the munificent dowry of lands for school and university purposes, the state received ten entire sections of land to aid in completing the public buildings, all the salt springs in the state, not exceeding twelve in number, with six sections of land adjoining each, with five per cent of the net proceeds of the sales of all public lands lying within the state to be applied to internal improvements; in return for which the state agreed that non-residents should not be taxed higher than residents, and the property of the United States not at all; nor should the state in any way interfere with the primary disposal of the soil by the United States, or with any regulations which congress might find necessary for

  1. Prim's Judicial Affairs, MS., 11; Ashland Tidings, June 7, 1878. The district court held its sessions in the methodist church in Jacksonville. Or. Argus, Nov. 22, 1856; Overland Monthly, xiv. 377–81.
  2. Or. Reports, ii. 8–9. Deady made him special U. S. attorney in the spring of 1860.