USA > Oregon > The Oregon native son, 1900-1901 > Part 59
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While the Cayuse war was being carried on in the interior, the Indians of the Willamette valley, aware of the necessary absence of so many adult males, had upon several occasions manifested a dis- position to take an advantage of such condition of affairs, and alarmed the weak and remote settle- ments by insolent conduct and predatory acts. For- tunately for the settlers, the attention of these Indians was diverted from sympathizing or giving possible assistance to the Cayuses by reason of an epidemic of measles breaking out among them, and before the pestilence abated, whole villages were swept away by its ravages, their death song being heard from sun to sun as the disease told upon their numbers. Through this source the quiet of the valley was assured for all time, in so far as conflict with the Indians is concerned.
The discovery of gold in California in 1848, shortly after the suspension of hostilities, caused great excitement, and nearly all the male popula- tion left for the gold fields, and when the time of meeting of the legislature came to hand on De- cember 5, it was found that there was not a quorum present. A few days' delay brought in a sufficient number to organize, but no new members hav- ing been elected, it was deemed advisable to ad- journ on the 13th to February 5, 1849. On that date the legislature again convened, the member- chip being swelled by the return of absentees and the election of new members. Both of these ses- sions were held in the Cliff House. This was the last session of the provisional government legisla- ture, continuing until the following 11th, when it adjourned. During the session an attempt was made to remove the capital "to Salem in Champoeg county," but the scheme failed. The work of the pioneer in maintaining a government and saving to the United States a tract of territory which has since been divided into four great states was done, and territorial government assumed the reins.
During this session an act was passed providing for the coinage of gold into $5 and Sio-pieces, but before anything could be done toward carrying
Cronise photo. REP. D. M. WATSON.
Cronise photo. REP. A. B. THOMPSON. An Oregonian.
Cronise photo. REP. GEO. J. BARRETT.
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OREGON NATIVE SON.
Cronise photo, REP. O. E. EDSON.
Cronise photo. REP. W. H. INGRAM. A Pioneer of 1952.
Cronise photo. REP. H. A. SMITH.
out the endeavor the territorial government suc- ceeded and the act became inoperative. The project was, however, carried out by private individuals, the coinage being known as "beaver money."
Two weeks after the adjournment of the pro- visional government legislature, Joseph Lane, who had been appointed governor by President Polk, under act of congress of August 14, 1848, entitled "an act to establish the territorial government of Oregon," arrived and lost no time in setting the wheels of the new government in motion, his proc- lamation being issued on March 3, 1849. This act passed the house of representatives on August 2, but the senate did not concur in the measure until the 13th, Sunday morning, after an all-night session. The bill received the approval of the president the following day.
The first territorial legislature met July 16, 1849, at Oregon City. It was in session for 76 days. The upper house was called the council, and the lower, house of representatives, and all together, the as- sembly. The session of 1848 was held in a building which now forms the rear portion of the Cliff House, and the session of 1850-51 is said to have been at Linn City, a town then across the river opposite Oregon City, but washed away by the flood of 1861. The meeting place was in a building subsequently used as a hotel building by J. B. Price.
During the session of 1850-51 the territorial leg- islative assembly passed "an act to provide for the selection of places for the location and erection of public buildings of the territory of Oregon." This bill was called the "omnibus bill," because of its many sections, embracing several purposes relative to the location of buildings. Salem was to be the capital, Portland have the penitentiary, and Marys- ville, now Corvallis, the territorial university. This act passed February 1, 1851.
The opponents of the bill claimed that its title did not conform to the law as expressed in the organic act, and therefore a violation of such act. Governor Gaines placed the same contsruction upon the bill, and declared it a nullity. To his dissent the assembly replied, not by passing the bill over his veto, but by adopting a resolution pro- viding for the annual sessions of the assembly "to
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THE CAPITOL OF OREGON.
be held on the first Monday in December at the seat of government." On that date, following, all the members of the council except one, and all of the house except four assembled at Salem, organ- ized and settled down to business. This session 1851-52 was held in the old Oregon Institute build- ing, the two large front rooms being surrendered for that purpose. School, however, was still con- tinued in other rooms in the building. The south room was occupied by the council and the north one by the house. The Oregon City contingent repaired there, meeting in the territorial library rooms. The sole member of the upper branch organized a council of one; the four constituting the house also organized, but when one of its members obtained leave of absence, the others adjourned sine die. "The late two presiding officers pro tem.," however, drafted and signed in their official capacity a me- morial to congress praying that body for various enactments by it for the benefit of Oregon.
The matter being referred to congress, it declared Salem to be the seat of government, and approved the laws passed there. The president signed the measure May 4, 1852, and Oregon City was no longer the capital. In July, 1852, a special session was called, organizing on the 26th, and adjourned on the 29th, transacting no business. This seems to have been done to spite Governor Gaines, who had called them together. The session was held in the Wm. H. Rector building, then standing opposite the Willamette hotel, but now destroyed. The house of representatives met on the second floor of this structure and the council on the lower floor. At the regular session convening in December following, the house of representatives met in the J. W. Nes- mith building, using the lower floor as an assem- bly hall. This building stood opposite to the site of the Salem flouring mills. Subsequently it was removed to another location in the city, where it stood for some years, when it caught on fire and was burned down.
From this session of 1852 until that of 1860, all sessions of the house of representatives convened in the lower story of the Nesmith block, and the council met in the Rector building. One of the laws enacted at the session of 1852-53 was a divorce
REP. GEORGE MILLER. An Oregonian.
Cronise photo. REP. LOT L. PEARCE. An Oregonian.
REP. E. F. LAMSON. An Oregonian.
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OREGON NATIVE SON.
REP. C. B. MONTAGUE. A Pioneer of IS58.
Cronise photo. REP. T. J. KIRK. A Pioneer of 1846.
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REP. JOHN A. TALBERT. A Pioneer of 1852.
law, the first one passed in the territory. Prior to this time those who desired to have their matri- monial bonds severed were required to apply to the legislative assembly for the enactment of a measure to that effect. The law passed gave the courts jurisdiction in such matters. At this session a memorial to congress was adopted urging the di- to be named "Columbia," on the north bank of the Columbia river. On the 8th of February congress took up the matter, and on March 2 the president approved the bill passed to that effect, except that the new territory was by the bill passed to be called Washington instead of Columbia.
In the early part of the session of 1853-54 the legislature was notified that the appropriation of $50,000 made by congress for the erection of pub- lic buildings was available, and steps were taken to build a statehouse as quickly as possible, the work thereon beginning in 1854, the site selected being that upon which the present statehouse is now lo- cated. Before the building was completed the ap- propriation was exhausted, and the work stopped, but had gone far enough to admit of meeting there- in at the next session. The law estalbishing a mil- itia was enacted, as well as the first attempt made looking to the admission of Oregon as a state, a bill being passed providing for submitting to the vote of the people the propriety of holding a con- vention to frame a constitution. This measure was submitted to the people at the next election, but was defeated by popular vote. At the general elec- tion held in 1854 the prohibition party, then called the Maine-law party, first placed candidates in the field.
The session of 1854-55 was held in the uncom- ›leted statehouse, and among the acts passed was 'ne in which voting viva voce was substituted for oting by ballot. For several years thereafter the name of each candidate for office that the electors voted for was cried aloud, and every one knew how those promising to vote for him cast their ballot. Another measure passed provided for the removal of the seat of government to Corvallis, the assembly to meet there the following year. The governor and secretary of state not long afterwards went to the new capital, the state printer soon following
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with his plant, going up the river in April on the Canemah, the first steamboat to ascend the river as far as the new seat of government.
In a few weeks notice was received from the treasury department at Washington that the re- location act was without force or effect until it had received congressional approval; that government monies appropriated could not be expended at any place except Salem, and that no mileage or per diem should be paid to legislators meeting at an- other locality. The officials returned to Salem, and work was in a little time resumed on public build- ings. As a compromise, it was agreed to meet in Corvallis in 1855-56, and then adjourn to Salem, but the friends of Corvallis hoped to secure con- gressional sanction to the act making it the capital before another could be passed repealing it. They offered an absolute deed to properties for capital purposes, a donation made by J. C. Avery, one of the founders of the place, and took other steps to secure their aims, but congress did not act. The property upon which the Salem building stood had a provisory clause therein. The majority believed in a sure thing, and were inclined towards Corvallis. Upon the assembling of the assembly the state of affairs was learned, and believing that the tide of opinion could be turned if an absolute deed to the Salem property could be secured, L. F. Grover, who was the leader of the Salem faction, quietly secured a fleet horse and traveled to the latter place by night, awoke W. H. Willson and wife, who had given the provisional deed, and stated to them that they must make the transfer absolute or Corvallis would win. They, therefore, lost no time in exe- cuting the desired instrument, and before morning the traveler was again at the seat of government and ready for business.
The assembly convened on December 5, 1855, and on the 6th Mr. Grover introduced a bill re- locating the capitol at Salem, the deed he had in hand bringing to him wavering votes enough to pass the measure. It became a law on the 12th, but was not to go into effect until the 15th. The body then adjourned to meet in Salem, where it resumed business on the 18th in the statehouse, which, during holiday recess, was fired by an in-
Cronise photo. REP. GEO. W. COLVIG. A Pioneer of Ist8.
Moore photo. REP. F. A. HEITKEMPER .
Crouise photo. REP. MATHEW STEWART.
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OREGON NATIVE SON.
Cronise photo. REP. ISAAC M. SIMPSON. An Oregonian.
Cronise photo. REP. A. S. DRESSER.
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Cronise photo. REP. M. E. THOMPSON.
cendiary on the 28th and was destroyed. After the holidays the legislature resumed its deliberations in the Nesmith and Rector buildings as formerly, con- tinuing therein until adjournment. From the time of the burning of the old statehouse until 1876, when the present statehouse was sufficiently com- pleted to admit of its occupation, the executive offices were located and legislative sessions held in rented buildings. There were but two bills passed at Corvallis, the first being to reimburse the heirs of Ewing Young for monies used in 18;1, and the second, the relocation bill.
After the return to Salem an act was passed pro- viding for the submission of the capital question to. a vote of the people, and at the June election of 1856 this was taken. Eugene received 2,627 votes, a plurality ; Corvalis, 2,327 ; Salem, 2,101, and Port- land, 1, 154 votes. The bill requiring that the place selected should receive a clear majority, and as no place voted for had done so, a new election was ordered, the two receiving the highest vote at the first election to be the locations eligible to selection. The question had ceased to be one of great interest to the majority of the people, and in many counties no vote was cast, and, strange to relate, Marion county, in which Salem is situate, was among them.
At this special election the voters did not cast their ballots as provided for in the bill, voting for three places instead of two. The votecast was Eugene 2,559-Salem 444, and Corvallis 318 votes. Al- though Eugene had received a large majority, yet no regard was paid to the verdict as expressed. The supreme court, the territorial officials and its legislative assembly ignoring the law providing for the vote and the vote itself, and Salem continued to be the capital.
The most important bill passed at the session of 1856-57 was one providing for the holding of a constitutional convention in August, 1857, to form a state constitution, should the popular vote in June be in favor thereof. The June election came to hand, and the question of a constitutional conven- tion was decided in the affirmative. The conven- tion met at Salem on August 17th in the old court- house and framed a constitution, and it was ordered
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Cronise photo. HOLMAN BLOCK, SALEM. Used as a State House by the State Government from 1860 to 1876.
Courtesy "Corvallis Gazette."
AVERY BUILDING, CORVALLIS.
Used as a State House by the Territorial Government in 1855.
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Cronise photo. LEVI B. REEDER. Speaker of the House.
Cronise photo. SEN. J. W. MORROW.
Cronise photo. SEN. JAS. E. HUNT.
that, should it be ratified by the people, an election should be held on the first Monday in June, 1858, for choosing the state legislature, a representative to congress, and state and county officers ; and that the legislature should convene at the capitol on the Ist. Monday in July following, and proceed to elect two United States senators, making also such further provision as should be necessary to com- plete the organization of a state government No- vember 9, 1857, was fixed as the date upon which the people should vote upon the ratification of the constitution, and at such time it was adopted.
In compliance with this requirement, the newly- .
elected legislature convened on July 5, remaining in session four days, meeting in the usual housing, when it proceeded to elect the first United States senators from Oregon, these being Joseph Lane and Delazon Smith. On the 8th John Whitaker, the first state governor, took the oath of office. But very little other business was transacted, an ad- journment being taken on the 9th until September 13 following, the date fixed by the constitution as the time for the meeting of the first regular ses- sion. For several weeks before efforts had been made to discourage the assembling of the legisla- ture. The special session had adjourned but little more than two months previously simply because, in the absence of statehood, it could do nothing that would be binding. As the principal opposition to the session came from Salem, a number of persons conceived it to be a trick to get the capitol located by default at Salem. Article 14, of the constitution, provides that "at the first regular session after the adoption of this constitution, the legislative as- sembly shall provide by law for the submission to the electors of this state at the next general elec- tion thereafter, the matter of the selection of a place for a permanent seat of government." This being the first session after the adoption of the constitu- tion by the electors, it was argued by the oppo- nents of the Salem "clique" that failure to enact the legislation commanded by the constitution would forever make Salem the capital without giving other towns an opportunity to fight for the honor. This fear proved to be groundless, for the legis- lature of 1860, the first regular session after admis-
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sion, passed the necessary laws for the submission of the capital question to the people, and it was finally settled in favor of Salem at the election of 1864.
Matters became decidedly muddled as the time approached for the holding of the session of Sep- tember. It was urged by one prominent party leader that "state organization should be gone into, and no back step taken." The Oregon Statesman had the good sense to discountenance this revolu- tionary advice, and called upon the "time-honored and reliable democracy" to stay away from Salem and not impose upon the people the expense of a useless session. It was only natural, in view of the contrarity of advice, that a number of legislators should assemble at Salem and that they should not know what to do, the most of them going being members of the house. The representatives re- paired to the Nesmith building, expecting that it would be as before prepared for a session, but in this they were mistaken. The representative hall was in a disordered condition, it having been re- peatedly rented to theatrical companies, and no one could remember when it was last cleaned. Desks were piled in corners; furniture and carpets re- moved, and the floor strewn with concert pro- grammes and other rubbish. There were two forms of government-a territorial and a state. Both were holding on to prevent chaos until the time of succession should arrive. The building was not opened all day. The territorial secretary and the secretary of state both declined to unlock the doors. Shortly after 2 o'clock eleven members, of whom T. J. Dryer, of Portland, was the leader, kicked in the door and made their way into the hall. The speaker rapped for order and the clerk called the roll. Then the house adjourned until the next morning, when it worked itself into a white heat over a resolution offered directing the sergeant-at- arms to "invite in the pleasantest manner possible the absent members to come in and take their seats." Rather than descend to Chesterfieldan methods to effect a quorum, the house, by a vote of 7 to 3, adjourned sine die, after having been in session two legislative days. This session marks the first legislative "hold up" in Oregon.
Cronise photo. SEN. J. N. WILLIAMSON. An Oregonian.
Cronise photo. SEN. WILLIAM SMITH.
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Cronise photo. SEN. P. R KELLY.
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OREGON NATIVE SON.
Cronise photo. SEN. THEDORIC CAMERON. A Pioneer of 1852.
Cronise photo. SEN. JUSTUS WADE.
Cronise photo. SEN. JOHN H. DALY.
As Oregon was not yet a state and legislation was needed, the territorial assembly, which had been elected at the same time as the state legislature to provide against the contingency which had arisen, met as usual in December, 1858. But little busi- ness was transacted during the time, and an ad- journment was taken on January 22, 1859. This closed the work of the territorial legislature. Among other bills passed were thirty - two granting di- vorces to mismated couples.
Oregon was admitted to statehood February 14, 1859, and a special session of the state legislature was called to meet May 16 following. This was the first special session under the state regime. But little was done at the session. It lasted from the date of meeting to June 4 following.
The first regular state legislature began Septem- ber 10, 1860, and ended October 19 of the same year. This was held in a building owned by Joseph Holman, the senate meeting in the west wing and the house in the north wing. All sessions thereafter were held in this building until 1876, when the present statehouse was sufficiently completed to admit of it being occupied. During the night of the second day six senators left the capital to pre- vent the election of United States senators. The house had organized the first day, but not so the senate. Without a quorum being present, the senators attending elected a president, and then is- sued process for the arrest of the absentees. The fugitive senators avoided arrest, eluding all efforts to find them. During their absence of nine days, the two houses had met in joint convention, but failed to elect, and on the tenth day practically adjourned to await developments on the 20th. The governor, through earnest appeal, called them to- gether again on the 24th. On that day they assem- bled and continued in session until October 19. On October I they began balloting for United States senators, and after seventeen unsuccessful ballots were taken, a coalition was formed and a majority obtained. This might be called a second "hold up."
The session of 1862 began September 8 and ad- journed October 17. Little of note was done dur- ing its continuance to disorganize Umpqua county
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and attaching it to that of Douglas county. The names of counties had previously been changed, but this was the first and only instance thus far in the history of Oregon where a county organiza- tion has ceased to exist from any cause. The ses- sion of 1864 to and including 1882 all convened on the first Monday in September, adjourning some- time in October.
From 1885 to the present date the sessions have begun on the second Tuesday of January. Forty days are given the legislature to complete its labors.
In 1865 a special session was called for the pur- pose of considering the thirteenth amendment to . the constitution of the United States. This was duly ratified. In 1886 the legislature balloted from day to day for United States senator without mak- ing a choice until the latter hours of the session. This was also the case with the sessions of 1873 and 1883, in the latter year an election taking place in the last moments of the session. During the ses- sion of 1885 balloting was prolonged throughout the session without a choice being made. This, in the judgment of the governor, necessitated the call- ing of a special session in November following, when an agreement was made and a new candidate elected.
At the session of 1897 the senate organized, re- mained in session forty days, and then adjourned. The members of the house met and effected a tem- porary organization. On assembling for perma- nent organization, no quorum was present. It then developed that it was divided into two factions, neither of which would answer roll call when the other was present. Neither faction had sufficient members to constitute a quorum, but both of them had a set of officers. One faction attempted to transact business, but their organization and acts were not recognized by the senate. After remain- ing at the capitol for forty-five days, five days longer than the time provided for holding sessions of the legislature, the members of both factions disbanded and returned to their homes. During the time the senate transacted such business as did not require the concurrence of the house. In conse- quence of this failure to elect, the governor called a special session. This met on September 26, and
Cronise photo. SEN. JACOB CLEM.
Cronise photo. SEN. B. F. MULKEY.
Cronise photo. SEN. S. E. JOSEPHI.
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OREGON NATIVE SON.
Cronise photo. SEN. W. H. WEHRUNG. An Oregonian.
Cronise photo. SEN. T. M. DIMMICK. A Pioneer of 1853.
Cronise photo. SEN. W. TYLER SMITH.
adjourned October 15, during which time the honors of senatorship were conferred upon a new candidate.
During the session of 1901, just closed, the ballot- ing for United States senator was prolonged from day to day until the last moments of the session, the choice made being a gentleman who was placed in nomination but a few minutes previously.
The only person serving in the provisional, ter- ritorial and state government legislatures was Samuel Parker, beginning his carer as a lawmaker at the last session of the provisional government legislature, 1848-49, and ending it with the session of the state legislature of 1860. F. X. Matthieu, one of the immortal fifty-two who voted at the Cham- poeg meeting of May 2, 1842, did not again enter the political arena again until in 1874 and 1878, when he became a member of the house. The youngest member elected to either branch of the legislature was Johan E. Young, representative from Clatsop county in 1899. He was a native-born Oregonian. Joseph Simon has so far served more years in the legislature than any other person elected thereto. He was state senator for seventen years from Multnomah county. The first Oregon boy
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