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support the constitution of the United States, and of this state, and also an oath of office.
The members of the Portland Water Committee are not "elected or appointed to an office under the constitution requiring them
§ 4. Lotteries Prohibited.
to take an oath of office": David v. Portland Water Committee, 14 Or. 112, 19 Pac. 174.
Lotteries, and the sale of lottery tickets, for any purpose whatever, are prohibited, and the legislative assembly shall prevent the same by penal laws.
$ 5. Property of Married Women.
The property and pecuniary rights of every married woman, at the time of marriage, or afterward acquired by gift, devise, or inheritance, shall not be subject to the debts or contracts of the husband; and laws shall be passed providing for the registration of the wife's separate property.
PROPERTY OF MARRIED WOMEN.Whatever property a woman has at the time of her marriage or afterward acquires by gift, devise, or inheritance remains hers until she, by her own consent expressed or implied, parts with it: Brummet v. Weaver, 2 Or. 173; Velten v. Carmack, 23 Or. 287, 31 Pac. 658; Rugh v. Ottenheimer, 6 Or. 231, 25 Am. Rep. 513; Besser v. Joyce, 9 Or. 310, 34 Am. Rep. 581. Such property is by the constitution the separate property of the wife: Rugh v. Ottenheimer, supra: Starr v. Hamilton, 1 Deady 272; Stubblefield v. Menzies, 8 Saw. 41, 11 Fed. 273. In Starr v. Hamilton the proposition is declared by Judge Deady to be the law "so far at least as a third person is concerned," but in Stubblefield v. Menzies the learned judge held the proposition correct without the qualification suggested in Starr v. Hamilton. This provision of the constitution does not affect the rights vested in
$ 6. New Counties.
the husband before the constitution took effect: Starr v. Hamilton, 1 Deady, 274; nor has it any application to property acquired not by the wife alone but jointly with her husband: Meyers v. Reed, 17 Fed. 402.
The protection given by this provision of the constitution to the property of married women extends as well to those who were married before the constitution was adopted as to those who married afterwards: Rugh v. Ottenheimer, 6 Or. 231. But see the case of Starr v. Hamilton, 1 Deady, 272; Stubblefield v. Menzies, 8 Saw. 41, 11 Fed. 272.
CONTRACT BETWEEN HUSBAND AND WIFE.-The statutory provision in relation to the property of married women did not abrogate the common-law rule that husband and wife are incapable of entering into contracts with each other: Pitman v. Pitman, 4 Or. 289; Elfelt v. Hinch, 5 Or. 255.
No county shall be reduced to an area of less than four hundred square miles; nor shall any new county be established in this state containing a less area, nor unless such new county shall contain a population of at least twelve hundred inhabitants.
7. No Officers to Receive Fee in What Cases.
No state officers or members of the legislative assembly shall directly or indirectly receive a fee, or be engaged as counsel, agent, or attorney in the prosecution of any claim against this state.
§ 8. Chinamen Not to Hold Real Estate or Work Mining Claims.
No Chinaman, not a resident of the state at the adoption of this constitution, shall ever hold any real estate or mining claim, or work any mining claim therein.
The legislative assembly shall provide by law in the most effectual manner for carrying out the above provision.
§ 1. Boundaries of State.
In order that the boundaries of the state may be known and established, it is hereby ordained and declared that the state of Oregon shall be bounded as follows, to wit:
Beginning one marine league at sea, due west from the point where the forty-second parallel of north latitude intersects the same; thence northerly at the same distance from the line of the coast lying west and opposite the state, including all islands within the jurisdiction of the United States to a point due west and opposite the middle of the north ship-channel of the Columbia river; thence easterly to and up the middle channel of said river, and when it is divided by islands, up the middle of the widest channel thereof, and in like manner up the middle of the main channel of Snake river to the mouth of the Owyhee river; thence due south to the parallel of latitude forty-two degrees north; thence west along said parallel to the place of beginning, including jurisdiction in civil and criminal cases upon the Columbia river and Snake river, concurrently with states and territories of which those rivers form a boundary in common with this state. But the congress of the United States, in providing for the admission of this state into the Union, may make the said northern boundary conform to the act creating the territory of Washington.
BOUNDARIES.-The north boundary of the state, as provided by the constitution, was changed by the act of congress admitting the state, by substituting for the words "and in like manner up the middle of the main channel of Snake river" the words "to a point near Fort Walla Walla
where the 46th parallel of north latitude crosses said river; thence east on said parallel to the middle of the main channel of the Shoshone or Snake river; thence up the middle of the main channel of said river": See act of admission, § 1.
§ 1. Amendments to Constitution, how Made.
Any amendment or amendments to this constitution may be proposed in either branch of the legislative assembly, and if the same shall be agreed to by a majority of all the members elected to each of the two houses, such proposed amendment or amendments shall, with the yeas and nays thereon, be entered on their journals, and referred to the legislative assembly to be chosen at the next general election; and if, in the legislative assembly so next chosen, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the legislative assembly to submit such amendment or amendments to the electors of the state, and cause the same to be published without delay at least four consecutive weeks in several newspapers published in this state;
and if a majority of said electors shall ratify the same, such amendment or amendments shall become a part of this constitution.
§ 2. Two or More Amendments Submitted.
If two or more amendments shall be submitted in such manner that the electors shall vote for or against each of such amendments separately, and while an amendment or amendments which shall have been agreed upon by one legislative assembly shall be awaiting the action of a legislative assembly, or of the electors, no additional amendment or amendments shall be proposed.
$ 1. Election for Acceptance or Rejection of the Constitution.
For the purpose of taking the vote of the electors of the state for the acceptance or rejection of this constitution, an election shall be held on the second Monday of November, in the year 1857, to be conducted according to existing laws regulating the election of delegate in congress, so far as applicable, except as herein otherwise provided.
Each elector who offers to vote upon this constitution shall be asked by the judges of election this question:
Do you vote for the constitution-yes, or no?
And also this question:
Do you vote for slavery in Oregon-yes, or no?
And also this question:
Do you vote for free negroes in Oregon-yes, or no?
And in the poll-books shall be columns headed respectively, "constitution, yes"; "constitution, no"; "free negroes, yes"; "free negroes, no"; "slavery, yes"; "slavery, no."
And the names of the electors shall be entered in the poll-books, together with their answers to the said questions, under their appropriate heads. The abstracts of the votes transmitted to the secretary of the territory shall be publicly opened and canvassed by the governor and secretary, or by either of them, in the absence of the other; and the governor, or in his absence the secretary, shall forthwith issue his proclamation, and publish the same in the several newspapers printed in this state, declaring the result of the said election upon each of said questions.
PROCLAMATION OF THE GOVERNOR. the said territory on the ninth day of -Following is the proclamation:
Whereas, The people of the territory of Oregon, through their delegates in congress assembled, prepared a constitution for their government under a state organization, and submitted the same, with certain propositions, to be approved and determined at an election which was held in
November, A. D. 1857, in conformity to the provisions made by said convention of delegates; and
Whereas, It was provided further by said convention of delegates, that the result of said election should be announced by executive proclamation:
Therefore, To that end it is hereby de
clared and made known that at the said election, held on the ninth day of November, A. D. 1857, there were 7,195 votes given for the adoption of the said constitution, and 3,195 votes against its adoption; there were 2,645 votes given in favor of slavery, and 7,727 votes against slavery; and there were given 1,081 votes in favor of permitting the residence of free negroes, and 8,040 votes against the same.
In testimony whereof, I have hereunto set my official signature and caused the seal of the territory to be affixed, at Salem, this fourteenth day of December, A. D. 1857. By the governor: GEORGE L. CURRY. B. F. HARDING.
December 9, 1857.
§ 3. When Constitution to be Deemed Accepted or Rejected.
If a majority of all the votes given for and against the constitution shall be given for the constitution, then this constitution shall be deemed to be approved and accepted by the electors of the state, and shall take effect accordingly; and if a majority of such votes shall be given against the constitution, then this constitution shall be deemed to be rejected by the electors of the state, and shall be void.
$ 4. Vote on Certain Sections of Constitution.
If this constitution shall be accepted by the electors, and a majority of all the votes given for and against slavery shall be given for slavery, then the following section shall be added to the bill of rights, and shall be part of this constitution:
"g. Persons lawfully held as slaves in any state, territory, or district of the United States, under the laws thereof, may be brought into this state; and such slaves and their descendants may be held as slaves within this state, and shall not be emancipated without the consent of their owners."
And if a majority of such votes shall be given against slavery, then the foregoing section shall not, but the following section shall, be added to the bill of rights, and shall be a part of this constitution:
"There shall be neither slavery nor involuntary servitude in the state, otherwise than as a punishment for crime, whereof the party shall have been duly convicted."
And if a majority of all the votes given for and against free negroes shall be given against free negroes, then the following section shall be added to the bill of rights, and shall be a part of this constitution:
"No free negro or mulatto, not residing in this state at the time of the adoption of this constitution, shall come, reside, or be within this state, or hold any real estate, or make any contracts, or maintain any suit therein; and the legislative assembly shall provide by penal laws for the removal by public officers of all such negroes and mulattoes, and for their effectual exclusion from the state, and for the punishment of persons who shall bring them into the state, or employ or harbor them."
§ 5. Apportionment of Senators and Representatives.
Until an enumeration of the white inhabitants of the state shall be made, and the senators and representatives apportioned as directed in the constitution, the county of Marion shall have two senators and four representatives; Lane, two senators and three representatives; Clackamas and
Wasco, one senator jointly, and Clackamas three representatives, and Wasco one representative; Yamhill, one senator and two representatives; Polk, one senator and two representatives; Benton, one senator and two representatives; Multnomah, one senator and two representatives; Washington, Columbia, Clatsop, and Tillamook, one senator jointly, and Washington one representative, and Washington and Columbia one representative jointly, and Clatsop and Tillamook one representative jointly; Douglas, one senator and two representatives; Jackson, one senator and three representatives; Josephine, one senator and one representative; Umpqua, Coos, and Curry, one senator jointly, and Umpqua one representative, and Coos and Curry one. representative jointly.
§ 6. Election Under Constitution and Organization of State.
If this constitution shall be ratified, an election shall be held on the first Monday in June, 1858, for the election of members of the legislative assembly, a representative in congress, and state and county officers; and the legislative assembly shall convene at the capital on the first Monday of July, 1858, and proceed to elect two senators in congress, and make such further provision as may be necessary to the complete organization of a state government.
$ 7. Former Laws in Force.
All laws in force in the territory of Oregon when this constitution takes effect, and consistent therewith, shall continue in force until altered or repealed.
When the state government superseded the territorial government, the laws of the territory were continued in force until the code took effect, June 1, 1863; and all sheriff's deeds whether made under execution issued by the district, circuit or county courts, were required to be submitted to the circuit court of the state for confirmation: Wright v. Young, 6 Or. 87.
Art. VIII, § 5, of the constitution, created the board of commissioners for the sale of
school lands and authorized provision by law for carrying out the duties of such commission. No law, however, was passed authorizing said board to make sale execute deeds for school lands until 1864. A deed, therefore, executed under the old territorial law by the county superintendent in 1860 is valid, by virtue of this section of the constitution: Salem Imp. Co. v. McCourt, 26 Or. 102.
§ 8. Officers to Continue in Office.
All officers of the territory of Oregon, or under its laws, when this constitution takes effect, shall continue in office until superseded by the state authorities.
The office of county school superintendent, created before the adoption of the constitution, was continued by virtue of this section: Stevens v. Carter, 27 Or. 560, 40 Pac. 1074.
$9. Crimes Against Territory.
Crimes and misdemeanors committed against the territory of Oregon shall be punished by the state as they might have been punished by the territory if the change of government had not been made.