145 P. 653 | Or. | 1915
Lead Opinion
delivered the opinion of the court. -
The motion is denied. Denied.
Opinion on the Merits
Argued February 16, affirmed March. 2, 1915.
On the Merits.
(146 Pac. 806.)
Department 1, Statement by Mr. Justice McBride.
This is a writ of review by A. D. Russell to revise the action of the County Court of Crook County whereby it ordered an election to be held for the purpose of determining the question of the formation of a new county to be known as “Jefferson County,” to be formed wholly from the territory of Crook County. The petition for the election is regular and sufficient in form, and the order regular upon its face. It is admitted that the vote cast was sufficient to have justified an order declaring the new county of Jefferson legally constituted, unless the objections hereinafter noted shall have rendered the proceedings void. The first objection is that upon the same day the petition for an election to determine the organization of Jefferson County was considered, and the order in question made, there was also presented a petition for an election to determine whether a new county to be
For appellant there was a brief with oral arguments by Mr. M. R. Elliott and Mr. N. C. Wallace.
For respondents there was a brief over the names of Mr. Lewis M. Irving, Mr. William H. Wilson and Mr. Willard H. Wirts, with oral arguments by Mr. Irving and Mr. Wilson.
Mr. Claude C. McColloch, amicus curiae.
delivered the opinion of the court.
Much of the discussion had upon the oral argument and in the briefs was directed to the capacity of the petitioner to bring this proceeding, but, as it involves the validity of the organization of Jefferson County, we prefer to waive these techincal objections and pass upon the main question on its merits.
“There shall be elected in each county, for the term of four years, a county judge, who shall hold the County Court at times to be regulated by law. * * The County Court shall have the jurisdiction pertaining to probate courts, and boards of county commissioners, and such other powers and duties, and such civil jurisdiction not exceeding the amount of value of five hundred dollars, and such criminal jurisdiction not extending to death or imprisonment in the penitentiary, as may be prescribed by law. But the legislative assembly may provide for the election of two commissioners to sit with the county judge whilst transacting county business in any or all of the counties, or may provide a separate board for transacting such business.”
It is contended that the words providing that two commissioners may be elected “to sit with the county judge whilst transacting county business” by implication exclude the idea that the county commissioners can transact any business in his absence. This, in our judgment, is giving too narrow and technical a meaning to the word ‘ ‘ sit, ’ ’ and, in effect, limiting it to the mere physical presence of the two commissioners upon the bench. He would be Jupiter, and they but satellites, and even less, because they would not be authorized to even give light; their function would be to “sit,” Unless they are to have equal authority with the county judge in matter pertaining to their functions, the framers of the Constitution might as well haye provided that the county judge should sit with two joints of stovepipe. We are of the opinion that the word “sit,” as here used, means “to hold court; to preside, or do any act of a judicial nature.” And the words have been so construed: 7 Words & Phrases,
Section 941, L. O. L., provides:
“When in the transaction of county business only two of the persons authorized to hold the court are present, and there shall be a disagreement between them, upon any question or matter before them, the same shall be continued until the next term, or until the third person authorized to sit is present.”
Section 934, L. O. L., provides:
“The County Court is created by the organic law of the state, Article VII, Constitution, and its organization is provided for, and its jurisdiction limited and defined by such organic law, and the provisions of this chapter. The court is held by the county judge, except when county business is being transacted therein, and then it is held by such judge and two commissioners designated by law, or a majority of such persons.”
From these sections we conclude that the County Court, when sitting for the transaction, of county business, may consist of any two of the persons authorized to sit in such court, and that an adjournment from day to day may be ordered by any two of them.
We conclude that the order was regularly made, and that the Circuit Court committed no error in dismissing the writ. Affirmed.
Mr. Chief Justice Moore, Mr. Justice Burnett and • Mr. Justice Benson concur.