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THE SUPREME COURT OF OREGON
The constitution of Oregon, as adopted by the people
in 1858 and ratified by congress in 1859, provided that until the
population should reach one hundred thousand, circuit judges for the
several judicial districts should meet annually, or oftener if
necessary, at the state capitol and hold supreme court, the judge whose
decision was being reviewed not sitting as a supreme judge in each
instance. On account of this provision it happens that during the early
history of Oregon there were more judges upon the supreme bench than
during the more recent years. In the year 1878 an act, as contemplated
in the constitution, providing for the election of supreme and circuit
judges in distinct classes, was duly passed, and from that date to the
present time the supreme court has consisted of three justices, duly
elected by the people and serving in that capacity only, the circuit and
supreme courts being separate and distinct. The constitution designated
the senior judge, or the one whose term is next to expire, as the chief
justice at any particular period of time; thus, the office of chief
justice rotates at each biennial election, so that in the case of a
justice being reelected he serves in the capacity of associate justice
four years and in the capacity of chief justice two years, the term for
which each supreme judge is elected being six years. There have now been
printed thirty-one volumes of the Oregon supreme court reports, or the
written decisions of the chief and associate justices of the supreme
court of Oregon. The records regarding the reporting of these books are
somewhat indefinite, but appear to be about as follows:
From 1853 to 1870 Judge Joseph G. Wilson, serving part
of the time as judge of the supreme court and part of the time as
clerk, reported the principal decisions in three volumes, being volumes
I, II and III. From 1870 to 1880, Mr. C. B. Bellinger was clerk of the
supreme court, and reported volumes IV, V, VI, VII and VIII. From 1880
to 1884, Mr. T. B. Odeneal reported volumes IX, X and XI. Mr. J. A.
Stratton became clerk of the supreme court in 1884, continuing until
1887, during which time he reported volumes XII, XIII and XIV. Mr. W. H.
Holmes reported volumes XV, XVI and XVII, covering the period from 1887
to 1889. In 1889 a law was passed enlarging the powers and duties of
the supreme court and imposing upon the chief justice the duty of
reporting the decisions of the court. It thus happens that during the
years 1889 and 1890 Chief Justice W. W. Thayer and Chief Justice R. S.
Strahan reported, respectively, volumes XVIII and XIX of the Oregon
supreme court reports. In 1891 the present law authorizing the
employment of an official supreme court reporter, whose special duty it
is to correctly arrange and have published the decisions of the Oregon
supreme court, was passed, and Mr. George H. Burnett was elected the
first reporter under this law. Between the years 1890 and 1892 he
reported volumes XX, XXI and XXII. In 1892 the present supreme court
reporter, Mr. Robert G. Morrow, began his duties, and has since that
time reported volumes XXIII, XXIV, XXV, XXVI, XXVII, XXVIII, XXIX, XXX
and XXXI, to XLIX inclusive.
- "Political and Official History & Register of Oregon" compiled by Harrison R. Kincaid, Secretary of State, 1899.
 Arthur F. Benson's Original Supreme Court of Oregon Document |