State ex rel. Evans v. Holman

• Citation: 137 P. 771,68 Or. 546
• Parties: STATE EX REL. EVANS, DIST. ATTY., v. HOLMAN ET AL.
• Decision Date: 13 January 1914
• Court: Supreme Court of Oregon

137 P. 771

68 Or. 546

STATE EX REL. EVANS, DIST. ATTY., v. HOLMAN ET AL.

Supreme Court of Oregon

January 13, 1914

In Banc. Original application by the State, on the relation of Walter H. Evans, district attorney for the Fourth judicial district, for mandamus to Rufus C. Holman and others as chairman and members of the board of county commissioners of Multnomah county. Peremptory writ granted.

Walter H. Evans, of Portland, for plaintiff. Conrad P. Olson, of Portland, for defendants.

BURNETT, J.

Invoking the original jurisdiction of this court in mandamus proceedings, a writ was issued against the defendants who are county commissioners of Multnomah county commanding them to make a jury list for that county, for the current year, or show cause why they have not done so. They have returned the writ certifying that they have not formed a list for the reason, as they contend, that the two acts of March 4, 1913 of the legislative assembly have imposed that duty upon the circuit court. The cause has been heard as upon a demurrer to the return. The acts referred to are found on pages 767-770 inclusive, of the Laws of 1913. The legislation mentioned provides for the abolition of the office of county judge for Multnomah county, and for the promotion of the then incumbent of that office to be a circuit judge of the Fourth judicial district, comprising that county, to sit in department No. 6 of the circuit court, which department was created by the act.

The following sections appear in the two statutes.

Section 3: "Upon taking effect of this act, and thereafter, the county commissioners of Multnomah county shall be known as the board of county commissioners of Multnomah county. Said board shall have power to appoint a chairman from among their own number and remove him at pleasure, and shall have and possess, exercise and enjoy all the powers and jurisdiction now possessed, exercised and enjoyed by the county court of Multnomah county, sitting for the transaction of county business." Laws 1913, p. 768.

Section 4: "Upon the taking effect of this act all judicial jurisdiction, power and authority of the county judge and of the county court of said Multnomah county, as distinguished from such power and jurisdiction as is exercised in the transaction of county business, shall then, and thereafter, be vested in and exercised by the circuit court of said Fourth judicial district, and all said matters causes and proceedings pending in said county court shall be considered as transferred, continued, heard and disposed of in the said circuit court." Laws 1913, p. 769.

The issue to be determined is whether the work of forming a jury list for that county shall be performed by the board of county commissioners or by the circuit court. Under the original Constitution it was provided by section 12 of article 7 that "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...