UNIV. OF WHICH, LAW LIBRARY
GRAD
CD
3467
. A1
H57
1937

INVENTORY
OF THE
COUNTY ARCHIVES OF OREGON
no. 26
v. 1
BUHR
MULT NOMAH COUNTY
VOLUME
I
STATE
1
✰✰
NUMBER 26

OF
THE UNION
OREGON
1859
✰✰✰✰
¡
PUBLISHED BY
FEDERAL WORKS AGENCY
WORK PROJECTS ADMINISTRATION
OREGON HISTORICAL RECORDS SURVEY
PORTLAND OREGON
후
​*
OF
MICHIGA
MICHIGAN
N0
NIVERSITY

HE UNIVERS
KAMBARIAIN® JU•
The
43.43
***
VIRRANES
+ and other wealt
THE
2
念
​(U.S.)
INVENTORY OF THE COUNTY ARCHIVES
OF OREGON
Prepared by
The Oregon Historical Records Survey Project
Division of Professional and Service Projects
Sponsored by
The University of Oregon
Co-sponsored by
The Board of County Commissioners
Multnomah County
**
No. 26
MULTNOMAH COUNTY
Vol. I
:
Portland, Oregon
The Oregon Historical Records Survey Project
Official Project No. 65-1-94-25
June 1940
This book has been
WITHDRAWN
from the E
University of Michigan
Law Library
CD
3467
,AI
H57
1937
no. 26
vel
The Historical Records Survey Program
Sargent B. Child, Director
David M. Maynard, Regional Supervisor
T. J. Edmonds, Acting State Director
Division of Professional and Service Projects
Florence Kerr, Assistant Commissioner
June J. Owen, Regional Supervisor
Gladys M. Everett, State Director
WORK PROJECTS ADMINISTRATION
F. C. Harrington, Commissioner
H. E. Smith, Regional Director
E. J. Griffith, State Administrator
-
Greed/Behr
Gift
7-8.97
FOREWORD
The Inventory of the County Archives of Oregon is one of a number of
bibliographies of historical materials prepared throughout the United States
by workers on the Historical Records Survey Program of the Work Projects
Administration. The publication herewith presented, an inventory of the
archives of Multnomah County, is number 26 of the Oregon series of counties.
The Historical Records Survey Program was undertaken in the winter of
1935-36 for the purpose of providing useful employment for needy unemployed
historians, lawyers, teachers, and research and clerical workers to compile
inventories of historical materials, particularly the unpublished government
documents and records which are basic in the administration of local govern-
ment, and which provide invaluable data for students of political, economic,
and social history. The archival guide herewith presented is intended to
meet the requirements of day-to-day administration by the officials of the
county, and also the needs of lawyers, businessmen and other citizens who
require facts from the public records for the proper conduct of their af-
fairs. The volume is so designed that it can be used by the historian in
his research in unprinted sources in the same way he uses the library card
catalog for printed sources.
The inventories produced by the Historical Records Survey Program at-
tempt to do more than give merely a list of records--they attempt further to
sketch in the historical background of the county or other units of govern-
ment, and to describe precisely and in detail the organization and functions
of the government agencies whose records they list. The county, town, and
other local inventories for the entire country will, when completed, consti-
tute an encyclopedia of local government as well as a bibliography of local
archives.
The successful conclusion of the work of the Historical Records Survey
Program, even in a single county, would not be possible without the support
of public officials, historical and legal specialists, and many other groups
in the community. Their cooperation is gratefully acknowledged.
The Survey Program was organized by Luther H. Evans, who served as Na-
tional Director until his appointment as Director of the Legislative Refer-
ence Service of the Library of Congress. He was succeeded on March 1, 1940,
by Sargent B. Child, who had served in the capacity of field supervisor
since the inauguration of the Survey. The Survey Program operates as a
Nation-wide series of locally sponsored projects in the Division of Profes-
sional and Service Projects, of which Mrs. Florence Kerr, Assistant Commis-
sioner, is in charge.
F. C. HARRINGTON
Commissioner
:
PREFACE
The Historical Records Survey, under the direction of Dr. Luther H.
Evans, was initiated as a Nation-wide undertaking in January 1936, as a unit
of the Federal Writers' Project of the Works Progress Administration. In
November 1936, the Historical Records Survey became an independent part of
Federal Project No. 1. When the Oregon project was begun, Alfred Powers
was made State Director, serving until October 1937, when T. J. Edmonds was
appointed acting State Director. Until August 31, 1939 the project operated
under the sole sponsorship of the Federal Government. However, in September
1939, the project was localized, the University of Oregon becoming the legal
sponsor of the Oregon Historical Records Survey.
Sargent B. Child became National Director of the Historical Records
Survey in March 1940, Dr. Evans having resigned to become Director of the
Legislative Reference Section of the Library of Congress.
From September 1, 1939, to the time of his death, December 4, 1939,
Dr. R. C. Clarke, Chairman of the Department of History of the University of
Oregon, acted as the sponsor's representative for the project on editorial
matters. Dr. Dan E. Clark, recently appointed Chairman of the History De-
partment, is now serving in that capacity. Dr. Donald M. Erb, President of
the University, is the sponsor's representative on administrative matters.
The chief purpose of the Oregon Historical Records Survey is to com-
pile guides to the historical materials contained in the archives of local
governmental agencies; hence, it makes available basic research data con-
tained in county, State, and municipal records. Local archives are now rec-
ognized as rich sources of facts pertaining to the origins and developments
of economic, social, and political institutions. Moreover, local records
yield innumerable data on individual subjects which, organized in narrative
or expository form, contribute to the story of Oregon people. This volume
is designed for the practical use of public officials and laymen concerned
with local records. Its greater value will be, perhaps, that historians
and research workers can employ it as a guide to unused and little known
materials of historical importance.
GENDE
The Inventory of the County Archives of Oregon will, when completed,
consist of 36 separate publications, one for each county in the State. The
volumes are numbered to correspond to an alphabetical listing of the coun-
ties; thus, Multnomah County is No. 26 of the series. The Multnomah Inven-
tory has, however, been divided into two volumes, a method of presentation
necessary because of the number of records to be described and the amount of
historical and legal material to be covered in essays. Volume I contains
the history of the county, the essay on Multnomah governmental organization,
and individual essays for each office, board, or commission functioning as
part of the governmental organization. Volume II is devoted to describing
and locating each series of records maintained by the county and to an essay
which describes the methods used by the county for the care and housing of
its records.
C
▼
Preface
The field survey of the records of Multnomah County was made under
the direction of Kenneth Fitzgerald, superintendent in charge of field work,
by Daniel Whedon, Charles Lowman, Nelson Ashwell, Edward Fagan, and Lee
Roy Lyons. Editorial work on the inventory was organized and directed by
Margaret Clarke, superintendent of production. The entries were prepared by
a unit consisting of: William Taylor, chairman; Marie La France, Ted Ham-
mond, Edward Fagan, and Ernest La Jounesse. Under the immediate editorial
supervision of A. L. Korn, Alfred James Dawson and Dawn Lovelace prepared
the individual office essays and Charles Raymond and Christian Spreen wrote
the governmental organization essay. The history of Multnomah County, the
writing of which was supervised by Mr. Korn, is a collaboration, the work of
Charles Swope and Cecelia Woodruff. The essay on the care and housing of
records, the courthouse floor plans and the boundary maps of Multnomah County
were prepared by Harold Kiff and Nick Chaivoe. Joan Gerrits acted as Miss
Clarke's assistant in checking and assembling final copy. Isabel Mayhew and
Ronald Schnef constituted the indexing staff. Marion Stribling, Elmer Bailey
and Bell Schneider, under the supervision of Hildegarde Enke, executive sec-
retary of the project, cut the stencils for this book. The mimeographing,
assembling and binding of the final copy were the work of Gordon Heitsch,
Joan Woods, and Effie Minium.
The Multnomah County Inventory could not have been completed had the
officials of the county not given the project consistent and cordial cooper-
ation. The Oregon Historical Records Survey gratefully acknowledges their
help. To the county commissioners, Mr. 0. V. Badley, Mr. C. A. Bigelow, and
Mr. Frank L. Shull, the project is especially in debt, not solely because
through them Multnomah County acted as co-sponsor of this publication but
also because they followed the work with real interest. A special acknowl-
edgment must also be made to Mr. Lewis McArthur, president of the Oregon
Historical Society and author of Oregon Geographic Names. Mr. McArthur was
a helpful and critical consultant to the staff which prepared the history of
the county which appears in Volume I of this inventory.
After a careful editing of the copy prepared for this inventory, edit-
ing of inestimable value to the Oregon staff, the National Director of the
Historical Records Survey recommended that the Multnomah County volume be
published.
June 1940
Portland, Oregon
GR
This inventory and other publications of the project will be issued
for free distribution to State and local officials, public libraries, uni-
versities and colleges and historical societies in Oregon, and to a number
of important libraries and agencies outside of the State. Requests for
information regarding this volume or other units of the Inventory series
should be addressed to the State Director, Oregon historical Records Survey,
400 Elks' Building, Portland, Oregon.
T. J. EDMONDS
State Director
- 1 -
2.
I.
II.
1. Multnomah County Historical Sketch
Maps of County Boundary Changes
Governmental Organization and Records System
Legal Status of the County; Creation of New Counties; Struc-
tural Development; General Administration; Recording; Judi-
ciary; Law Enforcement; Finance (County and School); Election
Procedure; Education; Public Health; Relief and Social Wel-
fare; Public Works; Agriculture; Uniformity of Records.
Chart of Multnomah County Government
3. Abbreviations
·
VI. Circuit Court
X.
III. Supervisor of Elections
IV. County Clerk
V. Auditor
Jury Commissioner
Board of County Commissioners
Civil Service Commission
XI. District Court
A.
-
XIV. Constable
VII. Department of Probate (Circuit Court)
VIII. Department of Domestic Relations (Circuit Court)
IX. Probation Officer
XII. Justice of the Peace
XIII. Sheriff
XV. Coroner
XVI. District Attorney
XVII. Assessor
TABLE OF CONTENTS
Multnomah County Essays
B. County Offices
•
-
Page
3
43
47
84
85
86
94
95
96
103
106
111
113
116
118
119
122
127
132
135
137
141
- 2 -
ܚ
Table of Contents
XVIII. Board of Equalization
XIX.
XX.
XXI. Treasurer
XXII. Superintendent of Schools
XXIII. District Boundary Board
XXIV. Library Association
XXV. County Agricultural Agent
XXVI. Home Demonstration Agent
XXVII. Club Agent
XXVIII. County Health Board
XXIX. Health Officer
XXX.
Tax Supervising and Conservation Commission
Tax Collector
County Health Nurse
XXXVII. Veterinarian
XL.
XXXI. County Physician
XXXII. County Public Welfare Commission
XXXIII. Superintendent of County Farm
XXXIV. Surveyor
XXXV. Roadmaster
XXXVI. Stock (Brand) Inspector
XXXVIII. Dairy Herd Inspector
XXXIX. Bang's Disease Inspector
Horticultural Inspector
XLII.
.....
XLI. Dog Control Board
Multnomah County Fair
Selected Bibliography
Index ..
Publications of the Oregon Historical Records Survey
Errata
Page
144
146
147
149
151
154
156
157
159
160
161
163
166
167
169
173
173
176
177
179
181
184
187
189
191
192
199
221
222
- 3
Natural Setting
Situated between the Coast and Cascade Ranges in
the northwest part of Oregon, the 328 square mile area comprising Multno-
mah County is bordered on the north by the Columbia River, which also forms
the Oregon-Washington State line, on the east by Hood River County, on the
south by Clackamas County, and on the west and northwest by Washington and
Columbia Counties. Multnomah County is approximately 50 miles long from
east to west, and 10 miles wide, Within its irregular boundaries lies a
varied topography, ranging from a minimun elevation of 30 feet at the Col-
umbia River to a maximum of 5,000 feet where the mountainous eastern part
of the county shoulders up into the Cascade Range.
HISTORICAL SKETCH OF MULTNOMAH COUNTY
Included partly in Multnomah County and partly in Columbia County is
Sauvie Island, a 26-mile stretch of lowland, situated in the Columbia
River just below the mouth of the Willamette and cut off from the Oregon
mainland by the narrow Multnomah channel. The upper, or southeast section
of Sauvie Island, is a part of Multnomah County.
The soil of the county is composed mainly of three types: alluvial
strips along the Columbia and its Willamette and Sandy River tributaries;
bench lands, parts of which rise to more than 1,000 feet, extending from
the Sandy River in the eastern part of the county to the Willamette River
near the western end of the county; and mountainous areas in the eastern
extremity and hilly areas in the western part of the county. (1) The cli-
mate of the region is mild, with a mean annual temperature of 52.9 degrees.
An ample, though not excessive, year-round rainfall of 44 inches is con-
ducive to truck gardening, especially along the sandy Columbia Slough low-
lands. Extensive berry growing and diversified farming are carried on
throughout the central section of the county. In the hilly and mountainous
areas, out of the slopes of which spring numerous small streams, evergreen
forests stand among a lush undergrowth of Oregon grape, ferns, wild flowers
and other forms of native plant life.
1.
2.
Exploration and Early Settlement. The region comprising Multnomah
County is readily identifiable in the journals of early explorers by their
reference to the confluence of a large river with the greater Columbia, at
a point now located within the northwest corner of Multnomah County. The
first white visitors found this district peopled by tribes of the Chinookan
linguistic family. The most prominent group were the Multnomahs, whose
name was first mentioned in the journals of Lewis and Clark. (2) Under
date of November 3, 1805, the explorers used the name Mulknoma in referring
to the Willamette River. On the following day the explorers record a vil-
lage inhabited by a tribe named Mulknomans on the east side of what is now
-
Meriwether Lewis and William Clark, Original Journals; ed. by Reuben
Gold Thwaites, III, 193; IV, 241.
G
C. V. Ruzek and E. J. Carpenter, Soil Survey of Multnomah County, Oregon,
pp. 47-53.
- 4.
Historical Sketch
known as Sauvie Island. On April 2, 1806, the stream is mentioned again
with the spelling Multnomah, and this form is used on the maps prepared by
the party, not only for the river but also for the village on the east
side of Wapato Island. The Multnomah Indians depended for food upon fish
and upon a potato-like root called wapato, (3) which grew in great quanti-
ties on Wapato Island, later named Sauvie Island. (4)
Permanent settlement on this part of the Columbia River began in 1824,
when a trading post was established by the Hudson's Bay Company at Vancouver.
An injurious result of the coming of the white men was the introduction of
diseases heretofore unknown to the Indians and against which they had no
resistance. Tribes along the Columbia and Willamette were almost destroyed
by a "cold sick" plague, which spread along the lower Columbia from 1832 to
1844 and caused the depopulation of entire villages. (5) Nathaniel Wyeth,
a New England trader who tried to break into the fur trade and who built
Fort William at the lower end of Sauvie Island, in a letter dated April 3,
1835, wrote that "a mortality has carried off to a man the inhabitants
(of Sauvie Island) and there is nothing to attest that they ever existed
except their decaying houses, their graves, and their unburied bones of
which there are heaps." Wyeth's letter continues in a vein which may or
may not have expressed the spirit of the new order: "So you see, as
the righteous people of New England say, providence has made room for me
and without doing them more injury than I should if I had made room for my-
self, viz., killing them off." (6)
Although a series of misfortunes prevented Nathaniel Wyeth's enterprise
from playing a very direct part in the development of Oregon, his name re-
mains of historical interest because he anticipated the great salmon packing
industry of the Columbia River. Wyeth was not able to carry out his plans
to develop salmon fishing and packing, an activity which had been one of the
principal objects of his second Oregon expedition in 1834 (7) Publicity
had first been given to Oregon salmon by Captain John Dominis of the
Owhyhee, who, during his visit to the Columbia in 1829-30, packed salted
salmon for sale in Boston. (3)
" Ore-
3. John Minto, "The Nunber and Condition of the Native Race in Oregon When
First Seen by White Men," Oregon Historical Quarterly, I, 304-309,
1900; also J. Neilson Barry, "Use of Soil Products by Indians,
gon Historical Quarterly, XXX, 44, 1929; also J. Neilson Barry, "The
Indians of Oregon--Geographic Distribution of Linguistic Families,"
Oregon Historical Quarterly, XXVIII, 54, 55, 1927.
For a discussion of the various names given to this island by early
writers and map makers see Lewis A. McArthur, Oregon Geographic Names
p. 297; also George B. Roberts, Ms., Oregon Historical Society.
See Minto, op. cit.; also Leslie M. Scott, "Indian Diseases as Aids to
Pacific Northwest Settlement," Oregon Historical Quarterly, XXIX,
144-161.
4.
5.
6.
Т.
8.
Nathaniel Wyeth, Correspondence and Journals; ed. by F. G. Young, p. 149.
For a complete account of the activities of Wyeth's trading venture,
see Wyeth, op. cit.
Samuel Eliot Morison, "New England and the Opening of the Columbia
River Salmon Trade, 1830," Oregon Historical Quarterly, XXVIII, 111-132.
1
· 5 -
Historical Sketch
In the decade following Wyeth's attempt to found a settlement, Ameri-
cans came in increasing numbers to the Oregon country. The earliest set-
tlers found themselves in an insecure position--living in a wilderness
without the comforts of civilization and faced with an uncertain future
because there was no governmental authority to guarantee them permanent
possession of land.
The need for an agency by which legal ownership of land could be estab-
lished contributed to the movement to form a Provisional Government. One
of the first acts of the Provisional Legislature on July 5, 1843 was to pass
a law whereby each head of a family might claim 640 acres of land. (9) The
passage of this law resulted in an immediate increase of emigration to Ore-
gon and a rush for the most desirable lands in the Willamette Valley. Soon
the more accessible tracts were claimed by farmers, while ambitious pro-
moters took up likely town sites along navigable watercourses. The lightly
wooded plains in that part of Tuality District which is today Washington
County lent themselves to farming more readily than did the thickly forested
area near the Willamette River. In fact few persons settled on land now in-
cluded in Portland until the latter part of the 1840's.
The first person to live for a time in the area today included in Port-
land was Etienne Lucier, a retired Hudson's Bay Company employee, who in
1829 built a cabin on the east bank of the Willamette River south of the
present Southeast Hawthorne Boulevard. (10) Lucier had arrived in the Ore-
gon country with the overland Astorians in 1812, (11) and, after the failure
of the Astor enterprise, had first taken service with the North West Company
at Astoria, later with the Hudson's Bay Company at Vancouver. He lived a
few months on the Willamette before moving to French Prairie, where for a
number of years he engaged in farming.
Lucier was followed on the east side of the Willamette, some years
later, by a French-Canadian named Porier (sometimes spelled Prairie). At
the death of the latter in 1845, his administrator, Dr. John McLoughlin,
sold the claim to James B. Stephens for $200. Stephens laid out a townsite
of East Portland in 1851. (12)
Development of the City of Portland. The growth of the town of Port-
land on the west side of the Willamette River preceded any group settlement
9.
H. H. Bancroft, History of Oregon, II, 311; for a treatment of the de-
velopment of government in the Oregon Territory, see also Marie M.
Bradley, "Political Beginnings in Oregon, 1839-49," Oregon Historical
Quarterly, IX, 42-72.
Leslie M. Scott, "Beginnings of East Portland," Oregon Historical Quar-
terly, XXXI, 351.
11. Alexander Henry, and David Thompson, New Light on the Early History of
the Greater Northwest, 1799-1814, ed. by Elliott Coues, II, 868, 892,
904. Alexander Henry lists among the Astor men the name Etienne
Lussier (probably meaning Lucier).
Leslie M. Scott, "Beginnings of East Portland," Oregon Historical Quar-
terly, XXXI, 351.
10.
12.
- 6 -
Historical Sketch
on the east side. The first settler on the west side was William Johnson,
who had entered the service of the North West Company in 1817. (13) When
that company merged with the Hudson's Bay Company in 1821, Johnson had be-
come a Hudson's Bay Company employee. In 1834 he began farming on French
Prairie and then in 1842 moved down the Willamette River, built a log cabin,
and started farming anew on land which is now block 137, Caruthers' Ad-
dition, bounded by Southwest Hood, Macadam, Curry, and Whitaker Streets,
Portland.
In November 1843, William Overton, an emigrant of the previous year,
claimed 640 acres on the west bank of the Willamette River nine miles above
its place of junction with the Columbia. He soon after sold half of his
claim to Asa Lawrence Lovejoy. (14) This site, which was later referred to
simply as the "Portland Claim," was in 1845 the joint property of Love joy
and Francis W. Pettygrove, the owner of a small store and trading post at
Oregon City, who had bought Overton's share of the claim. (15)
Until these men decided to promote their claim as a townsite, it gener-
ally had been supposed that there would never be room for another city be-
tween Vancouver and Oregon City. Lovejoy, having noted the depth of the
river at the point where he and Overton had landed, considered this lo-
cation a potential inland seaport. In 1844 Lovejoy and Pettygrove cleared
a small area along the river bank near the present Southwest Front Avenue
and Washington Street, where they built a small log cabin.
To decide upon
a name for their proposed town they flipped a copper cent, with the result
favoring Portland, the choice of Pettygrove, who was a native of Maine.
Lovejoy stated that he would have named the town Boston, his former home. (16)
13.
In 1845 Lovejoy and a surveyor, Thomas Brown, made a survey of the
claim and platted 16 blocks for a townsite. Lovejoy laid out a street run
ning approximately parallel to the river, leaving an irregular-shaped tract
of land between the street and the water for a public levee. This was Water
Street, later named Front Street and now constituting Southwest Front Avenue.
Although Lovejoy maintained that he and Pettygrove had given the river front
for a public levee, Pettygrove denied this. (17) Litigation in regard to
the levee case continued to vex the city for many years.
14.
In November 1845 Lovejoy sold his half of the claim to Benjamin Stark.
During Stark's absence, Pettygrove in 1848 sold his interest to Daniel H.
15.
16.
17.
G
4
Ibid.
Ibid., p. 254.
Ibid., pp. 254, 255.
Honry E. Reed, "William Johnson," Oregon Historical Quarterly, XXXIV,
314-316.
Asa L. Lovejoy, "Pioneer Narrative, 1842-48," with introduction by
Henry E. Reed, Oregon Historical Quarterly, XXXI, 253.
BAĞ
Asa L. Lovejoy, "Pioneer Narrative, 1842-48," with introduction by
Henry E. Reed, Oregon Historical Quarterly, XXXI, 256; see also
Oregonian Nov. 6, 1938, which reprints Lovejoy's original plat of
Portland made in 1845, now in the records of the United States Dis-
trict Court in Portland.
7 -
Historical Sketch
Lownsdale, who previously had resided west of this claim on Tanner Creek,
near the head of the present Canyon Road, where he had a tannery. This tan-
nery was the first in Oregon to make leather for sale. The Portland claim
having been registered in the name of Pettygrove, Lomsdale claimed owner-
ship of the whole, including Stark's portion. Later, Lowmsdale sold his
interest in the claim to Stephen Coffin, and immediately repurchased half of
it upon an agreement with Coffin that the latter should undertake to procure
a patent from the United States government. The deed of Coffin reserved the
rights of all persons who had purchased lots from Pettygrove. In December
1849, Lownsdale and Coffin sold a third interest in the claim to W. W.
Chapman, reserving as before the rights of lot owners. In the spring of
1850, Stark returned and asserted his right in the property. A division was
made with Stark taking the northern and Lownsdale the southern half of the
claim. (18)
Meanwhile a long controversy was in progress over the legal status of
the deeds given to purchasers of lots and over the rights of the various
claimants to the townsite. A question arose as to the legality of claiming
a townsite under the Donation Land Act of 1850, which was designed for farm
claims. During the winter of 1854 a bill in regard to the Portland claim
was brought before the Legislature, but no action was taken. However, the
court tended to take a liberal view of the Donation Land Act as applied to
Portland lots. (19) In 1858 the decision rendered by the general land
office that the claims of Stark, Chapman, and Coffin were good under their
several notifications, and also that Lownsdale's was good under his first
notification, helped settle the controversy. (20)
Another cause of litigation was the uncertain condition of the title to
the water front proper. Although Lovejoy and Pettygrove had platted several
blocks, they had left the land immediately adjacent to the river bank for a
landing place. The view gradually took hold that Lovejoy and Pettygrove had
intended this area for general public use. However, Lowisdale, who had pur-
chased Pettygrove's share of the Portland claim, had a survey made in 1850
of the frontage, and a map was drafted by John Brady according to which the
river bank was laid off in town lots. (21) The city council in 1852 adopted
the Brady plat and thus forfeited whatever claim the city might have had to
the levee. In 1860 the city council attempted to rescind this action and a
crusade was begun against the holders of the property along the river. As
the city was not in a position to guarantee public improvements and wharfs
to equal those built by private enterprise, the crusade was allowed to lapse.
Finally, on January 11, 1862, Judge Mathew Deady of the United States Dis-
trict Court decided that there was no proof that the levee had been dedicated
to public use. (22)
18.
19.
20.
21.
22.
Bancroft, op. cit., II, 281, 282.
See the Oregonian, May 27, June 3, 6, Sept. 2, 1854.
Bancroft, op. cit., II, 287.
Facts for the People of Fortland Relating to the Levee Case, booklet
published in 1862, a copy of which is in the library of the Oregon
Historical Society.
Lownsdale vs. Portland, 1 Ore. 398.
י
G
. 8.
Historical Sketch
Despite the uncertainty of land titles, Portland's population increased
and the town developed into a center of commercial activity. An important
settler of 1846 was Captain John H. Couch. He had sailed first into the
Columbia in 1840 as a representative of the Cushing family of Newburyport
Massachusetts, and later had become acquainted on various visits with both
the Clackamas rapids and the Ross Island shoals. He was particularly inter-
ested in finding a better landing place than the upper river afforded. In
1846 he chose Portland as the terminus of his shipping and merchantile busi-
ness and selected a land claim to the north of the Fortland claim. (23)
Only after the arrival of Captain Couch was it recognized commonly that
Portland was a suitable site for an inland seaport. The fact that Couch was
widely known in maritime circles and that his judgment was much respected by
shipmasters of all nations helped to draw attention to the new town. Couch's
precedent brought other ships to this port.
Portland's position as the leading port of Oregon did not go unchal-
lenged. A potential rival, the town of Linnton, had been laid out in 1843
and 1844 by Peter H. Burnett and M. M. McCarver, emigrants of the migration
of 1843. These two men were delegates to the Provisional Legislature from
Tuality District in 1844. (24) This was five years before Peter Burne‍tt
who accompanied Fremont on his return to California, became the first Amer-
ican governor of California. (25) Burnett and McCarver founded the town of
Linnton on a site nine miles below Fortland on the west shore of the Willam-
ette River, ear its confluence with the Columbia. There they laid out a
few blocks and streets in the narrow space between the river's bank and the
precipitous hills, and carved through these hills some semblance of a road,
over which the farmers settling in the Tuality plains beyond might readily
reach the river at Linnton. The founders believed that their townsite,
which they had named in honor of Senator Lewis Fields Linn of Missouri, (26)
who had early urged the American occupation of Oregon, possessed natural
geographic advantages over Portland. Burnett predicted that his town would
be the great commercial center of the territory. This optimistic view of
Linnton's future was not fulfilled, for Portland had the advantage of a
wide stretch of comparatively level land upon which a city could expand be-
fore encountering the steep inclines of the western hills. Moreover, the
greater depth of the Willamette River at Portland provided better harbor
and docking facilities than at Linnton.
23.
24.
25.
26.
Lieutenant Howison, who visited Oregon in 1846, described Linnton as
a village of several log houses occupied by a few hard-pressed inhabitants.
He stated that not one of the town's proprietors resided upon the spot:
"Its future increase is, to say the least, doubtful.' The appearance of
Iortland he regarded as the more promising: "Twelve or fifteen new houses
are already occupied, and others building; and, with a population of more
Charles H. Carey, History of Oregon, p. 772.
Ibid., p. 389.
See W. J. Ghent, The Early Far West, p. 385.
McArthur, op. cit., pp. 201, 202.
€23
204
**
· 9 -
Historical Sketch
than sixty souls, the heads of families generally industrious mechanics,
its prospects of increase are favorable." (27)
In the same year that Howison made his visit, the treaty between the
United States and England establishing the northern boundary of the Oregon
country (28) gave assurance that Oregon eventually would be granted terri-
torial status and protection by the United States Government. An increased
westward migration from the east and middle west came to Oregon in the fall
of 1847, bringing new homeseekers to the Portland area. Among the members
of the emigration of 1847 were Mrs. Elizabeth Caruthers and her son Finice,
who settled on land adjoining Portland to the south. This section later
became known as the Caruthers' Addition.
Other settlers came to Oregon by sea from the east coast, bringing
their household goods on sailing vessels around Cape Horn. A settler of
1847 was Captain Nathaniel Crosby of the brig Toulon, who, after having
stopped at Portland on a previous voyage, returned to stay permanently.
Crosby brought with him from Maine the "knocked down" parts of his house,
which he rebuilt in Portland on Southwest Fourth Avenue, where it remained
for some time the first frame house in Portland. (29)
In the following year news of the discovery of gold in California
reached Oregon. The first intimation that gold could be had for the taking
in the Sierra foothills was brought by Captain Newell of the brig Honolulu,
who sailed into the Columbia in July 1848. He made haste to load all the
meat, flour, picks, shovels, and other tools that were available, letting
it be understood that he was purchasing these supplies for the use of coal
miners engaged in digging fuel for mail steamers. When ready to sail he
brought out his sack of gold dust and revealed the wonderful discovery on
the American River. (30)
The effects of the gold rush at first appeared to be wholly adverse.
Everywhere men by dozens and hundreds abandoned their homes and farms, work-
men left their jobs, sailors fled their ships, and in six months almost the
entire adult male population of Oregon had departed for California. (31)
In midsummer, 1849, there were only three men in Portland, Daniel H. Lowns-
dale, Colonel William King, and a Mr. Warren. (32) When the wives and chil-
dren of farmer-settlers in the vicinity of Portland, whose menfolk were away
at the gold fields, drove their ox teams or rowed their boats into town to
27.
28.
29.
30.
31.
32.
-
Neil M. Howison, "Report on Oregon, 1846," Oregon Historical Quarterly,
XIV, 43.
9 Stat. 869.
Carey, op. cit., p. 484.
Letter
Letter of Dr. W. C. McKay to Mrs. Emery Dye, dated February 11, 1892,
manuscript in the library of the Oregon Historical Society; quoted
in Carey, op. cit., p. 506.
Lieutenant Talbot mentions seeing whole settlements on the Willamette
deserted. Theodore Talbot, Journals, 1843 and 1849-52; ed. with
notes by Charles H. Carey.
Fred Lockley, History of the Columbia River Valley, I, 720.
10 -
Historical Sketch
trade, they were waited on in the stores and commission houses along Front
street only by other women and children.
The far-reaching effects of the California gold rush manifested them-
selves in many ways during the next few years. As the men returned, some of
whom were lucky enough to have struck gold, the development of the Pacific
Northwest received a stimulus which would have required many years to be
produced from agricultural surpluses and the exploitation of local resources.
The supply of gold furnished a greatly needed currency. Of still greater im-
portance was the rapid growth of the population of California, which created
buyers for Oregon goods and products thousands of miles nearer home than any
previous market.
11
Prices remained at a high level for several years and gold continued
to be the medium of exchange. Charles Stevens wrote from Portland to his
brother in Illinois, in a letter dated October 31, 1852, that in Oregon he
had seen more gold every day than he "ever saw in any day in silver and
In another letter he mentioned that there
copper together in the states,
was no paper money used in Oregon. Prices were still very high. He listed
flour as $12 per hundred pounds; potatoes, $2 and $2.50 per bushel; beef,
10 to 16 cents per pound; fresh pork, 20 cents per pound; pickled hams,
25 cents per pound; butter, 75 cents per pound; onions, 10 cents per pound;
eggs, 75 conts and $1 per dozen; large zinc wash tubs, $5 each. (33)
Stevens wrote the next year from Milwaukie that times were hard and pro-
visions were not as high as they had been the winter before. (34)
The population of Fortland had grown slowly during the period from 1845
to 1850. Various estimates have been made in subsequent years as to the
population of the young city. (35) An article written by Henry E. Reed for
the Oregonian, March 23, 1930, included a photostatic copy of the Portland
census of 1850 listing all persons in Portland in that year. (36) This was
a census taken by Daniel O'Neill, a deputy under United States Marshal
Joseph L. Meek, who came to Portland by canoe from Oregon City. O'Neill's
returns, while showing some evident duplications and ommissions and a number
of mistakes in spelling, accounted for 821 persons.
34.
35.
33. "Letters of Charles Stevens, Oregon Historical Quarterly, XXXVII, 146,
147.
36.
ŕ
11
Is
Ibid., XXXVIII, 64.
11
Lockley, op. cit., I, 424, says: "At that time (when J. W. Corbett
arrived, March 4, 1851) (Fortland) claimed a population of 400
people.
On the other hand, M. P. Deady, writing in the Overland
Monthly, vol. I, p. 27, said, "The population of Portland in 1851
was about 1000. Judge Deady's figure appears to be open to questi an,
for the same author later said that the population of Fortland in
1857 was 1,280. This would indicate an increase of only 280 inhabit-
ants in six years. According to the same article, the population of
Fortland more than doubled in the three year period between 1857 and
1850 from 1,280 to 2,917. Rev. Ezra Fisher (see Carey, op. cit.,
p. 776) in a letter written January 3, 1852, said, "The present pop-
ulation (of Portland) is 700 souls.'
11
See the Oregonian, March 23, 1930, magazine section.
B
11 -
Historical Sketch
O'Neill enumerated Portland on December 5, 6, 7, and 9, 1850, and the
count was therefore not a census of Portland as an incorporated city. How-
ever, his enumeration sheets make clear that O'Neill learned the boundaries
of the proposed city before his final returns were sent to Washington.
Samuel A. Clarke and 144 other citizens in 1850 petitioned the Legislature
to incorporate Portland, and their petition containing the proposed bound-
aries was filed at Oregon City on December 4th of that year. What O'Neill
classed as Portland included approximately the territory incorporated in
1851. This is made clear by the word "Portland," which is interlined just
before the listing of the name Caruthers, and also by the words "End of
Portland," which are entered before the Blackstone name. On the south, the
enumerator begins with the Caruthers family and leaves out of the Portland
classification their more southerly neighbors, the Stephens, Jones, and
Terwilliger families. On the north, he stopped at or close to the present
Northwest Thurman Street, the end of John H. Couch's claim, leaving out the
Balch, Blackstone, Guild, and Doane families, all of whom lived in the
vicinity of Guild Lake.
On O'Neill's list also appear the ages, places of birth, and occupa-
tions of many persons whose names are familiar to readers of later Oregon
history. Portland's first mayor and the other city officers and the coun-
cilmen are on the list, with the exception of Councilman L. B. Hastings.
Singularly, the enumerator did not count two men who were active in the
movement to incorporate Portland--Samuel A. Clarke and L. B. Hastings.
They may have been out of the settlement, perhaps at Oregon City, lobbying
in behalf of incorporation, and so were missed.
An act to incorporate the City of Fortland, then in Washington County,
was passed by the House of Representatives of the Territorial Legislature
on January 14, 1851, and by the Legislative Council, which is equivalent to
the Senate of today, on January 23, 1851. (37) The boundaries of the city
commenced at the northeast corner of Finice Caruthers' land claim, thence
down the middle of the Willamette River two miles to the north line of John
H. Couch's claim, thence west one mile, thence south along the line of the
Couch and the Portland claims two miles. At an election held in Portland
on April 7, in accordance with the provisions of the charter, the citizens
of Portland, casting a total of 222 votes, accepted the articles of incor-
poration and chose the city's first body of officers. (38)
Portland's first mayor was Hugh D. O'Bryant, a man who had been ac-
tive in civic affairs from the time of his arrival in 1849. In 1850 he
had fitted up a room at Front and Alder Streets opposite the Oregonian
office, where he and some friends deposited a number of books and news-
pepers, thus establishing the first public library in Portland. (39) In
addition to the office of mayor, the charter provided for the popular elec-
tion of a recorder, a treasurer, an assessor, and a council of nine members.
37. L. 1850, p. 16.
38.
Froceedings of Common Council, Portland, Oregon, filed in the auditor's
office in the city hall, vol. I, April 14, 1851 (pages not numbered).
39. Lockley, op. cit., I, 516.
12
Historical Sketch
At the first election, however, only a recorder and five councilmen were
elected. W. S. Caldwell was elected city recorder, and the councilmen
chosen were: Robert Thompson, Shubrick Norris, George A. Barnes, Thomas G.
Robinson, and L. B. Hastings. (40) The first meeting of the council was
held April 14, 1851, at which the initial order of business was the passage
of an ordinance providing for the appointment of a city marshal. Hi ram
Wilbur was chosen for the position. (41)
Frequent changes were made in the Portland charter in subsequent years.
A revision of city government, approved by the voters of the city at an elec-
tion in 1913, introduced the commission form of government to replace the
city council. Under the present system, a mayor, four commissioners, and an
auditor are elected for four-year terms. The mayor assigns to commissioners
departments as "it appears that the public service will be benefited." (42)
The city government begun in Portland in 1851 was the first separate
unit of government set up within the area now constituting Multnomah County.
Until the establishment of Multnomah County in 1854, citizens of Portland
continued to journey to Hillsboro, the seat of Washington County, to trans-
act county business.
Organization of County Government.
Multnomah County, the 16th of Ore-
gon's 36 counties, was created on December 22, 1854 by the Territorial
Legislature. The area was one which previously had been included partly
in Clackamas County and partly in Washington County. That section of Mult-
nomah County west of the Willamette River was taken from Washington County,
and the section east of the Willamette and extending to the Cascade Range
was taken over from Clackamas County. At its creation Multnomah County had
approximately the following boundaries: beginning in the main channel of
the Columbia River, at the southeast corner of Columbia County (which had
been created from Washington County on January 16, 1854), thence west and
south along the ridge of the hills approximately parallel to the Willametto
River to form the boundary between Washington and Multnomah Counties, thence
across the Willamette and east on the section line between sections numbered
23 and 26 in township No. 1 to the summit of the Cascade Range, thence north-
ward to the Columbia River. (43) Certain minor boundary changes between
Multnomah and Clackamas and between Multnomah and Washington Counties have
been made since the creation of the county.
In establishing the new county, the Legislature had acted upon the de-
sire of a majority, or at least upon the demand of an extremely vocal repre-
sentation, of the people of Fortland and the vicinity. Citizens of Portland
had found it inconvenient to journey to Hillsboro in Washington County to
conduct court business and had clamored for a county seat of their own.
They maintained that with Fortland as the seat of a new county their city
40.
41.
42.
Proceedings of Common Council, Portland, Oregon, vol. 1, April 14, 1851.
Ibid.
Civic Review of Portland, Oregon, 1938-39, published by the City Coun-
cil, p. 2.
43. L. 1854, p. 29.
13.
S
1
Historical Sketch
would obtain representation in the Legislative Assembly more nearly propor-
tionate to the city's size and importance. The Oregonian, although in favor
of the creation of the county, was critical of the manner in which Multnomah
County had been established, declaring that the proposition should have been
put to a vote of the people instead of being subject to the will of the Leg-
islature alone. (44)
In accordance with the wish of the petitioners, Portland was made the
county seat. The act provided that Washington and Multnomah Counties should
elect one member each and one member jointly to the House of Representatives,
and together with Clackamas County form one Council district. The following
persons were appointed to hold office until an election was held in Multnomah
County: sheriff, William H. McMillan; commissioners, James F. Bybee, George
W. Vaughn, and Ensley R. Scott; auditor, Shubrick Norris; treasurer, A. D.
Fitch; judge of probate, Anthony L. Davis; and the same justices of the peace
and constables who were at that time holding office within the limits of the
county. (45)
The first meeting of the county commissioners was held on January 17,
1855. (46) Following the acceptance of bonds of county officers, the first
business transacted was the receiving of bids for rent of a courthouse.
Coleman Barrell, Jr. offered to rent for this use the second story of his
building on Southwest Front Avenue, known as the Robinson building, for
the sum of $500 per year. At the meeting the next day his proposal was
accepted. (47)
Meetings of county commissioners were held quarterly during the early
years of county government in January, April, July, and September.
R. B. Wilson was appointed coroner on April 4, 1855, and on the following
day L. B. Vickers was appointed county surveyor. (48) At the meeting on
April 5, 1855 the county was divided into seven election precincts and
election judges were appointed for each precinct. The first election of
Multnomah County officers took place on June 9, 1855. (49) McMillan,
Norris, Fitch, and Davis were all retained in their respective positions.
Wesley Vanschuyler was elected assessor; W. F. Boyakin, school superin-
tendent; A. B. Hallack, county surveyor; J. P. Powell, coroner; and David
Powell, Ellis Walker, and Samuel Farnam, county commissioners. Partici-
pating in the balloting were seven precincts, at North Portland, South
Portland, Sandy, Multnomah, Sauvie Island, Willamette, and Powell Valley.
In this election each of these precincts, or "districts," elected also a
justice of the peace and a constable.
SER
Transportation, Communication, and Industry. Early county business in
Multnomah County in large part was concerned with problems of communication
44.
See the Oregonian, December 9, 23, 1854.
45. L. 1854, p. 29.
46.
Commissioners' Journal, vol. 1, p. 1, January 17, 1855 (old series).
47. Ibid., January 18, 1855 (old series).
48.
49.
Ibid., vol. 1, pp. 4, 5, April 4, 5, 1855.
Balloting Records, No. 2025, in the library of the Oregon Historical
Society.
•
- 14.
Historical Sketch
and transportation.
However, even before the organization of the county,
roads were laid out through the private initiative of the early settlers,
for the founders of Portland saw the necessity for cutting roads through
the surrounding wilderness before Portland could be expected to become a
thriving trade center. Settlers very early had broken trail up Tanner Creek
west of Lownsdale's tannery, which was situated in the vicinity of the pres-
ent Multnomah Amateur Athletic Club in Portland. This trail was the begin-
ning of the important and much publicized Canyon Road planking project,
which connected the Tuality Plains with Portland. A route over this ground
had been surveyed by Daniel H. Lowasdale in the fall of 1849 (50) and in the
following year citizens of Portland formed, for the improvement of the
route, the Portland and Valley Plank Road Company, chartered by the Legisla-
ture on July 30, 1851. (51) The first plank was laid on September 27, 1851.
The Canyon Road is today the route of a heavily traveled paved highway.
On the east side of the Willamette the road from Oregon City to Port-
land was laid out by James B. Stephens, upon whose claim East Portland was
lator platted. In August 1846 he obtained authorization from the Territor-
ial Court at Oregon City "to work out a road" from his claim to Oregon City.
The court appointed Stephens and two men named Straight and Fellows to ex-
amine the area and determine the exact course this road should take. (52)
Stephens improvements consisted chiefly in clearing away brush so that
wagons might wind their way around the stumps and trees.
Many roads which later were developed into highways had rudimentary
beginnings during the 1840's and 1850's. As new settlers penetrated the
forests, they broke trails to their claims, and those trails were widened
to wagon-passage width as need demanded and opportunity and topography per-
mitted. That it was customary for later county roads to follow the roads
laid out by early settlers is shown by the entry in the Commissioners' Jour-
nal of Multnomah County for July 2, 1855, when John Switzler petitioned pay-
ment for a bridge which he had built on the route from Portland to the Co-
lumbia ferry. After a county road had been surveyed to pass over this
bridge, a committee of appraisers was appointed to determine the price the
county should pay to Switzler. (53) Other early routes of travel included
a road built along the Willamette to Sauvie Island in 1852 (54) and another
opened to Corvallis in 1856 via the Taylor Ferry Road, the latter having
been blazed through the west hills a few miles south of Portland in 1847.
51.
52.
50. See "Eistorical Interest and Tuality County Archives," File Box No. 1,
envelope marked "Tuality County Court Records," and File Box No. 2,
envelope marked "Canyon Road History, 1848-50." Washington county
courthouse, clerk's basement vault.
53.
54.
!!
See Statesman, August 5, 1851; also Oregonian, January 10, 1852.
Journal of Territorial Court, vol. 1, p. 24, August 18, 1846. Clack-
amas county courthouse, clerk's vault.
Commissioners' Journal, vol. 1, p. 12, July 2, 1855 (old series).
File Box marked "Roads, 1848-60," envelope entitled "Road from Sauvie
Island to Fortland.' Washington county courthouse, clerk's alcove.
15
Historical Sketch
Thus Fortland at this time was linked with the heart of the Willamette
Valley as far as Mary's River near Corvallis. (55)
Covering the earliest years of the county's history, the minutes of
every quarterly meeting of county commissioners record petitions for roads
and reports of road viewers and surveyors. On September 4, 1855 the county
commissioners adopted a report presented by two groups of men who at the
April meeting had been appointed to "view out" routes for prospective roads
from Portland to Powell Valley and to the Sandy River. (56) The routes
adopted were slow to develop into generally passable roads, and travel east-
ward continued for many years largely by the Columbia River waterway, or by
the old Barlow emigrant road out of Oregon City, which did not penetrate
Multnomah County.
On this
An old town map of Portland dating from 1868 (57) indicates the various
roads maintained by the county. The map shows one road running west from
Southwest Jefferson Street (probably the Canyon Road); one running west
from Southwest Yamhill Street through the property of A. N. King; one west
from Southwest Mill Street through Cartor's Addition; two west from Caruth-
ers' Addition through the "high mountains"; Macadam Road, south along the
Willamette; one to the north, following the Willamette from Couch's Addition
(probably to Sauvie Island); one on the east side of the Willamette, approx-
imately along the route now followed by Southeast Powell Boulevard.
map also the area of the original Portland claim is indicated as being
owned by Stephen Coffin, W. W. Chapman, M. F. Chapman, Daniel H. Lownsdale,
Nancy Lownsdale, and Benjamin Stark. Property divisions marked are as
follows: to the north, Couch's Addition, and beyond it land of William
Blackstone, unplatted; to the west Carter's Addition, with land of A. N.
King unplatted; to the south Caruthers' Addition, with land of P. A. Marquam,
F. A. Hoffman, Len Anderson and C. Hammell unplatted. East Portland is
shown as the claim of James B. Stephens, with Wheeler Addition and McMillan
Addition to the north, and the town of Brooklyn about a mile south of
Stephens' claim.
Development of the county's road system was nevertheless slow. The
lack of adequate roads was, in fact, one reason that the growth of outlying
conmmunities was likewise slow. Thus, it was not until 1904 that the town of
Gresham, on petition of its citizens, was granted a charter by the county
court. Two other municipalities, Troutdale and Fairview, situated in the
central part of the county, were not incorporated until 1907 and 1908, re-
spectively. (58) Before the close of the century, however, county roads
had been laid out to accomodate the many farmers who had moved along the
30-mile stretch of bench lands east of the Willamette.
55.
56.
57.
58.
11 in
File Box marked "Roads, 1848-60," envelope entitled "Canyon Road,
Washington county courthouse, clerk's alcove; see also Oregonian,
July 5, 1856.
Commissioners' Journal, vol. 1, pp. 2, 19, April 2, 1855; Sept. 4, 1855.
Map drawn by C. B. Talbot in 1868; now owned by Wakefield, Fries and
Co., realtors. A reprint of the map appears in the Oregon Journal,
Magazine Section, April 10, 1932.
Original Papers of Incorporation, Room 225, Multnomah county courthouse.
- 16
Historical Sketch
For many years the financial maintenarce of county roads was a wholly
local responsibility. Previous to a legislative enactment of 1889 which
levied the first State road tax, roads in the counties of Oregon were main-
tained by the district apportionment system. In April 1855 Multnomah
County commissioners had divided the county into 11 road districts and named
supervisors for each district. (59) Under this apportionment system prop-
erty owners were expected to keep up a proportional stretch of road in their
district. However, the irresponsibility of many owners rendered the system
inefficient and impractical, undoubtedly contributing to the delay of out-
lying development.
Linked with the problem of providing roads in the new country was the
difficulty of establishing mail service. Before the boundary treaty of
1846 between the United States and England, there were no regular or offi-
cial mail connections with the outside world. Letters usually were carried
by private persons, who occasionally but by no means uniformly received pay.
In 1845 the Provisional Legislature had enacted a postal law of sorts, and
in 1847 Congress sought to establish a network of postal routes criss-cross-
ing the western wilderness, including Oregon. However, because of financial
and geographical obstacles, the provisions of neither act were carried out
fully. In the fall of 1847 the United States established a post office at
Astoria, with what were in effect sub-post offices at Vancouver and Oregon
City. Cornelius Gilliam was appointed special agent and John M. Shively
postmaster at Astoria. (60) Settlers in the Multnomah County area had the
choice of getting their mail at one or the other of the latter points, al-
though no official mail deliveries came to Oregon under this act until 1848.
A Congressional act of 1850 provided for the establishment of post
roads in Oregon. (64) That efforts were being made to provide a regular
59.
60.
S
S
The first United States post office in Portland was established on No-
vember 8, 1849 in the home of the first postmaster, Thomas Smith, at South-
west Front Avenue and Washington Street, opposite Pettygrove's store. (31)
There were, however, no official mail deliveries to Oregon from outside the
Territory during the entire year of 1849, possibly because of the general
disruptions caused by the California gold-rush. Not until January 26, 1850
did the first regular mail arrive at the new post office, coming in on the
brig Sequin from San Francisco, where mail bound for Oregon had accumulated
during the preceding year. (62) In June 1850 the steamship Carolina began
carrying the mail between Portland and San Francisco. It was not until the
new Columbia, completed at Astoria just before the close of that year, com-
menced service between Astoria and Fortland in March 1851, that Portland
was favored with a regular monthly mail service. (63)
61.
62.
63.
64.
-
Commissioners' Journal, vol. 1, pp. 7-10, April 6, 1855.
Lockley, op. cit., I, 432, 439; see also Alfred A. Cleveland, "History
of Astoria," Oregon Historical Quarterly, IV, 133.
Bancroft, op. cit., II, 186.
Lockley, op. cit., I, 489.
Bancroft, op. cit., II, 186.
9 Stat. 496.
17 -
Historical Sketch
general mail service is indicated by an advertisement in the first issue of
the Oregonian, December 4, 1850, inserted by D. H. Lownsdale, special agent
of the Post Office Department at Portland, Oregon Territory. He called for
bids for transporting mail on the following routes: from Astoria, Clatsop
County, on the 1st and 15th of each month, arriving at Oregon City on the
4th and 18th, via St. Helens, Portland, Milwaukie, and back; and seven tem-
porary routes: Oregon City to Salem, weekly; Salem to Skinner's (Eugene),
Lene County, weekly; Syracuse and Albany to Marrysville (Corvallis), weekly;
Portland to Lafayette, weekly; Portland, Hillsboro, Yamhill to Nesmith's
(west of Dallas), weekly; Portland, Milwaukie, Oregon City, weekly; St. Hel-
ens to Cowlitz River and to Nisqually, semimonthly.
Nevertheless, it is doubtful whether at this early date such an ambi-
tious schedule was wholly practicable. The Oregonian of December 25, 1852
complained in an editorial of repeated delays in transporting mail from the
states to Oregon. Hereafter, the item stated, the steaner Lot Whitcomb was
to receive the mail at Astoria and bring it directly to Portland. In the
Oregonian of January 1, 1853 E. F. Comfort, postmaster at Portland, adver-
tised a long list of unclaimed letters at that office.
-
In the Oregonian of December 4, 1852 Adams and Company, which had es-
tablished an express and banking house in Portland, advertised regular semi-
monthly express service by the Pacific Mail Steamship Company ships, which
had the contract for bringing the mails to Oregon twice a month. Charles
Stevens, writing from Milwaukie, February 5, 1854, remarked that frequently
the mail did not arrive oftener than once a month and that there was nothing
the people could do but submit to the inconvenience. (65) A meeting of mer-
chants and businessmen was held December 27, 1353 for the consideration of
mail facilities. A resolution was passed pledging support to the Peytona in
opposition to the Pacific Mail Steamship Company, which at that time stopped
its boats at St. Helens. (66)
The rivalry of Fortland and Milwaukie to become the metropolis of Ore-
gon was involved with the development of water transportation. The owners
of the river steamer Lot Whitcomb, which had been launched at Milwaukie in
1850, angered the promoters of Portland by refusing to stop at the latter
town on early trips from Oregon City to Astoria. (67) The owners of the
Lot Whitcomb soon saw the error that they were making, and by the following
year had made Portland a regular port of call. An advertisement in the
Oregonian of December 11, 1852 stated that the Lot hitcomb sailed regularly
between Portland and Astoria, leaving Portland each Monday and Thursday.
The Multnomah made daily trips between Portland and Oregon City.
Before 1850 transportation to San Francisco was by sailing vessel.
that year a group of Portland businessmen purchased an oceangoing steamer,
?!
In
65. "Letters of Charles Stevens, Oregon Historical Quarterly, XXXVIII, 67.
66. See the Oregon Weekly Times, December 28, 1853.
67.
See the Spectator, June 5, 1851.
- 18.
Historical Sketch
the Goldhunter, which they placed in regular service between Portland and
San Francisco. (68) The competition between the various shipping firms of
the 1850's was keen. The Pacific Mail Steamship Company advertised in the
Oregonian of December 11, 1852 passage on the Columbia from Portland to
San Francisco, with cabin at $75 and steerage at $40. The Peytona, which
was put into service in 1853 in opposition to the Pacific Mail Steamship
Company, reduced its cabin price to $60. According to Charles Stevens the
price war had forced the Columbia to reduce its charge for cabin passage to
$10 and for steerage to $5, in February 1854. (69)
In the express business, the Adams and Company's Treasure, Parcel,
Package and Freight Express, and Banking House had extended its service to
the Columbia River in 1852. Advertisements announcing semimonthly messen-
gers by way of the Pacific Mail steamships began to appear in the newspapers
of Portland and Oregon City. In the same year Wells, Fargo and Company were
advertising service from New York to San Francisco, and in a few months ex-
tended their activities to Oregon. After the failure of Adams and Company
in 1855, Wells, Fargo and Company became the dominating power in the ex-
press business on the Pacific Coast. (70)
Land transportation developed to supplement that by water.
John Way-
mire, one of Portland's earliest settlers, started freighting by ox team
from Portland to Oregon City in 1847. (71) This is the earliest record of
a road put to commercial use in the region which is today Multnomah County.
By 1852 Dugan and Company's Express, later taken over by Cram, Rogers and
Company, was connecting Portland and Oregon City with the Umpqua, Rogue
River, and Shasta mines. Its stages transferred goods to the Adams and Com-
pany express at Portland for shipment to San Francisco. (72) After 1855
Wells, Fargo and Company operated stage lines from Portland into the Wil-
lamette Valley and into southern Oregon, traversing the 50-mile route be-
tween Portland and Salem in one day. (73) In 1866 H. W. Corbett ran a
stagecoach line from Portland to San Francisco, (74) but with travel direct-
ly between these two cities conducted principally by steamship this line
was probably of more benefit to way-point travelers than to residents of
Multnomah County.
68.
The situation of early Portland on the west bank of the Willamette
River necessitated easy communication with the opposite side of the river.
The earliest licensed ferry was that operated by James B. Stephens between
his home on the east bank of the Willamette and Portland. Authorization
for this ferry was granted by the Territorial Court at Oregon City in Aug-
69.
70.
71.
72.
73.
74.
Lewis and Dryden's Marine History of the Pacific Northwest; ed. by
E. W. Wright, p. 51.
GIGO
"Letters of Charles Stevens," Oregon Historical Quarterly, XXXVIII, 63.
See explanatory note by E. Ruth Rockwood, editor of "Letters of
Charles Stevens," Oregon Historical Quarterly, XXXVIII, 67.
Lockley, op. cit., I, 413.
See the Oregonian, December 4, 1852.
Carey, op. cit., p. 683.
See the Oregonian, July 20, 1866.
19
Historical Sketch
ust 1846. (75) Rates of ferriage at that time ranged from $1.50 for a
wagon with one pair of horses or oxen, to 6 cents for 100 pounds of
freight not in a wagon. After the establishment of Multnomah County the
county commissioners approved the following rates for Stephens' ferry:
foot passenger, 10 cents; person and horse, 25 cents; wagon and pair of
animals, 62 cents; cart or buggy and one animal, 50 cents. James Stephens
was ordered to pay into the county treasury $10 as a tax for the privilege
of running the ferry for one year. (76) Stephens operated his ferry for a
number of years and later sold it to Joseph Knott. This became Portland's
woll known Stark Street Ferry.
In 1846 the Territorial Court at Oregon City also granted to John
Switzler a license to operate a ferry across the Columbia River between
Fort Vancouver and what is now North Portland. The rates under the Teri-
ritorial license were as follows: foot passenger, 25 cents; man and horse,
75 conts; wagon and yoke of oxen or span of horses, $3. (77) On April 6,
1855 the Multnomah County commissioners allowed the following rates to John
Switzler for ferrying across the Columbia River: foot passenger, 50 cents;
man and horse, $1; wagon and span of animals, $2. John Switzler was ordered
to pay $10 per year for his ferry license. (78) At the same meeting of the
Multnomah County commissioners, Lewis Love was ordered to pay $5 per year
for a license to operate a ferry across the Columbia Slough at his place
on the road to Switzler's.
Ferries provided transportation across the rivers for many years. Al-
though the growth of Portland was confined entirely to the west side of the
Willamette River during the first 40 years of the city's existence, there
developed gradually on the east side of the river several separate towns
which were incorporated independently: East Fortland in 1870, (79) Albina
in 1887, (80) Sellwood in 1887, (81) and St. Johns in 1903. (82) Soon arose
a movement for the consolidation of these towns with the city, which was the
hub of a rapidly growing metropolitan area. At the election of June 2, 1891
(83) the citizens of Portland and of the respective municipalities voted for
the annexation of Albina and East Portland. The annexation of Sellwood came
in February 1893. Sellwood had grown up on the Clackamas-Multnomah county
line, but before this town could be taken into Portland it was necessary for
the Legislature to move the county line south and east at this point in or-
der that Multnomah County might embrace the entire suburb. (84) St. Johns
75. Journal of Territorial Court, vol. 1, p. 24, Aug. 18, 1846. Clackamas
county courthouse, clerk's va.
Commissioners' Journal, vol. 1, p. 45, April 4, 1855.
Journal of Territorial Court, vol. 1, p. 29, Oct. 5, 1846. Clackamas
county courthouse, clerk's va.
Commissioners' Journal, vol. 1, p. 10, April 6, 1855.
76.
77.
78.
79.
L. 1870, pp. 141-158.
80.
L. 1887, pp. 176-181.
81. L. 1887, pp. 209-214.
82.
83.
84.
See the Oregonian, March 29, 1903.
L. 1891, pp. 796-853; see also the Oregonian, June 15, 16, 21, 1891.
L. 1893, p. 78; 1930 0. C. Ann. sec. 26-108.
GRE
20.
Historical Sketch
on the east side of the Willamette north of Portland and Linnton on the
west side, the latter incorporated in 1910, (85) were annexed by election on
June 8, 1915. (86)
The growth of Portland from a small village, some two square miles in
extent on the west bank of the Willamette, to a metropolis which today
straddles the river and embraces an area of 66.86 square miles (87) made
necessary more adequate and convenient transportation across the rivers than
the ferries could provide. The Stark Street ferry, the Albina ferry, the
Columbia River forry, the Sellwood ferry, and the St. Johns ferry each in
turn were replaced by bridges. Several of these were originally operated
as toll bridges or were maintained largely by the city.
As early as 1377 a group of Portland business men, among whom were Wil-
liam Beck, J. W. Brazee, and D. H. Burnside, petitioned the county court for
permission to construct a toll bridge over the Willamette. (88) Because of
the remonstrance of Henry Failing, S. G. Reed, and others against construc-
tion of a bridge the project was dropped for some years. (89) Finally, on
April 7, 1887 the Morrison Street Bridge, first across the Willamette at
Portland, was completed and opened for traffic. (90) For about eight years
the span was financed by private capital and operated as a toll bridge, but
was finally bought by the city on July 3, 1895 for $150,000 and operated
afterward without charge to passengers. (91) Before the Stark Street ferry
was discontinued the owners prevailed upon the city to purchase their prop-
erty, including the ferry and the docks.
85.
The second bridge across the Willamette was one constructed for the
Northern Pacific Railroad under the direction of Henry Villard, which was
opened for rail traffic on July 10, 1888, and for wagon traffic on February
15, 1889. (92) This span was replaced by the present Steel Bridge in 1910.
The Hawthorne Bridge, first known as the Madison Street Bridge, was con-
structed by private capital and opened for traffic on January 11, 1891.
This span was purchased by the city on November 11, 1891 (93) and rebuilt
in 1900. The first Burnside Bridge, on which construction was begun on
November 12, 1892, was completed at a cost of $316,000, and opened to traf-
fic on July 4, 1894. (94) The Broadway Bridge was constructed in 1913.
86.
87.
Original Papers of Incorporation, Room 225, Multnomah county court-
house.
See the Oregonian, June 9, 1915.
Civic Review of Portland, Oregon, 1938-39, published by the City Coun-
cil, p. 55.
88.
Commissioners' Journal, vol. 3, p. 425, April 7, 1877.
89.
Ibid.
Ibid., vol. 3, p. 428, May 9, 1877.
90.
See the Oregonian, April 7, 9, 1887.
Ibid., July 3, 1895.
91.
92.
Ibid., July 10, 1888; February 15, 1889.
93. Ibid., January 11, 1891; November 11, 1891.
94. Ibid., July 4, 1894.
· 21 ·
-
Historical Sketch
An important step was made in 1913 when by a special legislative enact-
ment the county court of Multnomah County was authorized to operate and
maintain all bridges erected, owned by, or leased to the city of Portland
or Multnomah County. (35) A bridge which in part was financed by Multnomah
County was the Interstate Bridge across the Columbia from North Portland to
Vancouver, Washington. A special election was held in the county to author-
ize the bridge bonds in November 1913, (96) and contracts were let for con-
struction the following January. (97) By a legislative enactment of 1915
Multnomah County was given title to this bridge jointly with Clark County
Washington. (98)
Legislation enacted in 1919 authorized Multnomah County to borrow money
to construct and reconstruct bridges across the Willamette River in the city
of Portland and to issue bonds as evidence of such indebtedness. Title to
bridges constructed under this act is vested in Multnomah County. (99) In
accordance with the terms of the act were built the Sellwood Bridge, the
Ross Island Bridge, the new Burnside Bridge, and the St. Johns Bridge. (100)
During the closing decades of the 19th century trade and commerce kept
pace with the growth of the population of both city and county.
Ocean and
river shipping became the most important activity of the county. Railroad
construction, which was begun in the late 1860's, continued until the com-
pletion of connections with the eastern cities and with all points on the
Pacific Coast.
During the 1860's the development of farming in the Willamette Valley
and of both agriculture and mining in eastern Oregon, in Washington, and in
Idaho, greatly increased shipping on the Oregon rivers. The resulting com-
mercial activity, which centered on Portland's Southwest Front Avenue, pro-
duced a number of powerful figures. Captain John C. Ainsworth, Simeon G.
Reed, and Robert R. Thompson by their separate enterprises each had domi-
nated navigation on various stretches of the Columbia and Snake Rivers.
October 18, 1862 this group, known as the "Triumvirate," combined their
several companies and incorporated under the name of the Oregon Steam Navi-
gation Company. (101) Thus was formed a complete monopoly controlling water
transportation into the "inland Empire," especially strategic at a time when
the influx of settlers and miners into the Columbia Basin was reaching large
proportions. By exacting all the traffic would bear in freight and passen-
ger rates, the company made its few stockholders such quick and easy for-
95. 1913 S. L. ch. 141.
96.
Commissioners' Journal, vol. 43, pp. 326, 327, November 12, 1913.
Ibid., vol. 43, pp. 337-342, January 15, 1914.
97.
98.
1915 S. L. ch. 328.
99.
100.
101.
On
1919 S. L. ch. 338.
For bond issues see Commissioners' Journal, vol. 49, pp. 280, 281,
November 29, 1922; p. 284, November 26, 1923.
For the history of the Oregon Steam Navigation Company, see Irene L.
Poppleton, "Oregon's First Monopoly," Oregon Historical Quarterly,
IX, 274-304.
22
Historical Sketch
tunes as to attract the attention of eastern financiers, among them Jay
Cooke. Meanwhile, a group of California promoters also became interested
in the Oregon situation.
In 1865 a group of San Franciscans began making surveys with a view to
constructing a railroad from California to Oregon. To combat the Califor-
nians and to promote their own interests, the powerful "Triumvirate" of the
Columbia River navigation monopoly formed with other financiers in 1866 the
Oregon Central Railroad Company. The Oregon Legislature, on October 10 of
the same year, selected the Oregon Central as the company to receive the
land grant offered by Congress for the construction of a railroad from Port-
land to southern Oregon. However, Joseph Gaston, acting as secretary of the
Portland company, delayed in filing the papers of incorporation. This delay
gave the California group an opportunity to form at Salem a corporation
which also assumed the name Oregon Central, the same name as that of the
Portland company. The California group held the incorporation of the Fort-
land company irregular and void. Although Gaston had been slow in filing
the papers of incorporation, nevertheless he had been the first to file ac-
ceptance of the land grant with the Secretary of the Interior at Washington,
D. C. This extraordinary state of affairs led to extended legal warfare
between the two railroad companies of the same name.
11
The Oregon Central of which Caston was secretary planned construction
of its road on the west side of the Willamette River and became known as the
"West Side Company." The other Oregon Central, promoted by the California
group, was known as the "East Side Company. In the spring of 1868 both
factions broke ground in Portland for the first railroad to be constructed
in Multnomah County. (102) The rival companies fought each other to a
standstill until, in August 1868, all properties of the East Side Company
came under the control of Ben Holladay. The latter already had had a nota-
ble career as operator of the 5,000-mile network of the Overland stagecoach
lines, which he shrewdly had disposed of in 1866 in anticipation of the com-
ing of the railroads. With the advent of Holladay the East Side Company be-
came the stronger, soon displacing the West Side Company and finally absorb-
ing it.
Through the efforts of Holladay, Congress was induced to extend the
time for issuing the land grant, which was to go to the company completing
20 miles of railroad before Christmas 1869. (103) The grant was eventually
made to Holladay's company. On December 24, 1869 he brought his east side
railroad to completion for the 20-mile stretch from Portland to Parrot
Creek, a few miles south of Oregon City. (104)
102.
With the grant now safely in hand, on March 29, 1870 Holladay dissolved
the East Side Oregon Central, making it a part of the Oregon & California
Railroad Company of which already he had complete control. Construction of
the railroad from Portland was completed as far south as Roseburg by Decem-
103.
104.
John T. Ganoe, "The History of the Oregon and California Railroad,
Oregon Historical Quarterly, XXV, 171-235, 330-352.
16 Stat. 47.
See the Oregonian, December 23, 24, 1869.
•
11
- 23
Historical Sketch
ber 1872. (105) This city remained the southern terminus for some
years. Holladay also acquired the controlling stock of the West Side Oregon
Central. The Portland terminus of the east side railroad was near the east
end of the present Steel Bridge. Passengers were ferried across the river
to and from a small station in a two-story building at Southwest Front Ave-
nue and Flanders Street.
The panic of 1873 brought the Holladay enterprises into financial dif-
ficulties. Out of the tangle emerged a new power, Henry Villard, who came
to Oregon in 1874 as agents for German holders of defaulted bonds. An ex-
tremely able man, Villard got matters quickly in hand, almost at once gain-
ing control of the Oregon Central. In 1867 he also acquired the Oregon &
California properties. In the years to follow he became the most important
figure in Portland's railroad history. (106)
In the meantime, eastern interests had been pushing their transconti-
nental railroads westward, although not yet into the Pacific Northwest. In
1879 Villard acquired the controlling stocks of both the Oregon Steam Navi-
gation Company and Holladay's Oregon Steamship Company. Then, together with
J. C. Ainsworth, Simeon Reed, William H. Corbett, and other prominent Port-
land businessmen who had now become his financial subordinates, Villard
formed the Oregon Railway and Navigation Company. (107) With an eye turned
eastward in anticipation of the coming of the Union Pacific, Villard in 1880
built machine shops and roundhouses in Albina. (108) In the same year he
turned over the properties of both the old 0. R. & N. and the Oregon Im-
provement Company, a land and coal subsidiary, to a new company which he
named the Oregon and Transcontinental Company. (109)
With the assistance of eastern capital, Villard formed a pool whereby
he acquired control of the Northern Pacific. Construction was completed on
the railroad along the south bank of the Columbia from Portland east to
The Dalles and Walla Walla in November 1882. (110) In 1883 this stretch of
railroad, a part of Villard's Oregon Railway & Navigation system, was con-
nected with the transcontinental Northern Pacific, which was completed from
Duluth, Minnesota, to Wallula on the Columbia River on September 8, 1883.
Thus Portland received its first rail connection with the east. (111) The
original passenger station of the O. R. & N. Company was situated at the
foot of what is now East Broadway. In 1888-89 Villard constructed Port-
land's first railroad bridge on the site of the present railroad and vehi-
cle span called the Steel Bridge. In 1896, at a cost of $3,000,000, he
built the present Union Station and railroad terminal on the west side of
105.
110.
111.
See the Oregonian, December 18, 1887, for a review of the history of
railroad construction linking Oregon and California.
See Henry Villard, Memoirs, II, 272-302.
106.
107.
108. Lockley, op. cit., I, 933.
Poppleton, op. cit., p. 298.
109.
Villard, op. cit., II, 299.
See the Oregonian, November 23, 1882.
Ibid., September 9, 12, 1883.
24 -
Historical Sketch
the river at the foot of Northwest Hoyt Street. (112) A few years later he
purchased from the school district the block on which the Central School had
stood. (113) In the same year, 1883, he commenced construction on this site
of the Portland Hotel, which was completed in 1890. (114)
To the north, Villard in 1883 closed the gap in the line between Port-
land, Tacoma, and Seattle by building the Northern Pacific from Portland to
Kalama, Washington. (115) Previously passengers who wished to go from Port-
land to Kalama had been ferried across the Columbia River. On the south,
the final link in the Oregon & California Railroad, at last connecting Port-
land with San Francisco, was completed in December 1887. (116) Earlier in
the same year the Oregon & California was sold to the Southern Pacific Com-
pany, thus marking the entry of that company into Portland. (117)
From the time of his arrival in Oregon until 1882, it appeared that
every move made by Henry Villard had been motivated by the special desire to
cultivate the natural advantages which he saw in Portland as a focal point
for commerce and transportation systems. The response of the citizens, and
that of commercial development, to Villard's confidence was such that the
city of Portland experienced a period of unusual prosperity in the decade
from 1873 to 1883.
After the beginning of commercial salmon canning about 1870 that indus-
try gained rapidly in importance. (118) In 1878 exports from Portland, con-
sisting mostly of wheat and salmon, exceeded $13,000,000, and the wholesale
trade of three leading firms alone amounted to nine millions. In the same
year eight ocean steamers, 60 river steamers, three railroads, and about 100
foreign vessels were employed in the commerce of the state, mainly centering
in Portland. Nearly three million dollars were expended in the erection of
residences and buildings in 1882 and nearly four millions in 1883. (119)
From John Waymire's whipsaw pit on Southwest Front Avenue in 1846 and Abram
& Reed's first steam savmill at the foot of Southwest Jefferson Street in
1850, (120) the lumber industry had likewise grown to major importance.
With the acquisition of the Northern Pacific, Villard's railroad inter-
ests grew transcontinental in scope, and, after that road was completed to
the Columbia in 1883, many of the farm products and mineral shipments of
the upper Columbia and Snake River country moved directly eastward across
the continent by rail. The 1884 issue of the Portland City Directory stated
that the ocean commerce of Portland had somewhat decreased because of the
See the Oregonian, February 14, 1896.
Ibid., February 20, 1883.
Harvey W. Scott, History of the Oregon Country, III, 211.
Ibid.
Ibid., IV, 370.
112.
113.
114.
115.
116. Harvey W. Scott, History of the Oregon Country, IV, 358.
117. Ganoe, op. cit., p. 337.
118.
119.
120. Lockley, op. cit., I, 413.
Lockley, op. cit., I, 260.
Bancroft, op. cit., II, 720, 721.
25 G
-
Historical Sketch
vast amount of tonnage which the railroads had displaced. (121) This de-
crease, however, proved temporary and marked a period of readjustment rather
than a set-back for Fortland. For as a result of the increasing competition
among railroads, the farmers and merchants of Multnomah County and of the
State in general benefited by the lower shipping rates that ensued from the
breaking of monopolics.
As Portland is predominantly a commercial and shipping center, a pro-
gram of river and harbor improvements have played an important part in the
community's development. The Federal Government was called upon as early as
1866 to dredge the river from Portland to the Pacific. (122) In 1869, the
year before Portland was made a port of entry, a custom house was estab-
lished. (123) During the same period the United States Army Engineers first
began dredging the Swan Island bar and the mouth of the Willamette. (124)
In 1891 the State of Oregon gave assistance to Portland's shipping trade by
the creation of the Port of Portland, a municipal corporation, first and
largest of a number of similar bodies established by the State for various
Oregon ports. Functioning through a commission of nine men, the Port of
Portland is authorized to improve Portland's harbors and channels to the
sea, to exercise regulatory control of the waters to be improved, and to
provide certain port facilities, such as drydocks, terminals, and towage
service. (125)
The character and scope of the work of the Port of Portland commission
are indicated by the harbor and river improvements undertaken since the com-
mission was set up. Until 1891 ships had experienced great difficulty in
navigating the Oregon rivers. Vessels drawing more than 17 feet of water
had been forced to discharge part of their cargoes at Astoria before follow-
ing the channel into Fortland. The commission took over management of the
city dredge and proceeded at once to build dikes along the Willamette and
Columbia. Furthermore, with the cooperation of the United States Army
Engineers, the commission took steps to improve the ship channels. (126)
By 1907 ships drawing 25 feet were able to pass freely up and down the chan-
nel without awaiting the tide. In 1908 there were 40 miles of wharf front-
age between the south boundary of Portland and the mouth of the Willamette.
(127) In 1911 the commission cooperated with the United States Army Engi-
neers in building the Columbia Jetty, constructed as a protection against
the treacherous bar at the mouth of the Columbia. (128) When Congress in
1914 failed to make sufficient funds available for the project, the Port of
Portland commission appropriated $475,000 to continue the work of the engi-
neers in the construction of the North Jetty. (129)
121. Portland City Directory, 1884, p. 29.
122.
123.
124.
125.
126.
127.
Ibid., p. 17.
Ibid., 1909-10, p. 3.
128.
129. Ibid., 1915-16, p. 4.
Biennial Report of the Port of Portland, 1907, p. 6.
See the Oregonian, June 28, 1870.
Portland City Directory, 1870, p. 7.
Biennial Report of the Port of Portland, 1937-38, p. 5.
Ibid., 1907, p. 5.
-
- 26 ·
Historical Sketch
In recent years the work of river improvement has been carried on
chiefly under the direction of the United States Army Engineers. In 1914
the Federal Government began work on a 30-foot channel to extend from the
city to the sea. (130) The passage by Congress of the Rivers and llarbors
Act of 1930 authorized a 35-foot channel, with a minimum width of 500 feet.
When completed the channel will admit the passage of much larger ships than
Portland docks have yet seen. (131)
In addition to the improvement of the river channel, the commission
has undertaken to bring now industries to the Portland arca. For example,
ship basins have been dredged adjoining the numerous oil company proper-
ties along the Willamette at Linnton. These ship basins have been leased
to the oil industries. (132) Another project of the Port of Portland com-
mission was the filling in of Guild Lake to form land suitable for indus-
trial sites. Before the land reclamation was done, Guild Lake was the site
of Portland's "world's fair," the Lewis and Clark Centennial Exposition of
1905. (133) After the fair buildings were cleared away, the Port of Port-
land filled in the entire area and Guild Lake today is a great water-level
flat offering extensive building sites. In its reports to the Legislature
the Port of Portland describes these sites as ample for all purposes of
normal industrial development. (134)
In 1921 the Port of Portland undertook to carve off the irregular and
troublesome west bank of Swan Island, approximately one mile and a half
north of the old waterfront, in order to straighten and widen the Willamette
River channel into Portland. Disposition of the earth and rock dredged fram
the shore bed was a major problem, solved by dumping the excavated material
onto the island itself. At about the same time certain groups began to urge
the construction of a flying-field, as a result of the prospective develop-
ment of commercial aviation. Accordingly, in 1926 the Port of Fortland was
prevailed upon to level off the formerly swampy and useless island and to
build Swan Island Airport, officially known as the Port of Portland Air-
130. Ibid., 1915-16, p. 4.
131. Ibid., 1929-30, pp. 5, 6.
132.
133.
134.
Biennial Report of the Port of Portland, 1929-30, pp. 5, 6.
See the Portland Telegram, April 22, 1899. Also various issues of the
Oregonian for the year 1905. In 1899 Daniel McAllen and Col. Henry
E. Dosch commenced agitation for a "world's fair" for Portland, and
with the help of Corbett, Pittock and other business and civic lead-
ers, the Lewis and Clark Centennial Exposition Association wes
formed. The exposition opened its gates in the summer of 1905 to
visitors from all parts of the world. Spread out upon the north-
western extremity of the city, the fair buildings fronted upon Guild
Lake.
The log Forestry Building today stands as the only remaining
fair structure. The exposition was looked upon as a triumph in
terms of publicity and as a stimulant to trade, industry and subse-
quent population increases.
Biennial Reports of the Port of Portland for the following years:
1907-8, 1909-10, 1929-30, 1937-38.
***
S
27 -
Historical Sketch
port. (135) By 1939 the commission had expended upwards of three million
dollars in airport improvements and facilities on Swan Island.
The airport at Swan Island was, however, obsolete before it was com-
pleted. In fact, because of unfavorable wind direction together with the
surrounding high bluffs, the U. S. Bureau of Air Commerce denied the port
first class rating. More recently, when the Federal Government instituted
its unemployment work relief program, the port commissioners took advantage
of this opportunity, floated a $300,000 bond issue for the purchase of a
mile-square site, sponsored a W. P. A. project in 1936 and commenced con-
struction of a new airport. The new Portland-Columbia Airport is situated
on open, level country eight miles northeast of the heart of the city, facing
the Columbia River, where it may become a terminal for amphibian aircraft as
well as for land planes. (136)
The construction of a network of trunk highways has fostered in recent
years the development of important land transportation systems. Numerous
passenger-bus companies and motortruck lines converging upon Portland from
every direction today operate at once as competitors and as feeders to rail-
roads and steamships. The Pacific Highway, extending across the Pacific
Coast states from Mexico to British Columbia as "U. S. Highway 99," cuts di-
rectly through Portland and, linking most of the important cities in western
Oregon with the metropolis, forms the most used artery for motor traffic in
the State. Dividing at Junction City in the Willamette Valley, the "99 W"
branch of the Pacific Highway leads northward into Portland on the west side
of the Willamette via McMinnville, while "99 E" enters Multnomah County on
the east side of the river via Salem and Oregon City.
(N
The Columbia River Highway is second only to the Pacific Highway in
commercial importance to Oregon and to Portland, as the former road is the
only connecting link between the eastern and western parts of the state open
for vehicular traffic the year round. As the name indicates, this road
parallels the Columbia River all the way from the Pacific Ocean to Umatilla.
At Pendleton, southeast of Umatilla, the highway connects with the Oregon
Trail. The first part of what is now the Columbia River Highway, the stretch
known as the Sandy Road between Portland and Troutdale at the mouth of the
Sandy River, was ordered to be "viewed" at the meeting of Multnomah county
commissioners held on April 2, 1855. (137) The Legislature of 1857-58 re-
quested Congress to build a military road along this route to Fort Dalles.
(138) However, nothing resulted from this recommendation and it remained
for the coming of the automobile to encourage completion of the road to the
east end of Multnomah County.
135. Biennial Report of the Port of Portland, 1927-28, pp. 4, 6, 7.
136. Ibid., 1935-36, pp. 11, 12.
137.
Commissioners' Journal, vol. 1, p. 3, April 2, 1855.
138.
139.
S
In 1910 E. Henry Wemme, the first man in Portland to own an automobile,
petitioned the county for the construction of a highway east of Portland. (139)
I. 1857-58, p. 10.
Commissioners' Journal, vol. 42, p. 60.
- 28
Historical Sketch
Wemme, with Samuel B. Lancaster, who was appointed assistant highway engi-
neer in charge of the work, and Simon Benson, Portland lumber and hotel man,
succeeded in awakening local interest in the proposition of building a
scenic highway comparable to similar engineering projects in Europe. The
cost of construction of the Columbia River Highway was financed jointly by
Multnomah County and the State Highway Commission. (140) The highway was
opened to traffic on July 6, 1915 and formally dedicated June 7, 1916. (141)
As has been indicated, the chief factor in the development of industry
in the Multnomah County area has been the position of Portland as a shipping
center. Although an account of the establishment and growth of particular
industries or business firms belongs as much to the history of Portland as
to that of the county as such, it is necessary to point out that economic
activity in the county as a whole is of a dominantly urban character. Thus, in
1930 approximately 97 percent of the inhabitants of the county lived in the
metropolitan area. (142) Of the 338,241 persons comprising the total popu-
lation of the county in 1930, slightly more than half that number -- 167,794
were at that time gainfully employed. Only 12.6 percent of those employed,
or about 13,000, were engaged in agriculture. The latter group numbered
about 2,000 more than were employed in forestry and woodworking. Some 700
persons were engaged in fishing and mineral industries combined. Nearly
90,000 were employed in service industries, including professional and semi-
professional work, wholesale and retail trade, and hotel and restaurant
management. It is significant that of the remainder a large group comprising
18,000 was engaged in transportation and communication industries. Approxi-
mately 36,000 were employed in "other industries" or "miscellaneous pursuits."
Although unemployment in the county has risen markedly since 1930, it is not
likely that there has been any basic shift thus far in proportionate occu-
pational groupings.
As an influence upon the commerical activity of the Portland area the
work of the Port of Portland in the past has been of major importance. Of
greater contemporary significance for its probable effect upon the future
economy of the region is the Bonneville Dam, situated on the Columbia River
Highway at the eastern extremity of the county. It is probable that the
utilization of the hydroelectric power generated at the Bonneville Dam will
result of necessity in the increased industrialization of Multnomah County
as well as of outlying districts.
The town of Bonneville was named for Benjamin Louis Eulalie de Bonne-
ville, United States Army captain who explored the Rocky Mountain and Pa-
cific Coast region during the time of Nathaniel Wyeth's operations in the
Columbia River Valley. (143) After the early 1900's when the Bonneville
State Fish Hatchery was established, Bonneville Station became a tourist
attraction for motorists on the Columbia River Highway. Since 1933, how-
140.
141.
142.
First Annual Report of the Highway Engineer, November 30, 1914.
See the Oregonian, July 7, 1915; June 8, 1916.
See Basic Data Survey, Multnomah County, p. 3; also U. S. Census,
Population, III, part 2, 633.
143. Carey, op. cit., p. 297.
- 29.
Historical Sketch
ever, visitors' interest in the hatchery has been dwarfed by the claim on
their attention to the Bonneville Dam project, begun in that year by the
Public Works Administration of the Federal Government under the supervision
of the United States Army Engineers.
The powerhouse, ship locks, and fishway of Bonneville Dam were completed
in 1938 at a cost of over $63,000,000. (144) The powerhouse structure is
designed to house six hydroelectric generating units of 60,000 horsepower
each and one 4,000 kilowatt service unit. The latter and two of the form-
er units are now in operation; the remaining units will be installed as
power needs in the region increase. Provision has been made for future ex-
tension of the powerhouse to ten units. The power plant is expected to de-
velop, at full capacity, 600,000 horsepower. When fully equipped Bonneville
Dam will generate more than 13 million kilowatt-hours per year, or about
one-sixth of the amount of power now being used in the United States. The
66-foot lock, "highest in the world," will admit oceangoing vessels. The
$7,000,000 fishways are regarded as an adequate protection to the Columbia
River fishing industry. These ladders aid the salmon to ascend the huge
mass of concrete as they make their annual migrations from the sea to clear-
water spawning grounds in the higher tributary streams of the Columbia.
Of no less interest than these figures on the physical plant at Bonne-
ville is the effect which the harnessing of hydroelectric resources may
hold for the future of Portland and Multnomah County. A study conducted by
the Oregon State Planning Board in 1936 found that the industrial develop-
ment of Oregon has been limited because too small a proportion of her raw
materials, agricultural, forest, and mineral, are processed or converted
into manufactured goods before being shipped out of the State. The report
pointed out not only a resulting loss to Oregon in wages and industrial
activity, but also an unfavorable trade balance caused by exporting raw
materials and importing finished products. (145) The National Resources
Board likewise foresees in Bonneville Dam and in the Grand Coulee project
in Washington stimulants to agriculture and forestry, in particular, and
industries which process certain minerals, chemicals, and fertilizers.
Agriculture.
Although the population of Multnomah County is predomin-
antly urban in character, with only one-tenth of the inhabitants classed
as rural, agricultural activity in the county has a definite importance.
Supplying the marketing needs of the urban population of Portland are
outlying truck farms, berry farms, and dairies, of which a number are sit-
uated in the county itself.
144.
145.
See Development of the Pacific Northwest Through Bonneville Dam, pre-
pared by the Oregon State Planning Roard, 1937, pp. 5, 6; also
"Bonneville Goes on the Line," Electric Light and Power, XVI,
28-32, December 1938.
See
Oregon Looks Ahead, 1938, (Oregon State Planning Board) p. 13.
also "Bonneville Power for Northwest Industry," by W. W. R. May,
Electrical West, 81, no. 3, pp. 25-27, September 1938, and
"Bonneville and its Proper Place, " interview with Dr. Paul J. Raver,
Electrical West, 83, pp. 27, 28, October 1939.
· 30 -
Historical Sketch
The mild climate of the region allows vegetables to grow until late in
the fall. Charles Stevens in a letter from Portland, dated October 31, 1852,
expressed surprise at seeing radishes and green peas on the market at that
season of the year. (146) He described at some length the agricultural
products of the region, indicating that truck farming was an early occupa-
tion of the settlers.
In 1900 Multnomah County, the smallest in the State, had a total num-
The
ber of 1,276 farms, ranking 12th among the counties of the State.
average size of farms was 80.7 acres, last in rank among the counties; the
total value of farm land was $6,642,490, 5th in rank. Multnomah County
ranked high in the production of vegetables; lst in value of dairy products;
4th in value of orchard products; 11th in value of poultry; 26th in value
of domestic animals. The number of farms operated by owners was 58.3 per-
cent; by part owners, 6.8 percent; by owners and tenants, .03 percent; by
managers, .07 percent; by cash tenants, 28.5 percent; by share tenants,
4.4 percent. The total acreage in farms was 102,926 acres, with 34,196
acres improved. (147)
The rapid increase in population at the beginning of the present cent-
ury and the extension of the boundaries of the city of Portland brought
about more intensive farming in the rural districts of the county. Although
between 1900 and 1930 the total acreage in farms decreased to 76,113 acros,
there was a large increase in the number of improved acres. In 1935 the
total land in farms had increased to 83,139 acres. The number of farms in
Multnomah County increased from 1,733 in 1930 to 2,180 in 1935, although the
average size of farms decreased from 43.9 acres in 1930 to 38.1 acres in
1935. It is possible that this increase in the number of small farms in
Multnomah County represents a considerable number of part time farmers who
are also employed in Portland. Farm operators by tenure were in 1930:
full owners, 1079; part owners, 200; managers, 27; tenants, 409.
The fig-
ures for farm tenure in 1935 were: full owners, 1,479; part owners, 158;
managers, 24; tenants, 579. (148)
S
Religious Affiliation.
The Methodist Episcopal Church was the first
religious group to establish a church in Portland. A missionary, the Rev.
James H. Wilbur, arrived in Portland in June 1847, and in the following
year organized the first church in the area which is today Multnomah
County. The church in Oregon was under the jurisdiction of the mission
board until the Oregon and California Conference was organized on September
5, 1849, on instructions from Bishop Beverly Waugh. The superintendent was
William Roberts. Wilbur, who was assigned by the first Methodist Conference
held in Oregon to the circuit embracing Portland and Oregon City, in 1850
directed the building of the first church in Portland, a wooden structure
146. "Letters of Charles Stevens," Oregon Historical Quarterly, XXXVIII,
146, 147, 1937.
147. Lon L. Swift, "Land Tenure in Oregon," Oregon Historical Quarterly
X, 152, 192-194, 199, 205-211.
United States Census, 1930, Agriculture, Western States, pp. 475-
508; see also United States Census of Agriculture, 1935.
148.
848
.
hall
- 31 -
Historical Sketch
on Southwest Taylor Street near Second Avenue. The Taylor Street Church
was incorporated under the laws of the Territory by the Legislature on
January 26, 1853. (149)
The original Oregon and California Conference held four sessions, the
first three in Salem, the fourth at Portland in 1852. In March of the fol-
lowing year Bishop E. R. Ames arrived in Oregon, and on the 17th the Oregon
Annual Conference including all of Oregon and Washington was organized.
1873 Western Oregon was set off as a separate conference. (150)
In
The Portland District of the Methodist Church was set up in 1867, with
J. F. Devore as presiding elder. Bishop Earl Cranston, who came in 1896,
was the first bishop to establish residence in Portland. The present bishop
in charge of the Portland area, James Henry Straughn, was assigned in De-
cember 1939. There are now 35 Methodist churches in Multnomah County.
The second religious group formally to organize in Portland was the
Congregational Church. In June 1849 the Rev. George H. Atkinson conducted
Congregational services at Portland in a log house which was used as a
shingle factory. In November 1849 the Rev. Horace Lyman settled in Port-
land and began to build up a congregation. Lyman himself cleared a site
on Southwest Second Avenue on which to build his house and the church.
After the buildings were completed, the First Congregational Church of
Portland, consisting of ten members, was organized and the church edifice
was dedicated on June 15, 1851. The Rev. George H. Atkinson was established
as pastor of the church in Portland in 1863, continuing in that position for
some ten years. (151) There are at present 13 Congregational churches in
Multnomah County.
The first movement toward the construction of a Catholic church in
Portland began during the autumn of 1851, under the supervision of the Rev.
Father James Croke. On February 22, 1852 the church at Northwest Sixth
Avenue and Davis Street was dedicated by Archbishop Francis N. Blanchet.
Because this building proved too remote from the people, it was moved in
1854 to a site at Southwest Third Avenue and Stark Street.
In 1862 Archbishop Blanchet moved his residence from Oregon City to
Portland. On July 24, 1846 the Archdiocese of Oregon City, which in-
cluded all of Oregon, had been created with the Most Rev. Francis N.
Blanchet as archbishop. After the archdiocese was divided in 1868, Oregon
west of the Cascade Range retained the name Archdiocese of Oregon City un-
til 1928, when by papal decree the name was changed to the Archdiocese of
Portland in Oregon. There are at present 38 Catholic churches in Multno-
mah County.
149.
150.
151.
William D. Fenton, "Father Wilbur and His Work," Oregon Historical
Quarterly, X, 118, 120, 122.
Bancroft, op. cit., II, 677.
Ibid., 678-680; for 50th anniversary observance see Oregonian, June
16, 1901. Statistics on churches gathered by Oregon Historical
Records Survey.
- 32 -
Historical Sketch
At the eastern city limits of Portland is the site of the grotto and
buildings of the Sanctuary of Our Sorrowful Mother which was begun by the
Servite Fathers in 1923. On the grounds of the sanctuary in 1934 was held
the Marian Congress attended by distinguished guests from many sections of
the country. His Eminence Cardinal Lepicier traveled from Rome to be pres-
ent at the congress. (152)
The First Presbyterian Church in Portland was organized in 1854.
1853 there were five Presbyterian ministers in Oregon, including J. L.
Yantis who had arrived in that year. The Rev. J. L. Yantis took charge of
the church at Portland together with the one he had already formed at Cala-
pooya. Some months later when illness prevented Yantis from continuing
services in Portland, George F. Whitworth, who had recently arrived with
the intention of settling on Puget Sound, was placed temporarily in charge
of the Portland church. On his removal to Washington the church became dis-
organized. About 1860 an effort was made to revive the Presbyterian church
in Portland, Rev. P. S. Caffrey preaching his first sermon in the courthouse
on June 15, 1860. A churoh building was completed at Southwest Third Avenue
and Washington Street in 1864. (153) The Presbytery of Portland, organized
October 13, 1890, includes the counties of Clatsop, Columbia, Tillamook,
Washington, Multnomah, Clackamas, Hood River, Wasco, Sherman, and part of
Yamhill. There are at present 32 Presbyterian churches in Multnomah County.
A Baptist congregation was gathered in Portland by Hezekiah Johnson
in the early 1850's, but it was not until June 1860 that a resident Baptist
missionary, Samuel Cornelius, appointed by the American Baptist Home Mis-
sion, arrived in Portland. By January 5, 1862, the first Baptist church
building was occupied for religious services. (154) In Multnomah County
there are now 22 Baptist churches.
The first missionary of the Protestant Episcopal Church came to Port-
land from the east in 1851 and organized a church in Portland. At a meeting
of the general convention held in New York in October 1853, Thomas Fielding
Scott of the diocese of Georgia was elected missionary bishop of Oregon and
Washington. Trinity Church was consecrated September 24, 1854, a few months
after the arrival of Bishop Scott who continued to be bishop of this diocese
until his death in 1867, (155) There are at present 14 Episcopal churches
in Multnomah County.
152.
153.
In
The Jewish congregation Beth Israel of Portland, the first in the
Northwest, was issued a charter on June 13, 1858. The first meetings were
held in Burke's Hall. The first building, erected at Southwest Fifth
Avenue and Oak Street, was dedicated in August 1861. At present there are
7 Jewish congregations in Portland.
See the Catholic Sentinel, Centenary edition, May 4, 1939.
Bancroft, op. cit., II, 681; see also Pacific Christian Advocate,
July 27, 1876.
Bancroft, op. cit., II, 682.
154.
155. Ibid., II, 686.
33.
Historical Sketch
The Evangelical Lutherans organized a church in Portland in 1867,
under the direction of A. Myres of the general synod. A house of worship
was erected in 1869, the first Lutheran church in Oregon. There are at
present in Multnomah County 24 Lutheran churches, including organizations
of various national groups.
The First Unitarian Church of Fortland, incorporated in 1865 by
Thomas Frazier, E. D. Shattuck, and R. R. Thompson, was the first of that
denomination in the State. Its first pastor was T. L. Eliot.
Other church organizations active at present in Portland are: the Ad-
ventist; the Apostolic Faith Mission, whose world headquarters are in Port-
land; the Church of Christ, Scientist; the United Brethren; the Disciples
of Christ; Friends; and the Latter Day Saints. The census of religious
bodies in 1926 reported the following church membership in Multnomah County:
Adventists, 1,513; Baptist, 7,083; Christian Scientist, 1,695; Congrega-
tional, 3,494; Disciples of Christ, 2,957; Evangelical, 833; Friends, 747;
Latter Day Saints, 3,199; Lutheran, 3,601; Methodist, 10,266; Presbyterian,
9,657; Protestant Episcopal, 3,515; Roman Catholic, 27,872; others,
21,537. (156)
J
Schools. In Multnomah County, as in nearly all pioneer communities of
the State, the earliest schools were small private institutions.
The pub-
lic school system did not develop until, with the increase in population, a
sufficient tax base had been evolved.
The first school in the area which is today Multnomah County was opened
in Portland in the fall of 1847 in Job McNemee's log cabin at Southwest
First Avenue and Taylor Street. The school, taught by Dr. Ralph Wilcox,
continued for three months. In the spring of 1848 Miss Julia Carter (later
Mrs. Joseph S. Smith) opened a school in a log cabin on the corner of
Southwest Second Avenue and Stark Street. It was continued for one quarter
only and served some 35 pupils. Miss Carter's school was followed during
the winter of 1848-49 by one in the "cooper shop," conducted by Aaron J.
Hyde. (157) The "cooper shop" was a building constructed in 1847, one
block north of the McNemme cabin, on Southwest Front Avenue. It was var-
iously used as a public hall, a "Christian sanctuary," a Sunday school,
and a day school.
The rate-bill schools continued during the early years of Territorial
Government to be the only schools. A public school system supported by
general taxation did not develop until the 1850's. In December 1849,
Horace Lyman opened his classes in the "schoolhouse," a building constructed
by Colonel William King on the west side of Southwest First Avenue, near
Oak Street. This building was put up purposely for school and church usc.
156. United States Census, Religious Bodies, 1926, I, p. 664, 665; also
"Oregon Church Directory." Files of the Oregon Historical Records
Survey.
157. Charles N. Reynolds, "Portland Public Schools, 1845-71," Oregon
Historical Quarterly, XXXIII, 335, 336.
- 34 -
Historical Sketch
Lyman reported an enrollment of 40 pupils. School teaching next was at-
tempted by Cyrus A. Reed, who opened classes in the "schoolhouse" in
April 1850, enrolling 62 pupils. The usual rete for tuition was $10 per
term per pupil. Reed's school, which lasted but three months, was followed
in August by another taught by Delos Jefferson, and in December 1850 by one
in charge of the Rev. Nehemiah Doane. (158)
Support given one private school after another indicated a popular be-
lief in education, and, as a consequence, steps were taken by the Territor
rial Government to provide a system of public schools. Thus, when organized
in August 1848, Oregon Territory cooperated with the Federal Government in
setting aside sections 16 and 36 of each township for school purposes. (159)
For his efforts to establish a system of public education in the new Terri-
tory, Oregon is greatly indebted to Dr. George H. Atkinson, who first came
to Oregon in 1848 as a representative of The American Home Missionary So-
ciety of the Congregational Church. In fact, the first school books to ar
rive in Oregon were those which Atkinson brought with him. (160) At the
request of Governor Lane, Doctor Atkinson prepared the first public school
law and also provided the statements concerning educational policy included
in the Governor's message delivered before the first Territorial Legislature,
July 17, 1849. (161) The Territory's first school law, passed by the Legis-
lature on September 5, 1849, provided for a school tax, for a board of exam-
iners in each county to determine the qualifications of prospective teachers,
and for the division of the Territory into school districts. (162) In 1851
this law was amended to provide for the election of a school board in each
district.
As the result of a campaign by a number of prominent Portland citizens
for a public school, John T. Outhouse, a young man 22 years of age, was
selected to teach classes in the same old building known as the "school-
house," at Southwest First Avenue and Oak Street. In addition to giving
the date of opening classes, the announcement in the Oregonian of Decem-
ber 6, 1851, stated that "Saunder's Readers and Spellers, Goodrich's Geo-
graphy, Thompson's Arithmetic, and Bullion's Grammar" would be used as
texts. The enrollment numbered 20 pupils. The board of directors under
whose direction this public school was organized included Alonzo Leland,
Reuben P. Boise, and Anthony L. Davis. (163)
The cost of operation of the public school was covered in part by
taxes voted in accordance with the educational act and in part by $800
158.
159.
160.
161.
162.
163.
History of Education in Portland, ed. by Alfred Powers and Howard
McKinley Corning, pp. 2, 3.
9 Stat. 869.
R
"Diary of Reverend G. H. Atkinson," ed. by E. Ruth Rockwood, Oregon
Historical Quarterly, XL, 267.
T. H. Crawford, "Historical Sketch of the Public Schools of Portland,
Oregon, 1847-38," Portland Public Schools, Report, 1887-88, pp. 4-18.
L. 1850, p. 66 ff.
History of Education in Portland, pp. 15, 16.
35
Historical Sketch
secured from the county school fund appropriated by the Legislature. (164)
In order to obtain funds for the second year, citizens of the district at
a meeting on the first Friday of November voted to raise $1,600 by tax-
ation. (165)
At the beginning of the third term in 1852, increase in attendance
necessitated the hiring of an additional teacher. With the approval of
citizens of the district at the meeting in November 1852, the school was
divided into two units. Mr. Outhouse, ro-hired at the same salary of $100
a month, taught the advanced scholars in the old "schoolhousc."
Miss
Clarke, at a salary of $75 a month, taught the second unit in a building
on Southwest First Avenue. Outhouse continued his classes until March
1853, and when he left for other work no one finished out his term.
Clarke taught, however, until late in the summer of the same year. After
that there was no further attempt to conduct free education for two full
years. (166)
Miss
Portland, until the creation of ultnomah County on December 1854,
was in Washington County. Horace Lyman, and later J. M. Kecler superintend-
ent of schools for Washington County, supervised Portland schools. In
January 1855 L. Limerick was appointed first superintendent of schools for
Multnomah County. He was succeeded by . F. Boyakin, who was elected in
June 1855. (167)
In March of the same year the city was divided into two school dis-
tricts, with Southwest Morrison Street as the dividing line. The south
district opened a school in the autumn of 1855 under the charge of J. M.
Keeler. Colonel Keeler himself saw the futility of a divided district,
and, after closing his school the following spring, advocated the estab-
lishment of a single school district for all of Fortland. In the older
district, the board hired as teacher Sylvoster Pennoyer, who was later
Governor of the State of Oregon. Ponnoyer opened his school in the fall
of 1855, teaching for six months.
With the closing of these two schools enthusiasm died for both dis-
trict experiments. No public school opened again until the completion of
the Central School, which was constructed at Southwest Sixth Avenue and
Morrison Street during the years 1857-58. First classes in the new build-
ing were held on Monday, May 17, 1858, with L. L. Terwilliger as principal
and teacher of the intermodiate section. The other two teachers were Mrs.
Mary J. Hensill and Owen Connelly. The total registration as given in the
principal's report of July 23, was 280. (168)
The years from 1858 to 1869 marked the gradual development of the
grade school system, with full courses offered for primary, intermediate,
Reynolds, op. cit., p. 339.
164.
165.
166.
167. History of Education in Portland, p. 21.
168. Reynolds, op. cit., p. 341.
See the Oregonian, November 20, 1852.
Reynolds, op. cit., pp. 339, 340.
K
· 36 ·
Historical Sketch
and upper grades. In 1869 there were five public schools, all of grammar
grades, in Portland. The population of the city numbered 9,000 persons, of
whom 870 were pupils in the public schools. (169)
Following the development of the grammar schools there arose a demand
for a high school. On Monday, April 26, 1869, Portland High School was
opened in two rooms of the North School, a building which had been construc-
ted in 1868. (170) The first enrollment numbered 45 pupils. The principal
was J. W. Johnson, A. M., later the first president of the University of
Oregon. The high school was housed in several different grade school build-
ings until 1885, when the Portland High School building at Southwest Four-
teenth Avenue and Morrison Street was completed. (171)
Even during the 1860's and 1870's, however, many students continued to
attend private schools. These schools registered a greater proportion of
children of secondary age than of primary age. But they also enrolled chil-
dren for the primary grades and were distinctly competitors of the public
schools. In 1871 there were soine 250 pupils enrolled at the Portland Acad-
emy and Female Seminary, the Methodist school which had been founded through
the efforts of the Rev. James H. Wilbur in 1851. (172) There were also
about 250 pupils at St. Mary's Academy, the Catholic institution founded in
1859 by the Sisters of the Holy Names of Jesus and Mary. (173)
(173) St. Helen's
Hall, founded by the Episcopal Church, opened in Portland in 1869, having
had at the end of its first year an attendance of over 100. (174) The
Bishop Scott Grammar School, the Episcopal institution for boys, cared for
some 80 pupils during the year 1871-72. (175) Other institutions, such as
the Hebrew and German schools, the business college, and other private
schools, enrolled about 180 more. In all, at the beginning of the 1870's
there were close to 850 children enrolled in private and denominational
schools and about 915 attending the public schools in Portland. (176)
169.
170.
171.
172.
173.
174.
175.
176.
177.
In the decade of the 1870's the enrollment of the public schools of
Multnomah County increased rapidly, while the attendance at private schools
tended to remain stationary. The Biennial Report of the State Superintend-
ent of Public Instruction for 1876 included statistics on school attendance
in Multnomah County. There were enrolled in the public schools during that
year, 3,863 pupils, or a little over 60 percent of the whole number of chil-
dren between the ages of 4 and 20 years reported in the county. (177) The
other children were attending private schools or were not registered in any
school. For purposes of comparison, the school statistics for Multnomah
Làm
History of Education in Fortland, p. 74.
See the Oregonian, May 5, 1869
History of Education in Portland, pp. 74, 85.
Ibid., pp. 57-73.
Ibid., pp.
pp. 99-104..
Ibid., pp.
pp. 117-121.
Ibid., pp. 122-126.
ܚ
Reynolds, op. cit., p. 346.
History of Education in Portland, p. 50.
- 37 -
Historical Sketch
County for 1938-39 may be quoted at this point. In the 30 districts of
Multnomah County there were 1,105 elementary teachers, 4 junior high school
teachers, 582 high school teachers, 36,502 elementary pupils, 162 junior
high school pupils, and 19,520 high school pupils. (178) Portland figures
for Catholic school registration in the fall of 1939 show 3,528 pupils in
27 grade schools and 840 students in seven high schools, with a total of
231 instructors handling the total of 4,368 students. (179) Other Portland
private secondary schools had a registration in 1938-39 of 737 high school
students. (180)
A number of colleges under private auspices have been established in
Multnomah County. On September 23, 1891 the Methodists opened Portland
University in temporary quarters. Before the end of the spring term their
new building, West Hall, located on the present campus of the University of
Portland, was completed. The college, beset by financial difficulties, con-
tinued in Portland until 1899, when it was combined with the College of
Puget Sound and moved to Tacoma. (181)
The present University of Portland was founded under the name Columbia
University in 1901 by the Most Rev. Archbishop Alexander Christie, who had
purchased the property from its former owners. The earliest faculty of the
university was composed of diocesan priests and lay teachers. At the close
of the first scholastic year the school was transferred to the Congregation
of the Holy Cross. The institution is still under their direction. Although
this school opened as a university, early instruction was principally at
high school level. The incorporation of the junior college occurred in 1911.
At the present time the University of Portland is an accredited four-year
college. The name Columbia was changed to University of Portland on February
15, 1935. (182) The university also conducts a college of nursing in con-
nection with St. Vincent Hospital.
Reed College, a co-educational college of arts and sciences, opened in
the fall of 1911, and was named for its principal benefactors, Mr. and Mrs.
Simeon G. Reed. (183) To date Reed has had four presidents: William T.
Foster, 1911-19; Richard F. Scholz, 1921-24; Norman F. Coleman, 1924-34; and
Dexter M. Keezer, who came in 1934. The total number of graduates during
the first 25 years of Reed's existence was 1,031. (184)
178.
179.
180.
181.
182.
183.
184.
185.
St. Helen's Hall, which has been operated by the Episcopal Church as
a school for girls since 1869, opened an accredited junior college depart-
ment in the fall of 1932. (185)
Oregon School Directory, 1938-39, p. 6.
See the Catholic Sentinel, November 30, 1939.
200
Oregon School Directory, 1938-39, p. 8.
History of Education in Portland, pp. 144-157, 205.
Ibid., pp. 189-195.
For an article on the endowment see the Oregonian, June 1, 1904.
History of Education in Fortland, pp. 205-217.
Ibid., p. 120.
. 38.
Historical Sketch
The Oregon Institute of Technology, of which Multnomah College is the
collegiate division, had its origin in the college preparatory, vocational,
and adult evening classes opened by the Portland Y. M. C. A. as early as
1884. In 1920 the institute was granted a university charter. At that
time a degree-granting college of engineering was opened. In 1931, follow-
ing a survey of needs for additional higher educational facilities in the
city of Portland, a co-educational junior college was established.
In
March 1937 the board of managers of the institute decided to discontinue the
college of engineering and to name the junior college "Multnomah." (186)
The most recent addition to Portland's group of private institutions of
higher education is Albany College. Until the summer of 1939 the main col-
lege campus was located in the city of Albany, where this institution had
been founded in 1867 under the auspices of the Presbyterian Church. In the
summer of 1934 a junior college unit of Albany College was established in
the city of Fortland. During the summer of 1938 the four-year unit of Al-
bany College was moved to Portland and combined with the junior college. (187)
Portland Extension Center, a unit of the State System of Higher Educa-
tion, conducts in Portland classes of standard college or university grade
by which resident credit may be earned. Although officially the Portland
Center began its career in 1917, the work had started in the fall of 1912
with instructors contributing their time in addition to their regular duties
on the campus of the University of Oregon at Eugene. (188) From a small be-
ginning in the fall of 1912 the center has grown to a unit offering during
the year 1939-40 a total of 144 evening, late afternoon, and Saturday morn-
ing classes in 28 different departments and professional schools. (189)
186.
187.
188.
189.
Situated in Portland also is the University of Oregon Medical School,
which has been in continuous existence since 1887, when it was established
by a charter from the regents of the university. On September 1, 1913 the
Willamette University department of medicine was merged with the University
of Oregon Medical School, leaving the latter institution the only medical
school in the Pacific Northwest. Prior to 1919 the Medical School was
housed in a three-story building at Northwest Twenty-third Avenue and Love-
joy Street near Good Samaritan Hospital. (190) In 1919 the school was
moved to a 20-acre tract deeded in 1914 to the regents of the university by
the Oregon-Washington Railroad and Navigation Company. The campus was en-
larged in 1924 by the addition of Sam Jackson Park, an adjoining tract of
88 acres, a gift of Mrs. C. S. Jackson and Mr. Philip Jackson in memory of
the late C. S. Jackson. The elevated site, overlooking the city and the
Willamette River, isolated from noise and smoke but within convenient
190.
P
Multnomah College Annual Catalog, March 1939.
Albany College Bulletin, Catalog Number, June 1939.
History of Education in Portland, p. 218.
See Preliminary Announcement, Portland Extension Center, Oregon
State System of Higher Education, 1939–40.
For the history of early medical education in Oregon see 0. Larsell,
"The Development of Medical Education in the Pacific Northwest,"
Oregon Historical Quarterly, XXVII, 65-112.
- 39
39 -
Historical Sketch
distance from the business center, affords a suitable setting for the medi-
cal school buildings and affiliated hospitals. These include the Multnomah
County Hospital, the Tuberculosis Pavilion, and the Doernbecher Memorial
Hospital for Children. In 1926 the United States Government began construc-
tion of a Veterans' Bureau Hospital on a 25-acre tract deeded by the Medical
School.
Newspapers. From earliest pioneer times the newspapers of Oregon have
not only reflected but also influenced public opinion. Oregon's construc-
tive pioneer era opened in 1842, and the first newspaper, the Oregon Spec-
tator, appeared at Oregon City in 1846. The Oregonian of Fortland, founded
as a weekly in December of 1850, became a daily in 1861. It is today the
oldest surviving newspaper west of Iowa and Missouri, with the exception of
the Deseret News of Salt Lake City. The first edition of the latter paper
was issued six months earlier than the Oregonian. (191) The files of the
Oregonian form a continuous narrative of 89 years and, as a source of Ore-
gon history, are a most valuable record. Reports of December 1939, listed
the daily circulation of the Oregonian as 111,451 and the Sunday circulation
as 147,450,
104
The founding of the Oregonian in 1850 was one expression of Portland's
effort to become a metropolis and to forge ahead of its rivals, Oregon City
and Milwaukie. Thomas J. Dryer was editor until 1861. In that year Henry
I. Fittock took over the management of the Weekly Oregonian, assumed its
debts, and on February 4, 1861 began publication of the daily Morning Ore-
gonian. Two daily papers already were being published in the town of only
3,000 persons, the Advertiser and the Times. The Advertiser was suppressed
in 1862 by the Government for utterances against the war policy. The Times
continued publication until 1864. (192) More than 30 newspapers have been
launched in Portland but, in addition to the Oregonian, only the Oregon
Journal survives.
192.
D
Newspapers of the early day took strong stands on political questions
and were expected to be partisan organs. Oregon's most influential editors
in the 1850's were Thomas J. Dryer of the Oregonian, William L. Adams of the
Oregon City Argus, and Asahel Bush of the Statesman, a paper first published
at Oregon City and later at Salem. The editorial broadsides fired by these
writers were full of invective and satire.
BENJI KAŤ
S
The Oregonian's vigorous support of the Federal cause in the crisis of
the Civil War aided it to outstrip its rivals. From 1865 until his death
in 1910, with the exception of the five years he acted as collector of
191. Leslie M. Scott, "The Oregonian Newspaper in Oregon History," Oregon
Historical Quarterly, XXIX, 225. For the history of the Oregonian
see also George S. Turnbull, History of Oregon Newspapers,
pp. 56-74, 81-84, 198-203.
n
Leslie M. Scott, "The Oregonian Newspaper in Oregon History. Oregon
Historical Quarterly, XXIX, 228, 229.
- 40
Historical Sketch
customs in Portland, Harvey W. Scott, the most noted newspaperman in Oregon
history, was editor of the Oregonian. (193)
In the 1850's news from the outside world came at irregular intervals
by boat from San Francisco to Portland. In 1858 a telegraph operated be-
tween Sacramento and Yreka, but inasmuch as Oregon's one wire service, that
built between Portland and Corvallis in 1856, shortly fell into disrepair,
dependence for news was on the stage service. The distance between Yreka
and Portland was 400 miles and the stage's running time was four and a half
days. (194) In 1864 Oregon and California were connected by telegraph but
the high rate of charge for news dispatches not only kept all newspapers in
debt but also actually contributed in great part to the failure of many of
the Oregonian's early rivals.
H. L. Pittock of the Oregonian founded the Portland Telegram, an even-
ing paper, issuing the first edition on April 16, 1877. Shortly thereafter
the ownership of the paper was placed in the hands of a corporation of Port-
land businessmen, but during its early years the paper's policy continued
to be influenced by the Oregonian. After operating with varying success
over a period of years the Telegram was sold to the Portland News in 1931.
(195) The Portland News, a member of the Scripps-Howard national chain of
newspapers, was founded as the East Side News, first issued on September 24,
1906. (196) The combined News-Telegram suspended publication on August 21,
1939.
GORÍAN-A PA
The Oregon Journal had its beginning in a campaign paper started by
A. D. Dowan, called the Portland Evening Journal and first issued on March
10, 1902. Sam Jackson, successful Pendleton publisher, who was building up
the East Oregonian of that city, bought the Evening Journal on July 23, 1902
and named it the Oregon Journal. Sam Jackson made the Journal into a suc-
cessful and influential paper. (197) Reports of December 1939, listed the
daily circulation of the Oregon Journal as 101,018 and Sunday circulation
as 107,703.
193.
The Catholic Sentinel, a weekly paper first issued in Portland in 1870,
has been published ever since. The files of this paper form a valuable
record of the history of the Catholic Church in Oregon. (198)
-
Political Trends. When Multnomah County was organized, Franklin Pierce
was President of the United States. Territorial politics in Oregon from
that time until 1359 were in control of Joseph Lane and Lafayette Grover,
194.
See the Oregonian, July 16, 1933, article written by Henry E. Reed on
the occasion of the dedication of the Scott memorial.
Leslie M. Scott, "The Oregonian Newspaper in Oregon History," Oregon
Historical Quarterly, XXIX, 231.
195. George S. Turnbull, History of Oregon Newspapers, pp. 177-181.
196. Ibid., pp. 194-198.
197.
Ibid., pp. 187-193.
198.
See the Catholic Sentinel, Centenary edition, May 4, 1939, p. 64.
· 41.
Historical Sketch
leaders of a group of Democrats known as the "Salem Clique" whose influ-
ential spokesman was Asahel Bush of the Salem Statesman. (199) The Whig
opposition of the early 1850's, by no means silent, had an equally able
spokesman in Thomas J. Dryer, editor of the Oregonian. The newspapers of
the day show that people were deeply concerned with politics and that they
were violently partisan. (200)
The influence or Dryer and the Oregonian is demonstrated by the elec-
tion of June 1854, in which the Whigs carried Washington County, then in-
cluding what is now Multnomah County, by an average majority of 60. There
were cast in the city of Portland at that election 305 votes for David
Logan, Whig candidate for representative in the Territorial Legislature, to
226 for D. H. Belknap, Democratic candidate.
In the campaign before the June 1855 election, the Statesman for the
Democrats, and the Oregonian for the Whigs, exhausted the vocabulary of in-
vective and abuse in speaking of their opponents. In that election, how-
ever, Multnomah County gave Lane, Democrat, 340 votes, and Gaines, Whig,
267 votes for Delegate to Congress. (201)
By 1859 the grip of the "Salem Clique" had begun to dissatisfy many
citizens, and the rising slavery issue was causing dissension among the
Democrats themselves. On April 21, 1859 a group of men, including such
as H. W. Corbett and Simeon Francis, distinctly anti-slavery in sentiment,
met at Salem and formed a political organization supporting the three-year-
old Republican platform. The groundwork for a Republican party organization
had been laid as early as 1856. The Republican party's first candidate for
Congressman was David Logan, a Portland lawyer, and Logan lost to the Demo-
cratic candidate by only 16 votes in the election of June 27, 1859. That
Multnomah County voted for Logan by a large majority may be taken as indica-
tive of the temper of the people of the county concerning the chief issue
of the day. The voters of Multnomah County, moreover, overwhelmingly sup-
ported Abraham Lincoln for the presidency. (202) In the crisis of the
Civil War the Oregonian was vigorous in its support of the Federal cause.
Subsequent to the Civil War the Oregonian, under the editorship of Harvey W.
Scott, remained staunchly Republican and both reflected and influenced the
political opinions of the voters of the county.
C
S
Although a larger number of Republican candidates have been elected by
voters of Multnomah County during its history, Democrats have at times won
sweeping victories as is evidenced by some of the following statistics. In
the election of 1896, Multnomah County gave McKinley a 5,371 majority over
Bryan; (203) in 1920, voted 44,482 for Harding and 27,142 for Cox; (204) in
Harvey W. Scott, History of the Oregon Country, V, 41.
See the Oregonian, November 6, 1920.
199. Carey, op. cit., p. 524.
200.
201.
See the Oregonian and the Statesman issues of the decade of the 1850's.
Ibid., pp. 9, 10.
202. Carey, op. cit., pp. 528, 631, 634-636.
203.
204.
42.
Historical Sketch
1932, voted 47,201 for Hoover, 78,898 for Roosevelt, 5,348 for Thomas; (205)
in 1936, voted 106,561 for Roosevelt, 41,405 for Landon, 3,358 for Lemke.
(206) Third parties, while perenially in the field in Multnomah County, have
never gained appreciable popular support.
Population and Racial Distribution. The total population of Portland
was given by the census of 1930 as 301,815 persons; the population of Mult-
nomah County as 338,241 persons. (207) The county population was divided
as follows into urban and rural groups:
England
Scotland
Urban.
Rural farm
Rural non-farm
Racial distribution of the population of the county was as follows:
Native White
Foreign White
277,377
53,635
Negro
1,634
Indian
174
Chinese
Japanese
Mexican
All other
Wales
North Ireland
Irish Free State
Norway
Sweden
Denmark
Netherlands
Switzerland
France
The foreign-born white population was divided as follows according to
country of origin:
4,551
2,127
310
572
1,136
3,353
5,588
1,499
444
1,725
488
301,815
6,349
30,077
Oregon Blue Book, 1933, p. 152.
1,471
2,694
189
567
..
Germany
Poland
Czechoslovakia
Austria
Yogoslavia
Russia
Finland
Italy
Canada, French
Canada, other
All other
5,893
1,409
745
898
828
4,701
1,547
3,326
584
8,596
3,315
205.
206. Ibid., 1940, p. 193.
207.
United States Census, 1930, Population, vol. III, pt. 2, pp. 620, 621,
622-624, 630, 631.
54° 40
- - - SOUND
MHI
LL
Willamet
Riv
8.
ج
سا
Lati
/
R
Columbiy
••
CHAM
TUALITY
21
Fras
تے
P
43
ابل
با
Map (1)
زما
-

A
КАМ
A S
E G
District Organization
Provisional Government
Fork
ہیں۔
SUMMIT
under
}}
Clark
July 5, 1843
ROCKY
now

A
TAINS
d
44
Pacific Ocean
C
O
S
Clatsop
WESTERN OREGON DECEMBER 22, 1854
Map (2)

HHHH @ E O O M
T
i
1
1
a
}
1
Benton
Umpqua
0010
W
a
Polk.
1
Yamlill
که به که × 30
m
b
i
b
a
i
а
R
on?
iver
Multnomah
Douglas
Jackson
Mario n
Linn
Lane
Multnomah County
created
December 22, 1854
Clackamas
༤ །.
the
Cascade
Range
Fr
Summit
10
}
t
·
-
45
}
•
WILLAMETTE RIVER
ľ
-1
1
---
ORTLAND
COLUM
****
•
Multnomah County 1940
O
ܐ܂
Å
Fairview
H
•
Troutdale
Gresham
--
Incorporated towns
---
RIVER
in the
FARUKUTE
EONNEVILLE
DAM
TIDE
•
juh
17111
ME! Z
QUESTI MAREL KWEST
SVEKKEEVERAGE
î
MT. HOOD
DOD
NATIONAL
FOREST
Map (3)
·


46
-
Mɛp (4)
State of Oregon
น
Ꭹ
с
0
O
S
Clatsop
L.
1
C
Tilla Wash
mookrington
ji
•A•HAO
p.-.
n
O
1
որ
Col-
umbia
Yamhill
Polk
...Ben
ton
Jose-
O Portland
Mar
Douglas
Linn
L a ne
in
Clackamas
phine Jackson
---
Ifultnomah County

• wững • #n
Hood
Riv
er
E o s
W
. ما
с
1
1
M
1
a
i
n
Jeffersonị
Klamath
CCOLE • S
Bort At Hort as
L.
Deschutes
T
3COOHO
¡Lake
W
h
е
Crook
e
£.
O
i. w
r
ๆๆๆ
Agend
-***
1. Umatilla
Union
Grantj
Harney
Wallow a
Bake
!
؟
Malheur
1

47.
S
Legal Status of the County. The county in Cregon is a body politic,
charged with the performance of certain duties in behalf of the State. In
carrying out its functions the county has power to sue and be sued, to pur-
chase and hold for its use the lands within its boundaries, to hold personal
property, to enter into contracts, and to perform all the necessary acts re-
lating to the business of the county: (1) An opinion of the Oregon Supreme
Court has specified that the county is not a private corporation but a po-
litical agent of the State, created by law for governmental purposes. (2)
Creation of New Counties. The State Legislature has plenary power to
create new counties at its pleasure, provided that no county is reduced to
an area of less than 400 square miles or to a population of less than 1,200
inhabitants. (3) Since 1913 the law has required that the new county have
an assessed valuation of not less than $2,000,000. (4)
The procedure of citizens for setting up a new county has been regu-
lated by law. A petition naming the new county, and signed by a majority
of the legal voters of the area to be incorporated, is submitted to the
county court of the county affected. (5) If it appears to the county court
that the area and population of the proposed county comply with constitu-
tional provisions, and that the county to be established has an assessed
valuation of not less than $2,000,000, it is the duty of the county court
to order the question to be submitted at the next general election for de-
cision by the legal voters of the county. (6) In order for the proposal to
carry, 65 percent of all the legal voters in the new parts must vote in the
affirmative; and 35 percent of all the legal voters in the parts not an-
nexed to the new county must vote in the affirmative. If the measure is
successful, the Governor issues a proclamation creating the new county or
indicating the change in the boundaries of the old counties. (7)
3.
When a new county has been established, the county court fixes the tem-
porary county seat. The permanent county seat is determined by the people
at the first general election. (8)
4.
GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM
1.
L. 1854, Deady, p. 672; 1930 0. C. Ann. sec. 27-101.
2. 53 Ore. 124. For a discussion of the county as a quasi-corporation see
R. K. Gooch, Manual of Government in the United States, p. 708 ff.
Const
Const. art. XV, sec 6.
L.
1913 S. L. ch. 10; 1930 0. C. Ann. sec. 26-201, as amended 1935 S.
ch. 321.
5.
6.
7.
1913 S. L. ch. 10; 1930 0. C. Ann. sec. 26-201, as amended 1935 S. L.
ch. 321.
L.
1913 S. L. ch. 10; 1930 0. C. Ann. sec. 26-201, as amended 1935 S.
ch. 321.
1913 S. L. ch. 10; 1930 0. C. Ann. sec. 26-201, as amended 1935 S. L.
ch. 321.
8. 1913 S. L. ch. 10; 1930 0. C. Ann. sec. 26-207.
48.
Governmental Organization and Records System
A new county is obliged to pay its share of the obligations of the
parent county. The amount owed is based on the valuation of the property
coming into the new county and is determined at a joint meeting of the
county courts of the now and old counties. The new county does not inherit
buildings free of charge from the old county or comties. (9) If there are
obligations to the State, or if State funds are owed to the counties, the
newly created county bears its share of the obligations and receives its
share of the dues in proportion to its property value.
The county clerk of the new county makes a transcript of all deeds or
other instruments relating to real property transferred from the old to the
new county. Froper books are instituted and have the same effect in all re-
spects as original records. (10)
Structural Develonment. Multnomah County was created December 22, 1854
by the Territorial Legislature, part of its territory being taken from Wash-
ington County and part from Clackamas County. (11) In the same year, the
Legislature appointed the following officers to hold office until the next
general election: a county judge, three commissioners, an auditor to act as
clerk of the county court and recorder of conveyances, a sheriff, an asses-
sor, a treasurer, a coroner, and a county school superintendent. (12) Jus-
tices of the peace and constables of the then existing districts of Washing-
ton and Clackamas Counties who wore included in the new county continued to
hold office until their successors were regularly elected.
From 1854 until the adoption of the Oregon Constitution, the business of
the county was administered by a board of three commissioners. (13) Later,
following the adoption of the Constitution, and continuing until 1913, county
business was conducted by the county court, consisting of the county judge
and two commissioners acting in an administrative capacity. In 1913, the
Legislature abolished the office of county judge in Multnomah County and ap-
pointed to fill the vacancy thus created a commissioner to serve until the
election of a successor. (14)
When Multnomah County was established, the Legislature appointed an au-
ditor to serve as clerk of the county court and to perform the duties of re-
corder of conveyances. (15) The Constitution prescribed the election of a
county clerk in each county, and further provided that when the number of
voters in any county should exceed 1,200 the Legislature might authorize the
election of one person as clerk of the circuit court, one as clerk of the
county court, and one as recorder of conveyances. (16) In 1887 the Legisla-
ture abolished the office of county clerk in Multnomah County and created the
9.
1913 S. L. ch. 10; 1930 0. C. Ann. sec. 26-214, as amended 1935 S. L.
ch. 321.
10.
L. 1854, Deady, p. 653; 1930 0. C. Ann. sec. 26-303.
11. L. 1854, p. 29.
12.
13.
14.
15.
16.
Ibid., pp. 42, 62.
L. 1850, p. 210; L. 1850 (including L. 1351), p. 76; L. 1854, p. 29.
1913 S. L. ch. 377; 1930 0. C. Ann. sec. 27-1702.
L. 1854, p. 62.
Const. original art. VII, sec. 15.
?
49
g
Governmental Organization and Records System
offices of clerk of the circuit court, clerk of the county court, and re-
corder of conveyances. (17) In 1901 these offices were abolished and their
functions transferred to the clerk of the county court, commonly known as
the county clerk. (18) Since that date no changes have been made in the
basic duties of the county clerk. He is custodian of the records and papers
of the county, ex officio clerk of the circuit court and board of commis-
sioners, and ex officio recorder of conveyances. (19) He is also an ex of-
ficio member of the board of equalization (20) and has authority to act as
a notary public. (21)
The duties of the first official designated as county auditor in Mult-
nomah County were described by the statutes as those now performed by the
county clerk. (22) In 1858 the office of auditor in Multnomah County was
abolished and his duties were transferred to the county clerk. (23) The
office of auditor was re-established by the Legislature in 1895 as an ap-
pointive office, the office becoming elective in 1902. (24) He is the ac-
counting officer of the county and is directed by the statutes to establish
and maintain a standard system of accounting for the county. (25)
17. L. 1887, p. 126.
18. L. 1901, p. 282;
19. L. 1901, p. 282;
20. L. 1870, pp. 52,
21. L. 1887, p. 128;
22. L. 1854, p. 62.
23.
24.
25.
26.
Since 1913 several new administrative offices have been established
in Multnomah County. Among these new offices and boards are the purchasing
agent, who is appointed by the board of commissioners to perform certain
routine duties in connection with the procurement of supplies for the
county, a civil service commission, and a supervisor of elections. (26)
The judiciary of Multnomah County remained essentially unchanged from
1859 until 1913, when reorganization became necessary because of the large
urban population of the county. In 1913 certain judicial functions of the
former county court were transferred to the circuit court, including pro-
bate, insanity and domestic relations matters, and a district court was
created to conduct business formerly handled by justices of the peace.
However, a justice of the peace court is still maintained at Gresham. Al-
though the circuit court as established by the Provisional Government had
been abolished by Congressional act in 1848, (27) it was re-established
under the State Constitution in 1859, (28) five years after the creation of
Multnomah County. (29) Under the Constitution, the Oregon Counties were
+
27.
28.
29. L. 1854, p. 29.
•
1930 0. C. Ann. secs. 27-2001, 27-2003.
1930 0. C. Ann. secs. 27-2001, 27-2003;
53; 1930 0. C. Ann. sec. 69-302.
1930 0. C. Ann. sec. 27-2007:
Commissioners' Journal, vol. 1, p. 65.
L. 1895, p. 123; Commissioners' Journal, vol. 19, p. 313 (old series);
L. 1850-51, p. 37.
Const. original art, VII, sec. 9.
L. 1901, p. 161; 1930 0. C. Ann. sec. 27-2201.
L. 1901, pp. 163, 165; 1930 0. C. Ann. secs. 27-2207, 27-2213.
Commissioners' Journal, vol. 1, p. 1; vol. 30, p. 63; vol. 24, p. 206
(new series).
50
Governmental Organization and Records System
grouped into four judicial districts with Wasco, Clackamas, Multnomahı,
Columbia, Clatsop and Tillamook Counties comprising the fourth district. (30)
Since 1882 Multnomah County alone has comprised the fourth district. (31)
As at present organized, the circuit court of the fourth judicial dis-
trict is composed of nine departments, each of which is presided over by a
circuit court judge. One department is especially assigned to probate and
insanity cases, (32) and another to handle all matters pertaining to domes-
tic relations. (33) The circuit court holds appellate jurisdiction over
justice courts and all other inferior courts, tribunals and officers. (34)
Various court officers are provided by law for the fourth judicial
district. These include one or more official court reporters, two or more
bailiffs, and a court crier. (35) Ordinarily a bailiff acts as court crier.
The judge of the department of domestic relations is empowered to appoint
probation officers. (36) Since 1935 the judges of the circuit court in
Multnomah County have had the authority to appoint a jury commissioner. (37)
In 1913 the Legislature established a district court in Multnomah
County which has the same jurisdiction as that of justice of the peace
courts. (38) For the purpose of apportioning the business among the four
judges, the court has been divided into four departments. (39)
The enactment which created the district court empowered the judges
to appoint a clerk for the court. (40) Since 1927 this office has been
elective. (41) The clerk of the district court is the custodian of all
records of the district court and is authorized to administer oaths and to
take affidavits. (42)
In 1854 justice of the peace precincts were established at North Port-
land, South Portland, Sandy (near Troutdale), Multnomah, Sauvies Island,
Willamette, and Powell Valley, and justices were elected for each precinct
in 1855. (43) When the district court was established, all justice of the
Const. art. XVIII, sec. 11.
L. 1882, p. 62; 1930 0. C. Ann. sec. 28-902.
1913 S. L. ch. 378; 1930 0. C. Ann. sec. 67-1607.
1913 S. L. ch. 249; 1919 S. L. ch. 296; 1929 S. L. ch. 183; 1930 0. C.
Ann. secs. 28-845 to 28-855; see pp. 113, 114.
Const. original art. VII, sec. 9.
34.
35.
36.
37.
L. 1862, Deady, p. 866; L. 1891, p. 131; 1930 0. C. Ann. sec. 28-607.
1907 S. L. ch. 34; 1919 S. L. ch. 296; 1930 0. C. Ann. sec. 33-609.
1935 S. L. ch. 241; 1935 0. C. Ann. Supp. sec. 30-20; see pp. 109, 118.
38. 1913 S. L. ch. 355; 1930 0. C. Ann. secs. 28-1101, 28-1103.
39. 1913 S. L. ch. 355; 1930 0. C. Ann. sec. 28-1116.
1913 S. L. ch. 355.
40.
41.
42.
43.
30.
31.
32.
33.
1925 S. L. ch. 233; 1930 0. C. Ann. sec. 28-1124.
1913 S. L. ch. 355; 1925 S. L. ch. 233; 1930 0. C. Ann. sec. 28-1125.
See Provisional and Territorial Government Papers, No. 2025, in
library of Oregon Historical Society; also Commissioners' Journal,
vol. 1, pp. 4, 5, 1855 (old series).
- 51 -
Governmental Organization and Records System
peace courts in the Portland metropolitan area were abolished. (44) The
only justice of the peace court remaining in the county is that of Multno-
mah, with its office in Gresham. (45)
Law enforcement agencies in Multnomah County have undergone few
changes since the creation of the county. Such reorganization as has taken
place was brought about because of the increased urban population of the
county. When Multnomah County was created from part of Washington County
and part of Clackamas County in 1854, the constables of the then existing
districts continued to hold office until successors were elected.
At pres-
ent there are two constable districts in Multnomah County: Multnomah, with
offices at Gresham; and Portland, with an office in the county courthouse.
The former is under the jurisdiction of the justice of the peace at Gresham,
while the latter executes the processes of the district court of Multnomah
County.
In the first law enacted in accordance with the Constitution the sher-
iff was named the ministerial officer of the circuit and county courts and
conservator of the peace of the county. (46) Since 1913, when the county
court was abolished, the sheriff has been ministerial officer of the cir-
cuit court alone. The sheriff is also ex officio tax collector. (47)
The first coroner of Multnomah County was appointed by the Legislature
in 1854 to serve until the next election. (48) Since 1859 this office has
been elective as provided in the Constitution. (49) If the coroner is
unable for any reason to perform the duties of his office, a justice of the
peace acts as coroner instead. (50)
The Constitution specifies that in judicial districts of one or more
counties prosecuting attorneys be elected to serve as legal representatives
both of the State and of their district. (51) A statute of 1913 changed
the name of prosecuting attorney to district attorney and provided for the
election of a district attorney for each county. (52) Although elected by
the voters in each county, the district attorney is actually a State offi-
cer and receives his salary from the State. (53)
The handling of county finances in Multnomah County has been changed
from time to time as the volume of business conducted by the county in-
creased. The principal changes affected the relationship of the various
offices concerned with fiscal matters and the methods of keeping financial
records.
44. 1913 S. L. ch. 355; 88 Ore. 334.
45.
See Justice of the Peace, p. 122.
46. L. 1862, Deady, p. 237; 1930 0. C. Ann. sec. 31-309.
47.
L. 1853, pp. 394-397; 1930 0. C. Ann. sec. 69-702.
48. L. 1854, p. 29; Commissioners' Journal, vol. 1, p. 64 (old series).
49.
Const. art. VI, sec. 6.
50.
L. 1864, Deady, p. 520; 1930 0. C. Ann. sec. 13-2417.
Const. original art. VII, sec. 17.
51.
52. 1913 S. L. ch. 343;
L. ch. 343; 1930 0. C. Ann. sec. 31-101.
53. 1913 S. L. ch. 343; 1930 0. C. Ann. sec. 31-113.
-
· 52
i
Governmental Organization and Records System
The office of assessor was created by statute in 1854; however,
assessor was not elected in Multnomah County until the general election in
June 1855. (54) Since that time the office has been elective. The asses-
sor is an ex officio member of the board of equalization. (55)
As prescribed in the law passed by the Territorial Legislature in 1854,
the county board of equalization in Oregon was composed of the assessor,
the auditor, and the county judge. (56) Under the law of 1870 the board of
equalization was composed of the county clerk, the assessor, and the county
judge acting together in an ex officio capacity. (57) Since 1913 the pro-
bate judge of the circuit court has been an ex officio member of the board
of equalization, together with the assessor and the county clerk. (58) In
1909 a State Tax Commission was created, to which appeals from the county
board of equalization may be made. (59)
In 1919 there was established in Multnomah County a tax supervising
and conservation commission, composed of three members appointed by the
Governor. (60) It is the duty of this commission to compile accurate sta-
tistical information concerning the bonded or other indebtedness of the
county, and of all municipal corporations, and to file an annual report
with the Governor and with the board of county commissioners. (61)
>
an
The duties of the tax collector in Multnomah County are performed by
the sheriff acting, as provided by law, in an ex officio capacity. (62)
The Legislature appointed the first treasurer for Multnomah County
when the county was created, to hold office until the election of 1855. (63)
Since that date the office has been elective.
63.
64.
65.
Such changes as have taken place in the educational organization of
Multnomah County have been the result of efforts to increase the effective-
ness of the educational program. Most of these changes are of comparatively
recent origin. The office of county superintendent of schools was created
in 1854. (64) The first county school superintendent of Multnomah County
was appointed by the Legislature in 1854 to serve until the general elec-
tion of June 1855. (65) Since that date the office has been elective.
54. L. 1854, p. 62; 1930 0. C. Ann. sec. 26-139.
Journal, vol. 1, pp. 11, 12 (old series).
55. L. 1870, p. 52; 1930 0. C. Ann. sec. 69-301.
56. L. 1853-54, p. 417.
57. L. 1870, pp. 52, 53;
58. 1913 S. L. ch. 378;
1909 S. L. ch. 218;
1919 S. L. ch. 375;
1921 S. L. ch. 208; 1930 0. C. Ann. secs. 69-1205, 69-1214.
1930 0. C. Ann. sec. 69-302.
59.
1930 0. C.
1929 S. L.
1930 0. C.
60.
61.
62.
26-139. See also Commissioners'
Ann. sec. 28-837.
ch. 465; 1930 0. C. Ann. sec. 69-506.
Ann. sec. 69-1201.
L. 1843-49, p. 25; 1907 S. L. ch. 267; 1913 S. L. ch. 184; 1930 0. C.
Ann. secs. 69-701, 69-702.
L. 1854, p. 62, 1930 0. C. Ann. sec. 27-1701.
L. 1853-54, p. 423.
L. 1854, p. 42.
53
-
Governmental Organization and Records System
In 1899 a legislative enactment provided for the establishment of dis-
trict boundary boards for the purpose of dividing the county into convenient
school districts and for the purpose of defining or changing district boun-
daries. From 1899 to 1913 in Multnomah County the county court with the
school superintendent constituted the board. (66) Since 1913 the membership
of the board has consisted of the board of county commissioners and the
school superintendent. (67) Prior to 1899 changes in school district boun-
daries were made by the school superintendent.
Since 1902 the Library Association of Portland, organized in 1864 as
a subscription library, has made its facilities available to the public in
accordance with a law of 1901, which authorized the City of Portland to
levy a tax for the maintenance of a public library. (68) Since 1911, the
county commissioners of Multnomali County have been ex officio members of
the board of directors of the Library Association. (69)
A law of 1913 authorized the county courts of the various counties to
appoint a county agricultural agent for an indefinite term. (70) In Multno-
mah County the first appointment to this office was made in 1913. (71) It
is the agent's duty to study the agricultural problems of the county and to
promote better agricultural practices therein. (72)
The law of 1913 also provided that club agents and home demonstration
agents might be appointed in the various counties to conduct agricultural
and home demonstration activities among the young people of the state. (73)
A club agent was first appointed in Multnomah County in 1921 (74) and a
home demonstration agent in 1930. (75)
From 1905 until 1913 the county court of Multnomah County (since 1913
the board of commissioners) has constituted an ex officio board of health.
(76) County physicians have been appointed by the county court or by the
board of commissioners in Multnomah County since 1871, although the office
was not provided for specifically by statute until 1905. (77) When the
State Board of Health was created in 1903, the county physician then in
73.
74.
75.
76.
1930 0. C. Ann. sec. 35-601.
1907 S. L. ch. 116; 1930 0. C. Ann. sec. 35-601.
66. L. 1899, p. 226;
67. L. 1899, p. 226;
68. L. 1901, p. 19;
69. Commissioners' Journal, vol. 13, pp. 96, 97 (new series).
1930 0. C. Ann. sec. 35-4412.
70.
1913 S. L. ch. 134; 1930 0. C. Ann. sec. 18-1101.
71.
72.
Commissioners' Journal, vol. 6, p. 325 (new series).
1913 S. L. ch. 134; 1927 S. L. ch. 402; 1920 0. C. Ann. secs. 18-1102,
18-1103, 18-1129.
1913 S. L. ch. 110; 1930 0. C. Ann. sec. 18-802.
Commissioners' Journal, vol. 15, p. 218 (new series).
Ibid., vol. 32, p. 246 (new series).
1905 S. L. ch. 170; 1913 S. L. ch. 377; 1930 0. C. Ann. secs. 27-1402,
59-201.
77. 1905 S. L. ch. 170; 1930 0. C. Ann. sec. 59-201; Commissioners'
Journal, vol. 2, pp. 3, 316 (old series).
QUE
54 -
Governmental Organization and Records System
office was assigned the duties of health officer, (78) and the same indi-
vidual performed the duties of both offices until 1937, when separate ap-
pointments were made. (79) Health nurses have been appointed by the board
of commissioners since 1917. (80)
From 1854 until 1933 the county court or the board of commissioners
of Multnomah County was the only county agency invested with the care of
indigents. (81) Since 1933 relief and public welfare have been adminis-
tered by the county public welfare commission. The public welfare commis-
sion is composed of the board of commissioners and four other members ap-
pointed by the Governor. (82)
The authority to erect, maintain and operate county farms was one of
the early powers delegated by the Legislature to the county courts. (83)
The first superintendent of the county farm in Multnomah County was ap-
pointed by the county court in 1870. (84)
A statute of 1854 provided for the election of surveyors in the then
existing counties. (85) The Constitution in 1859 specified that surveyors
be elected in each county of the State. (86) The first surveyor for Mult-
nomah County was appointed by the county court to serve until the election
of June 1855. (87)
The appointive office of roadmaster of Multnomah County was first
established in 1901. (88) In 1917, the office as previously defined was
abolished. (89) However, the office was re-established in the same year,
the powers and duties of this official being limited to practical road
building and maintenance.
78.
79.
80.
81.
82.
From time to time a number of offices have been established in Multno-
mah County relating to the agricultural and stock-raising activities of the
county. These offices include the stock (brand) inspector, the dairy herd
inspector, the Bang's disease inspector, the veterinarian, the horticultural
inspector, the agricultural agent, the club agent, home demonstration agent,
and the dog control board. (90)
1903 S. L. ch. 170; 1930 0. C. Ann. sec. 59-201; Commissioners'
Journal, vol. 33, p. 475 (old series)
Oregon Blue Book, 1937-1938, p. 64.
Commissioners' Journal, vol. 34, p. 19 (new series).
C
L. 1853-54, p. 415; 1930 0. C. Ann. sec. 27-1401.
1933 S. L. ch. 15; 1935 0. C. Ann. Supp. sec. 68-2603, as amended
1939 S. L. ch. 241.
83.
84.
85. L. 1853-54, p. 573.
86.
87.
88.
L. 1854, Deady, p. 846; 1930 0. C. Ann. sec. 27-1401.
Commissioners' Journal, vol. 1, p. 680 (old series); see p. 34.
Const. art. VI, sec. 6.
G
Commissioners' Journal, vol. 1, p. 6 (old series).
L. 1901, pp. 105, 106; 1930 0. C. Ann. sec. 44-1402; Commissioners'
Journal, vol. 22, p. 331 (old series).
89. 1917 S. L. ch. 299; 1930 0. C. Ann. secs. 44-1402, 44-1404.
90. See pp. 177-189.
55 -
Governmental Organization and Records System
Since 1859 fairs have been held in Multnomah County on various occa-
sions. (91) The county fairs in Multnomah County have always been held
under the direction of groups of private citizens. At present the Mult-
nomah County Fair, a corporation, conducts the activities of the annual
county fairs. (92)
As indicated in the preceding pages, the governmental organization of
Multnomah County has undergone several changes since the creation of the
county. The changes which have occurred have been chiefly the result of an
expansion of county functions, as the population has increased and the ad-
ministration of county business has become more complex.
briefly, through its officers, boards and agents, the county performs
such functions as the following, related to government and life in the coun-
try community: General administration; recordation; justice; law enforce-
ment; finance; education; public health; public welfare; public works and
engineering; agriculture.
General Administration. The administration of county affairs in Mult-
nomah County differs from that in other Oregon counties in a number of sig-
nificant respects. Prior to 1913, the chief administrative body of Multno-
mah County was the county court, composed of the county judge and two com-
missioners, meeting in an administrative capacity. (93) The dual function,
judicial and administrative, of the traditional county court developed out
of the experience of early governmental forms in the newly-settled Oregon
country. The first Supreme Court of the Territory performed both judicial
and administrative functions. (94) In 1846, when justice courts were cre-
ated, the justices, acting in groups of three, functioned as county commis-
sioners, with one of the three serving as probate judge and presiding as
chairman of the administrative board thus created. (95)
However, the Constitution emphasized the dual function of the county
court, establishing that body as a court of probate with other civil and
A trend toward the form of county administration now followed in Mult-
nomah County was marked during the territorial period, when statutes empha-
sized the purely administrative function of the county court. A measure of
1851 specified the election of three commissioners to constitute the county
board, (96) while acts of 1853 (97) and 1859 (98) provided for the election
of a single probate judge in each county.
91.
92.
93.
Record of Incorporations, vol. 73, p. 180.
Const. original art. VII, sec. 12; L. 1862, Deady, p. 214; 1930 0. C.
Ann. sec. 28-1001.
94.
Ar. p. 143.
95. L. 1843-49, p. 47.
96.
K
L. 1850 (including 1851), p. 76.
L. 1852 (including 1853), p. 11.
GEN
George H. Himes, "History of Organization of Oregon State Agricultural
Society," Oregon Historical Quarterly, VIII, 327, 328.
97.
98. L. 1859, p. 9.
K
· 56 ·
Governmental Organization and Record: System
criminal jurisdiction, and providing for the election of two commissioners
to sit with the county judge while transacting county business. (99) The
alternative system, adopted for Multnomah County in 1913, was provided for
by the Constitution. (100) Thus, from the date of the creation of Mult-
nomah County in 1854 until 1913, county business was administered by the
county judge assisted by two commissioners. In 1913, the office of county
judge was abolished, probate jurisdiction was transferred to the circuit
court, and a third commissioner was provided for to complete the membership
of the board. (101)
The board of commissioners of Multnomah County is purely an adminis-
trative body, without legislative authority, and with no judicial functions.
(102) Thus, the board of commissioners, as the chief administrative body
of the county, and the various county officers function as the administra-
tors of legislative enactments, exercising only those powers specified by
statute.
Directly or indirectly, the board of commissioners has administrative
or regulative powers over all major county functions. The board, serving
as the county levying board (103) and as members of the county budget com-
mittee, exercises direct control over the administration of the county's
fiscal policy. (104) As all county offices submit estimates to the budget
committee, the board of county commissioners thus has indirect control over
the fiscal policies of each county office. Budget limitations of the county
are established by the State Legislature, and in Multnomah County the State
exercises further control through the tax supervising and conservation com-
mission appointed by the Governor, to which the levying board is required
to submit annually a detailed estimate of the budget for the fiscal year.
(105) Between 1921 and 1939 (106) the tax supervising and conservation com-
mission exercised regulatory authority over Multnomah County budget esti-
mates. In 1939 the authority of the commission was defined as purely ad-
visory.
Another factor contributing to the general administrative control by
the commissioners over all county functions lies in the board's authority
to examine the financial records of the major county offices (107) and to
order an audit of the books of all county offices. (108)
99. Const. art. VII, sec. 12.
100. Ibid.
101.
102.
103.
104.
1913 S. L. ch. 377; 1930 0. C. Ann. sec. 27-1702.
18 Ore. 163.
1921 S. L. ch. 118; 1935 0. C. Ann. Supp. sec. 69-1114.
L. 1862, Deady, p. 870; 1935 S. L. ch. 34; 1935 0. C. Ann. Supp.
sec. 28-1004.
105. 1919 S. L. ch. 375; 1930 0. C. Ann. sec. 69-1201.
106.
1921 S. L. ch. 208; 1930 0. C. Ann. sec. 69-1203, as amended 1939
S. L. ch. 273.
107.
108.
L. 1891, p. 117; 1930 0. C. Ann. sec. 28-1009.
L. 1862, Deady, p. 332; 1915 S. L. ch. 266; 1930 0. C. Ann.
sec. 27-501.
- 57 -
Governmental Organization and Records System
Various major functions of the county are the direct responsibility of
the board of commissioners. The board is responsible for general operating
facilities of the county, including the erection and maintenance of neces-
sary county buildings, (109) housing and equipping of all county offices,
(110) and the general care and management of county property. (111) The
county commissioners appoint the purchasing agent for Multnomah County.
Direct control over public works within the county is vested in the
board of commissioners through the authority to establish and maintain
county roads and bridges (112) and to appoint the county roadmaster. (113)
Moreover, the commissioners are responsible indirectly for the adminis-
tration of laws pertaining to various municipal corporations, such as road
districts. (114) The development of public works programs within the
county is one of the phases of county administration necessitating coopera-
tive relationship between county, State and Federal agencies of administra-
tion. The establishment and maintenance of State highways and roads (115)
and Federal highways and roads within National Forests (116) involve coop-
erative administration.
Until recent years the board of commissioners was solely responsible
for the administration of public welfare activities in the county. Public
welfare is now administered uniformly throughout the State and is partly
a Federal responsibility. (117) The public health service, over which the
board of commissioners has administrative authority, is also a part of a
state-wide activity which is in part financed and directed by the United
States Public Health Service. The county commissioners appoint the county
physician, and, as ex officio members of the board of health, appoint the
county health officer (118) and county health nurses. (119)
The board of commissioners has significant responsibilities in regard
to the administration of education within the county. Not only is the
board's authority expressed through budgetary and levying activities, but
as members of the district boundary board the commissioners exercise author-
ity over the establishment and division of school districts. (120)
109. L. 1862, Deady, p. 870;
110. L. 1862, Deady, p. 336;
111. L. 1862, Deady, p. 336;
112. L. 1862, Deady, p. 336;
113. 1917 S. L. ch. 299;
114. L. 1853-54, p. 492;
115.
1917 S. L. ch. 237;
1919 S. L. ch. 391;
117. L. 1853-54, p. 505; 1930 0. C. Ann. sec. 27-1408; L. 1862, p. 366;
1930 0. C. Ann. sec. 28-1004.
1930 0. C. Ann. sec. 28-1004.
1930 0. C. Ann. sec. 28-1004.
1930 0. C. Ann. sec. 28-1004.
1930 0. C. Ann. sec. 44-1407.
1917 S. L. ch. 299; 1930 0. C. Ann. sec. 44-1501.
1930 0. C. Ann. sec 44-138.
1930 0. C. Ann. sec. 44-413.
116.
1930 0. C. Ann. sec. 28-1004; 1911 S. L. ch. 31; 1913 S. L. ch. 42;
1917 S. L. ch. 267; 1930 0. C. Ann. sec. 27-1501; 1935 S. L. ch. 15;
1935 0. C. Ann. Supp. sec. 60-2606; 1939 S. L. ch. 241. See also
p. 170.
1905 S. L. ch. 170; 1930 0. C. Ann. sec. 59-201.
1917 S. L. ch. 82; 1930 0. C. Ann. sec. 59-107.
L. 1899, p. 216; 1930 0. C. Ann. sec. 35-601.
118.
119.
120.
58
Governmental Organization and Records System
Certain details of regulation come under the direct jurisdiction of
the commissioners, who license ferries and fix passage rates (121) and li-
cense public dance halls and other establishments outside the limits of
incorporated cities. (122)
Whereas the county courts as administrative bodies of most Oregon
counties exercise direct appointive powers, since 1929 Multnomah County has
operated under civil service regulations. (123) The board of commissioners
exercises indirect control over civil service operations through the ap-
pointment of the membership of the civil service commission, which classi-
fies county employment, establishes salary standards, and conducts competi-
tive examinations.
The county clerk as ex officio clerk of the board of commissioners (124)
is custodian of all the records of the board and of all official bonds ap-
proved by the board of commissioners. (125)
Recording The function of registering titles to land and recording
conveyances was performed during the period of the Provisional Government
in the Oregon country by an elected territorial recorder. (126) Later, in
1849, a law was enacted authorizing county clerks to act as recorders of
all land claims within their respective counties. (127) However, from 1850
to 1859 donation land claims were recorded by the Federal Surveyor General
for the Oregon Territory. (128)
:
Under the Constitution the Legislature may authorize the election of
separate officials to act as county clerk, clerk of the circuit court, and
as recorder of conveyances whenever the number of voters in a county exceeds
1,200. (129)
When Multnomah County was created in 1854 the Legislature appointed an
official designated as auditor to perform the duties of recorder of convey-
ances. (130) In 1887 under powers granted by the Constitution, the Legis-
lature created the separate offices of clerk of the county court, clerk of
the circuit court, and recorder of conveyances. (131) A further enactment in
1901 restored in Multnomah County the dual office of olerk and recorder. (132)
121. L. 1864, Deady, p. 366; 1930 0. C. Ann. sec. 28-1004.
122. L. 1862, Deady, p. 365; 1930 0. C. Ann. sec. 28-1004.
123. 1929 S. L. ch. 162; 1930 0. C. Ann. sec. 27-2904.
124. L. 1850, p. 76; 1930 0. C. Ann. sec. 27-2815.
125. L. 1864, Deady, p. 823; 1930 0. C. Ann. sec. 27-1602.
126. Ar. p. 30.
127. L. 1843-49, p. 66.
128. L. 1850, p. 50.
129.
130. L. 1854, p. 29.
131. L. 1887, p. 126.
132. L. 1901, p. 282; 1930 0. C. Ann. sec. 27-2001.
Const. art. VII, sec. 15.
59
Governmental Organization and Records System
During the period of the Provisional Government, when land claims were
recorded by the territorial recorder, the extent of any claim was designated
merely according to natural boundaries or by markers placed at the corners
or along the lines of a claim. (133) In 1850, when the first Federal Sur-
veyor General was appointed, provision was made for surveying the Oregon
Territory according to the geodetic method and in relation to a base line
established at the mouth of the Willamette River. (134)
Under the laws of 1855 each county procured from the Surveyor General
and filed with the county surveyor, a certified copy of the Surveyor Gen-
eral's field notes and plats of surveys relating to townships and other
legal subdivisions of the county. (135) Whenever the owners of tracts or
parcels of land desire to establish permanently the boundaries of their
property, or whenever the boundaries of tracts or parcels of land are ques-
tioned, the surveyor is notified to make a survey. The surveyor gives no-
tice to interested parties and fixes the time for the survey, which is made
on the basis of the original government survey. (136) The findings of the
surveyor consisting of field notes, etc., are filed in the office of the
county surveyor, and a certificate of the findings is filed by the surveyor
with the county clerk, who records the certificate on behalf of the party
whose land is affected. (137) In addition to the recording of boundaries
of tracts of land, the county clerk has the duty of recording evidences of
title.
The first record of title to real property is the United States patent
issued to a homesteader or original settler by the Federal Government. (138)
These original evidences of title are entered either in the book of deeds
or in a special book of patents by the recording official, usually the
county clerk. (139) Subsequent conveyances of real property are entered in
the book of deeds; encumbrances are entered in a book of mortgages. The
documents are endorsed to show the time of receipt and the book and page
where recorded. (140) The book of deeds contains not only transfers of
title by individual owners, (141) but also conveyances of title by sheriff's
certificate on execution of mortgage foreclosure, (142) quit-claims, (143)
deeds by executors and administrators of estates, and equity decrees affect-
ing title. (144) The book of mortgages contains simple mortgages showing real
property security for payment of money, (145) assignments of mortgages, (146)
133. Ar. p. 35.
134. L. 1850, p. 48.
135.
136.
137.
138.
139. L. 1872, p. 23; 1930 0.
140. L. 1854, Deady, p. 650;
C. Ann. sec. 63-141.
1930 0. C. Ann. sec. 63-129.
141. L. 1854, Deady, p. 650; 1930 0. C. Ann. sec. 63-128.
142. 1903 S. L. p. 287; 1930 0. C. Ann. sec. 63-133.
143. L. 1854,
L. 1854, Deady, p. 647; 1930 0. C. Ann. sec. 63-104.
144. L. 1872, p. 23; 1930 0. C. Ann. sec. 63-141.
145. L. 1854, Deady, p. 650;
146.
L. 1895, p. 55; 1930 0.
L. 1855, Deady, p. 892; 1930 0. C. Ann. sec. 27-1813.
1901 S. L. p. 312; 1930 0. C. Ann. sec. 27-1821.
1901 S. L. p. 313; 1930 0. C. Ann. sec. 27-1822.
9 Stat. 496.
1930 0. C. Ann. sec. 63-128.
C. Ann. sec. 54-102.
· 60-
-
Governmental Organization and Records System
lis pendens, or notices of lawsuits pending which may affect the title,
(147) and satisfactions of mortgages. (148) Mechanics' liens are recorded
in a book kept for that purpose and indexed as deeds and conveyances are
indexed. (149)
The records contained in the books of deeds and in the book of mort-
gages are required by law to be indexed directly and indirectly. (150) Ad-
ditional records kept by the county recording official and relating to con-
veyances of title to real property are: powers of attorney,
powers of attorney, (151) judgment
liens, (152) certificates of water rights, (153) and mining claims. (154)
Instruments affecting personal property are recorded as are instru-
ments bearing on the ownership of real property. (155)
For an account of the Torrens System of title registration see Inven-
tory of the County Archives of Oregon, No. 22, Linn County, p. 34.
Judiciary. The judicial power of the State is vested in the Supreme
Court and such other courts as have been created by law. The Supreme Court
cannot be abolished without a constitutional amendment, although it can be
reorganized by law. Other courts can be established by statute, reorgan-
ized, or abolished. (156)
At the time of the creation of Multnomah County in 1854, justice was
administered by three courts: the district court, (157) the county court
(158) and the justice of the peace courts. (159) The United States Terri-
torial Act of 1848 created district and probate courts and invested the
district courts with the same jurisdiction exercised by circuit and district
courts of the United States. (160) Federal courts in Oregon were first es-
tablished by act of Congress on March 3, 1859. (161) The Constitution in
1859 re-established circuit courts, (162) grouping Wasco, Clackamas, Multno-
mah, Columbia, Clatsop and Tillamook Counties in the fourth judicial dis-
trict. (163) In 1882 all of the foregoing counties were transferred to
147. 1909 S. L. ch. 93; 1930 0. C. Ann. sec. 63-132.
148. L. 1895, p. 44; 1930 0. C. Ann. sec. 54-109.
149. L. 1885, p. 15; 1930 0. C. Ann. sec. 51-106.
150. L. 1854, Deady, p. 651; 1930 0. C. Ann. sec. 63-130.
151. L. 1854, Deady, p. 652; 1930 0. C. Ann. sec. 63-135.
152. L. 1843-49, pp. 154, 155; 1930 0. C. Ann. sec. 2-1601.
153.
1909 S. L. ch. 216; 1930 0. C. Ann. sec. 47-163.
L. 1898, p. 17; 1930 0. C. Ann. sec. 53-207.
154.
155.
156.
157. L. 1850-51, p. 37.
1901 S. L. p. 124; 1930 0. C. Ann. sec. 54-202.
Const. amended art. VII, sec. 2.
158. L. 1852-53, p. 11.
159. L. 1853-54, p. 286.
160. L. 1850-51, p. 137.
161. 2 Stat. 437.
162. Const. original art. VII, sec. 9.
163. Const. original art. VII, sec. 11.
M
61
Governmental Organization and Records System
other districts, with the exception of Multnomah, which alone since that
time has comprised the fourth judicial district. (164)
The circuit court always has held original civil jurisdiction in suits
involving $250 or more. (165) The circuit court is a court of general
jurisdiction, both in law and equity, and holds appellate civil and crim-
inal jurisdiction over justice courts and all other inferior courts. (166)
Original criminal jurisdiction of the circuit court extends over all viola-
tions for which the law provides as penalties imprisonment in the State
Penitentiary or sentence of death. (167)
In 1913 the office of county judge in Multnomah County was abolished,
and all judicial jurisdiction of the county court was transferred to the
circuit court. (168) The same act provided for the creation of a juvenile
court. (169) Further legislation in 1919 abolished the juvenile court and
provided for a court of domestic relations (170) to have original jurisdic-
tion in all matters pertaining to dependent and delinquent minors. In 1929,
however, the Legislature abolished the court of domestic relations and pro-
vided for an additional circuit court judge to sit as judge of the depart-
ment of domestic relations of the circuit court. (171) The probate depart-
ment of the circuit court has exclusive jurisdiction in all matters relating
to the ostates of decedents, minors and other legally incompetent persons,
and to general probate matters. (172)
Originally Multnomah County was divided into seven justice of the
peace districts. (173) When the district court was created in 1913, all
justice of the peace courts within the Portland metropolitan area were
abolished. (174) The only justice district now remaining is that of Mult-
nomah, with an office in the town of Gresham.
In 1855 when justice courts were instituted in Multnomah County, juris-
diction was limited to cases wherein the amount in controversy did not ex-
ceed $100. (175) As prescribed by the Constitution, this limitation was
extended in 1862 to $250. (176) Since 1864 justices of the peace have held
164. L. 1882, p. 51.
165. L. 1864, Deady, p. 368; 1930 0. C. Ann. sec. 28-1303.
166.
Const. art. VII, sec. 9.
L. 1864, Deady, p. 602; 1930 0. C. Ann. sec. 28-1303.
1913 S. L. ch. 378; 1930 0. C. Ann. sec. 33-618.
167.
168.
169. 1913 S. L. ch. 249; 1930 0. C. Ann. sec. 33-618.
1919 S. L. ch. 296; 1930 0. C. Ann. sec. 33-603.
170.
171.
172.
173.
1929 S. L. ch. 183; 1930 0. C. Ann. secs. 28-845, 28-855.
1913 S. L. ch. 378.
Frovisional and Territorial Government Papers, No. 2055, in library
of Oregon Historical Society.
174. 88 Ore. 334.
175. L. 1843-49, p. 99.
176.
Const. original art. VII, sec. 1; L. 1862, p. 217; 1930 0. C. Ann.
sec. 28-1330.
62
Governmental Oregonization and Records System
criminal jurisdiction over crimes punishable by fine or by sentence to the
county jail. (177)
The territorial limit of the jurisdiction of the district court is
confined to Multnomah County. (178) This court has jurisdiction but not
exclusive, in all civil cases for recovery of money or damages not exceed-
ing $1,000. (179)
In its criminal jurisdiction the district court has concurrent power
with the circuit court of all misdemeanors where punishment prescribed does
not exceed one year's imprisonment in the county jail or a fine of not more
than $3,000, or both. (180)
Appeals from the decisions of the district court may be taken to the
circuit court (181) provided that the amount involved exceeds 50. (182)
In 1915 a small claims department was established in the district
court. (183) This department has jurisdiction, but not exclusive, in cases
for the recovery of money only when the amount claimed does not exceed $20
and when the defendant resides within Multnomah County. (184)
Law Enforcement. Before efforts were made to establish formal govern-
ment in the Oregon country, the function of law enforcement had been per-
formed, first by the factors and resident officials of the Hudson's Bay
Company (185) and by constables whom the emigrants, en route to the Oregon
country, elected from their number. At early meetings prior to the forma-
tion of a Provisional Government, constables were named and delegated author-
ity to preserve the peace. (186)
The first organic laws adopted in 1843 provided for the offices of
sheriff, (187) constable, (188) coroner, (189) and the public prosecutor,
(190) thus establishing the foundations for the present law enforcement
agencies in the counties. With the exception of the constable, each office
was made mandatory by the Oregon Constitution. (191)
177. L. 1864, Deady, p. 583; 1930 0. C. Ann. sec. 16-103.
178.
1913 S. L. ch. 355; 1930 0. C. Ann. sec. 28-1103.
179.
1913 S. L. ch. 355;
S. L. ch. 401.
S
1930 0. C. Ann. sec. 28-1105, as amended 1935
180.
1913 S. L. ch. 355; 1930 0. C. Ann. sec. 28-1105, as amended 1935
S. L. ch. 401.
181. 1915 S. L. ch. 327;
182. 1913 S. L. ch. 355;
183.
184.
185.
1930 0. C. Ann. sec. 28-1211.
1930 0. C. Ann. sec. 28-1113.
1915 S. L. ch. 327; 1930 0. C. Ann. sec. 28-1201.
1915 S. L. ch. 327; 1930 0. C. Ann. sec. 28-1201.
See "An Act for Regulating the Fur Trade," etc., Statutes of the
United Kingdom, etc., VIII (1819-1822), 422 ff.
186. Ar. p. 6.
187. Ar.
• P.
P. 14.
188.
Ar. P.
• P. 14.
189. L. 1843-49, p. 23.
190. L. 1843-49, pp. 99, 100.
191.
Const. art. VI, sec. 6.
63-
Governmental Organization and Records System
Upon the creation of Multnomah County in 1854, the Legislature pro-
vided for the appointment of the above-named law enforcement officers pend-
ing the first regular election in the county. (192)
Law enforcement is divided into two phases; criminal and civil.
Thus,
in Multnomah County the sheriff's office is described by statute as that of
the chief executive officer and conservator of the peace in the county (193)
and is organized into civil and criminal departinents, each of which is
staffed by personnel selected on the basis of qualifications for performing
the duties of that department.
He
As conservator of the peace and ministerial officer of the courts, the
sheriff makes arrests of persons committing or about to commit crimes.
may make such arrests either by serving a warrant issued by a court (194)
or without a warrant. (195) The authority to make arrests is also vested
in the constable and persons regarded by law as having the powers of con-
stable. (196)
The district attorney institutes indictment proceedings against per-
sons charged with the commission of criminal offense. (197) Following the
grand jury proceedings, he then conducts the prosecution. (198) Originally
a territorial officer, (199) the district attorney since 1853 has been an
officer of both the State and the county. (200)
The function of crime detection and criminal apprehension has devel-
oped from a relatively simple and local function to an activity involving
the correlated efforts of county and State. Cooperation between the coun-
ties in the matter of crime detection and criminal identification was ef-
fected prior to 1933 by means of a central criminal identification bureau,
located in the sheriff's office of Multnomah County. (201) However, in
1931, Oregon adopted a State system of police (202) whose duties necessarily
overlapped the functions of the county law enforcement officers. In 1933,
the headquarters of the Department of State Police at Salem was designated
a central clearing house for criminal identification records and data. (203)
The coroner, as a law enforcement officer of the county, conducts
preliminary investigations of deaths by violence or under suspicious circum-
192. L. 1864, Deady, pp. 111, 112; 1930 0. C. Ann. sec. 26-139; Commission-
ers' Journal, vol. 1, p. 64.
193. L. 1862, Deady, p. 389;
194. L. 1864, Deady, p. 502;
195. L. 1864, Deady, p. 505;
196. L. 1864, Deady, p. 502;
197. L. 1862, Deady, p. 384;
198. Const. art. VII, sec. 18, as amended; see 1930 0. C. Ann. sec. 13-603.
199. L. 1843-49, p. 71.
200.
201.
202. 1931 S. L. ch. 139.
1930 0. C. Ann. sec. 31-309.
1930 0. C. Ann. sec. 13-2013.
1930 0. C. Ann. secs. 13-2111, 13-2116.
1930 0. C. Ann. sec. 13-2013.
1930 0. C. Ann. sec. 31-105.
L. 1853-54, p. 67; L. 1862, Deady, p. 384; 1930 0. C. Ann. sec. 31-104.
1917 S. L. ch. 286; 1930 0. C. Ann. sec. 27-2403.
203. 1933 S. L. ch. 52.
64.
Governmental Organization and Records System
stances. (204) He also presides over inquests in such cases when an inquest
is ordered by the district attorney. (205)
As a ministerial officer of the court, it is the duty of the sheriff
to execute judgments in criminal cases. He delivers the prisoner, under
sentence of imprisonment in the State Penitentiary, to the warden of that
institution. (206) During the early territorial period, the sheriff was
responsible for the execution of the death sentence, (207) now a function
of the warden of the State Penitentiary. (208)
As a final phase of the process of criminal law enforcement, the sher-
iff is responsible for the care of county jail prisoners. (209)
The enforcement of civil law involves the services of all the county
law enforcement offices. As the ministerial officer of the county and
circuit courts in most Oregon counties, and of the circuit court alone in
Multnomah County since 1913, (210) the sheriff serves civil processes (211)
and executes civil judgments. (212) The constable performs the same duties
in relationship to the justice courts. (213) Should the sheriff be a party
to the court action, the coroner serves the necessary processes. (214)
The district attorney functions as legal counsel to all other county
officers, serving as prosecuting or defending attorney in all civil actions
brought against the county or in its behalf, respectively. (215)
Finance (County and School). The financial functions of the county
involve the following processes: preparation of the budget, collection of
revenue, expenditure, and bond issuance. This complex organization of
county government finance had its beginnings in the election of a temporary
territorial treasurer in 1843 at one of the so-called Wolf Meetings, for
receiving and disbursing funds for bounty payments on predatory animals.
(216) The organic laws, enacted that same year, provided for the election
of a treasurer (217) and designated the sheriff as ex officio tax collec-
tor. (218) The early settlers made tax payments in wheat, as well as in
gold, silver; and currency. (219)
204. L. 1862, Deady, p. 396;
205. L. 1862, Deady, p. 396;
206.
L. 1864, Deady, p. 474;
207. L. 1850, p. 88.
1930 0. C. Ann. sec. 31-701.
1930 0 C. Ann. sec. 31-701.
1930 0. C. Ann. sec. 13-1131.
L. 1864, Deady, p. 475; 1930 0. C. Ann. sec. 13-1141.
L. 1862, p. 475; 1930 0. C. Ann. sec. 27-2317.
1913 S. L. ch. 378; 1930 0. C. Ann. sec. 28-837.
209.
210.
211.
L. 1862, Deady, p. 389; 1930 0. C. Ann. sec. 31-309.
212. L. 1862, Deady, p. 212; 1930 0. C. Ann. sec. 3-401.
213.
L. 1853, p. 263; 1930 0. C. Ann. sec. 27-2720.
214. L. 1862, Deady, p. 396; 1930 0. C. Ann. sec. 31-707.
215. L. 1899, p. 185; 1930 0. C. Ann. sec. 31-107,
216. Ar. p. 9.
217. L. 1843-49, p. 25.
218.
Ar. p. 30.
219.
L. 1843-49, p. 27.
HAND
-
- 65
Governmental Organization and Records System
The major authority over the fiscal affairs of the county has always
been vested in the county court or board of county commissioners. (220)
Prior to 1921, the board of county commissioners alone prepared the county
budget. In that year the law provided for a county budget committee, com-
posed of the county commissioners and three appointed lay members. (221)
In most Oregon counties, as in Multnomah County before 1913, the board of
commissioners consists of the county judge and two conmissioners. In 1913,
the office of county judge was abolished in Multnomah County and a third
commissioner provided for. (222)
During the court terms of January and July, the budget committee de-
termines the amount of revenue necessary for county purposes, preparing
this budget in part from estimates submitted by various county offices.
(223) The estimates of county expenses for the following fiscal year, to-
gether with itemized listings of expenditures for the three previous years
and the original estimate sheets of each county office, are filed with the
board of county commissioners, which then functions as the county levying
board. (224)
The budget in its final form includes the taxes to be levied for
school purposes. Estimates of expenses for school purposes are prepared
separately each year by the various school district boards, (225) for con-
sideration by the budget board.
The major revenue of the county is derived from taxes levied on real
and personal property as provided by the Constitution. (226) There is no
poll tax in Oregon. (227) The function of levying taxes was vested in the
board of county commissioners at an early date. The officers of the road
districts in the early Oregon counties presented estimates to the three
judges who then comprised the board of county commissioners. (228)
County tax levies are restricted to not more than the amount levied
for any one of the three immediately preceding years, plus a 6 percent in-
crease, except for payment of bonded indebtedness and interest thereon.
(229) The levying powers of the board of county commissioners were defined
by early statutes (230) and in 1919, as a further control over fiscal poli-
cies and operations, a tax supervising and conservation commission was cre-
ated in Multnomah County to act in an advisory capacity. (231)
Two years
220.
221.
222. 1913 S. L. ch. 377.
223. 1921 S. L. ch. 118; 1930 0. C. Ann. sec. 69-1114.
224. 1921 S. L. ch. 118;
1930 0. C. Ann. sec. 69-1114.
225.
1919 S. L. ch. 180; 1930 0. C. Ann. sec. 35-1337, as amended 1939
S. L. ch. 319.
226.
227.
228.
229.
230.
231.
GRE
L. 1862, Deady, p. 870; 1930 0. C. Ann. sec. 28-1004.
1921 S. L. ch. 118; 1930 0. C. Ann. sec. 69-1104.
Const. art. IX, sec. 1.
Const. art. IX, sec. l-a.
L. 1843-49, pp. 17-22.
Const
Const. art. IX, sec. 1; 1937 S. L. ch. 373.
L. 1862, Deady, p. 366; 1930 0. C. Ann. sec. 69-1201.
1919 S. L. ch. 375; 1930 0. C. Ann. sec. 69-1201.
ܚ
66 -
Governmental Organization and Records System.
later the commission was invested with supervisory and control authority
but was restricted in 1939 to purely advisory functions. (232) The tax
supervising and conservation commission, the members of which are appointed
by the Governor, also exercises supervisory control over the fiscal affairs
of municipal corporations. (233)
The function of preparing the assessment rolls and the details attend-
ant upon this process have, since the creation of the county, been the
province of the assessor. Early laws of the Provisional Government pro-
vided for an assessor, (234) whose relationship to the financial structure
of the county has remained unchanged. He prepares the assessment roll,
which he submits to the county clerk for delivery to the sheriff, who acts
as ex officio tax collector. (235)
Certain classes of property are exempt from taxation in Oregon: prop-
erty owned by the Federal or State Government; public or corporate property
of counties, cities, or municipal corporations; real property owned by cer-
tain types of educational or benevolent institutions incorporated within
the State; property of religious institutions such as houses of public wor-
ship and their furnishings; burial grounds, real and personal property of
public libraries, property of Indians on reservations except that obtained
by purchase or inheritance; the personal property of the infirm, aged or
impoverished; wearing apparel and similar personal effects actually in use;
notes secured by recorded mortgages on real property. (236)
The review or equalization of taxes has been an authorized process
since the period of the Provisional Government. Under the Provisional Gov-
ernment the three judges who constituted the board of commissioners were
authorized to sit as a board of equalization, to hear complaints, and to
adjust grievances. (237) When Multnomah County was created in 1854, legis-
lation had recently provided the foundation for the present structure of
the board of equalization, composed of the assessor, auditor, and county
judge. (238) In 1870, the county clerk was made a member of the board in
place of the auditor. (239) In 1907 the law provided that the county board
of equalization should be composed of the county judge serving as chairman,
the assessor, and the county clerk as secretary. (240) When the office of
county judge for Multnomah County was abolished in 1913 and probate juris-
diction transferred to the circuit court, the probate judge became the
chairman of the board of equalization. (241)
232. 1921 S. L. ch. 208; 1930 0. C. Ann. sec. 69-1203, as amended 1939
S. L. ch. 273.
1939 S. L. ch. 273.
233.
234.
235.
236.
1930 0. C. Ann. sec. 69-704.
L. 1843-49, p. 39; L. 1853-54, p. 434; 1930 0. C. Ann. sec. 69-231.
L. 1843-49, pp. 82, 93;
L. 1854, Deady, p. 894;
sec. 69-104.
1907 S. L. ch. 268; 1930 0. C. Ann.
237. L. 1843-49, pp. 54, 55.
238. L. 1853-54, pp. 417, 436.
239. L. 1870, pp. 52, 53; 1930 0. C. Ann. sec. 69-302.
240. 1907 S. L. ch. 266; 1930 0. C. Ann. sec. 69-302.
241. 1913 S. L. ch. 378.
1
n
67 -
Governmental Organization and Records System
The board receives the assessment rolls from the assessor, and upon
due notice reviews the rolls for errors and omissions. (242) The corrected
rolls are then returned to the assessor. (243) An additional check is pro-
vided in the right of appeal from decisions of the board to the State Tax
Commission. (244)
The county treasurer each week receives taxes collected by the sheriff,
who provides both the treasurer and the county clerk with a copy of his
statement of such collections. (245) The treasurer keeps segregated all
moneys received from the tax collector and, on demand, pays over the cor-
rect apportionments to the several school districts and other sub-county
taxing agencies included in the budget. (246) The county treasurer also re-
mits to the State Treasurer the amount levied for State purposes. (247)
The State is regarded as a preferred creditor. (248)
Taxes were payable in two annual installments until 1933, (249) when
the law provided for payment in quarterly installments, and for payment of
delinquent taxes in ten equal semiannual installments. (250) Later it was
stipulated that these payments should equal one-fourth of the amount of
taxes of the earliest year of delinquency. When two annual installments of
delinquent taxes are not paid and three years have elapsed from date of
earliest delinquency, the tax collector issues to the county a certificate
of delinquency. (251)
Except as otherwise provided by law, real property within the State of
Oregon is subject to foreclosure for delinquent taxes after three years of
delinquency. The sheriff institutes foreclosure proceedings six months
after delinquency. Notice is given by publication, permitting interested
persons to file a defense, after which the court orders property to be sold
directly to the county. Any property so foreclosed and not redeemed within
one year is deeded to the county by the tax collector. The delinquent tax-
payer has recourse of appeal to the Supreme Court. (252) Personal property,
upon which taxes have become delinquent, is also foreclosed, title passing
to the county. (253)
School finances are a part of the county's general fund, but are ear-
marked and used exclusively for school purposes. Under the act of Congress
242. 1907 S. L. ch. 266;
243. 1907 S. L. ch. 266;
244. 1929 S. L. ch. 465;
245. 1907 S. L. ch. 267;
246. 1909 S. L. ch. 267;
ch. 305.
247.
1930 0. C. Ann. sec. 69-304.
1930 0. C. Ann. sec. 69-306.
1930 0. C. Ann. sec. 69-506.
1930 0. C. Ann. sec. 69-853.
1930 0. C. Ann. sec. 69-711, as amended 1935 S. L.
1909 S. L. ch. 267; 1930 0. C. Ann. sec. 68-745, as amended 1935 S. L.
ch. 305.
248. 31 Ore. 524.
249.
250. 1933 S. L. ch. 462.
1907 S. L. ch. 267; 1930 0. C. Ann. sec. 69-801.
251. 1933 S. L. ch. 462; 1935 S. L. ch. 5, as amended 1937 S. L. ch. 96.
252. 1939 S. L. ch. 485.
253.
1907 S. L. ch. 267; 1930 0. C. Ann. sec. 69-721, as amended 1935 S. L.
ch. 305.
68
Governmental Organization and Records System
in 1859 admitting Oregon to statehood, the State was granted sections of each
township for use of schools. (254) An irreducible school fund, the interest
of which is applied exclusively to the support and maintenance of common
schools in each school district in the State, is set aside and derives its
income from the following sources: the proceeds from the sale or rental of
before-mentioned school lands; all clear proceeds of all property which may
accrue to the State by es cheat or forfeiture; the proceeds of all gifts and
bequests made by any party to the State for common school purposes; the pro-
ceeds of all property granted to the State when the purpose of such grant
is not stated; all proceeds from tide and overflow lands. (255) Additional
school funds may be derived from special tax levies and issuance of bonds.
Annually or oftener, the State Land Board apportions the interest on
hand accruing from school funds among the several counties, in proportion to
the number of children between the ages of 4 and 20 years resident in the
county. The county treasurer receives the money and reports the amount to
the county school superintendent for distribution to the various school dis-
tricts of the county. (256)
Other sources of county revenue include various fees from county licens-
es, such as marriage licenses, (257) dog licenses, (258) dance hall, and
grocery store licenses. (259) The county clerk, issuing the licenses, collects
the fees and makes a return to the county treasurer. (260) Fees collected by
certain county officers for services performed, are remitted to the treasurer
and placed in a separately maintained, accumulative salary fund. (261)
Certain county activity which is in the nature of participation in
State and Federal responsibilities involves partial financing through Federal
and State appropriations. (262) Cooperative construction and maintenance of
State roads and highways provides an annual appropriation from the State
Highway Department, and the United States Department of Agriculture cooper-
ates with the county in the maintenance of National Forest roads, the county
sharing in Federal appropriations for that purpose. (263) Relief funds and
public health funds are also received through Federal appropriations
Disbursements of county funds are made by the county treasurer on
warrants issued and attested by the county clerk. (264) The county court
254.
255.
256.
257.
258.
259.
260.
261.
362.
263.
264.
Const. art. VIII, sec. 2.
1907 S. L. ch. 117; 1930 0. C. Ann. sec. 60-1201.
Const. art. VIII, sec. 4; 1907 S. L. ch. 117; 1930 0. C. Ann.
sec. 60-1202, as amended 1935 S. L. ch. 22.
L. 1862, p. 785; 1930 0. C. Ann. sec. 33-112.
9.
1919 S. L. ch. 186; 1930 0. C. Ann. sec. 20-2317, as amended
1939 S. L. ch. 188.
L. 1862, Deady, p. 366; 1930 0. C. Ann. sec. 28-1004.
1913 S. L. ch. 273; 1930 0. C. Ann. sec. 27-605.
L. 1898, p. 9; 1930 0. C. Ann. sec. 27-3023.
1917 S. L. ch. 237; 1930 0. C. Ann. sec. 44-138.
1923 S. L. ch. 362; 1930 0. C. Ann. sec. 44-132.
L. 1854, Deady, p. 928; 1930 0. C. Ann. sec. 27-1720.
69 -
Governmental Organization and Records System
publishes a schedule of disbursements, showing the name of each claimant,
itemizing the amounts and the article or service for which payment is being
made, and indicating whether the claim has been approved or rejected. The
treasurer redeems such warrants according to priority, depositing the re-
deemed orders with the county clerk. (265) Any approved warrant, unpaid for
lack of funds, draws interest accruing from the date of presentation. (266)
The county treasurer is required to maintain county financial records
in a prescribed manner. Receipts and expenditures from various separate
funds are exhibited in separate accounts. (267) He makes a monthly account-
ing to the board of county commissioners, showing the amount of revenue on
hand, the banks in which funds are deposited, the security furnished the
county by the banks guaranteeing county deposits, interest rates received,
outstanding warrant indebtedness, and the date up to which the county's in-
debtedness has been redeemed. (268)
The records of each county official responsible for the handling of
county funds are given an official audit at the end of each calendar year.
(269) Audits may be made oftener if deemed advisable by the board of county
commissioners. Private citizens may call for an audit of the books of the
county providing a deposit is made with the State Insurance Commissioner of
a sum of money sufficient to cover the costs. (270)
Various phases of county activity may be financed by bond issues.
Oregon Constitution provided restrictions governing the bonded indebtedness
of any county. The aggregate bonded indebtedness may not exceed the sum of
$5,000 except to suppress insurrection or repel invasion or to build or
maintain permanent roads within the county. Debts for permanent roads may
be incurred only on approval of a majority of those voting on the question,
and may not either singly or in the aggregate, with previous debts and lia-
bilities incurred for that purpose, exceed 6 percent of the assessed valu-
ation of all property in the county. Bonds are issued upon the vote of a
majority of the voters at a special election, called by the board of county
commissioners. No bonds may be issued for a period exceeding 20 years.
Upon being voted, the bonds are sold by the board of county commissioners,
who are empowered to levy a special annual tax for payment of interest and
for retiring the principal upon maturity. (271) The board of county commis
sioners causes public notice to be made of bond redemptions, redeeming them
in order of priority.
School district boards, upon authorization by a majority of the legal
voters of the district, may provide bond issues for financing the purchase
265. L. 1854, Deady, p. 929; 1930 0. C. Ann. sec. 27-1722.
266. L. 1854, Deady, p. 929; 1930 0. C. Ann. sec. 27-1720.
267. L. 1854, Deady, p. 929; 1930 0. C. Ann. sec. 27-1718.
268.
269.
270.
271.
1921 S. L. ch. 225; 1930 0. C. Ann. sec. 27-715.
L. 1862, Deady, p. 332; 1915 S. L. ch. 266; 1930 0. C. Ann.
sec. 27-501.
The
1917 S L. ch. 161; 1930 0. C. Ann. sec. 27-504.
Const. art. XI, sec. 10.
10
Governmental Organization and Records System
of school lands and for building schoolhouses. (272) Improvement districts,
peoples' utility districts, and other municipal corporations, upon a major-
ity vote of the qualified voters of the district, may issue bonds, their
bonded indebtedness restricted to 5 percent of the total value of the tax-
able property in the district. (273)
Election Procedure. The organic laws adopted in 1845 provided that
any free white male inhabitant of 21 years or over who was a resident of
the Territory at the time of its organization, should be entitled to vote
for any officer, civil or military, and be eligible to hold any office in
the Territory. It was further provided that those of such qualifications
emigrating to the Territory after its organization should be entitled to
the rights of citizenship after six months residence. (274)
The Oregon Constitution adopted in 1859 provided that any white male
citizen of the United States, 21 years or older, or any white male of for-
eign birth, who had declared his intention to become a citizen, should
after six months residence be entitled to vote at all elections. (275) An
exception was made at that time to Negroes, Chinese and mulattoes, who were
allowed no right of suffrage. (276)
An initiative petition filed in December 1910 and adopted by a vote of
the people in November 1912 extended the franchise to women. (277) An
amendment adopted in 1914 specified that all voters be citizens of the
United States. (278) Another amendment adopted in 1924 required that vot-
ers submit to a literacy test. (279) At a special election in June 1927 a
further amendment prescribed that all voters be registered. (280) A con-
stitutional amendment in 1932 provided that the Legislature or the people
through the initiative may restrict the suffrage on special taxes or bond
issues to taxpayers only. (281) At a special election held on June 28,
1927, the constitutional provision denying suffrage to Negroes, mulattoes
and Chinese was repealed. (282) This provision had not been repealed pre-
viously, although it had not been in force since the adoption of the Fif-
teenth Amendment to the United States Constitution in 1870. (283) At pres-
ent, to qualify as a voter, one must be 21 years of age or older, must ful-
fill the requirements of the law as to residence, must be duly registered,
and must be able to read and write the English language. (284)
272. 1913 S. L. ch. 172; 1930 0. C. Ann. sec. 35-1104, as amended 1939
S. L. ch. 192.
Const. art. XI, sec. 12.
Ar. p. 29.
273.
274.
275.
276.
277.
278.
Const. original art. II,
Constitution, pp. 404,
Const. original art. II,
Constitution, pp. 404,
Const. art. II, sec. 2, as amended 1912.
Const. art. II, sec. 2, as amended 1914.
sec. 2; see Carey, A History of the Oregon
405.
sec. 2; see Carey,
sec. 2; see Carey, A History of the Oregon
405.
279. 1925 S. L. p. 5.
1929 S. L. p. 5.
280.
281.
282.
Const. art. II, sec. 2, as amended 1932.
Const. art. II, sec. 6, repealed 1927.
U. S. Const., Amendment XV, March 1870.
283.
284.
Const. art. II, sec. 2, as amended 1933 S. L. ch. 5.
71 -
Governmental Organization and Records System
To register as a voter, a citizen of Oregon must appear at the office
of the county clerk and furnish proof of eligibility to vote. (285) No
charge is made for registration.
It is the county clerk's duty to revise the registration list within
30 days after each biennial election. The clerk compares the poll books
of all general, special and primary elections held during the preceding
two years with the registration lists. The clerk removes the cards of
those who are shown not to have voted at least once during that time, and
the voter is notified of the removal by mail. These cards are retained
for one year, at the expiration of which time they may be destroyed. (286)
Candidates for nomination to any office for which they constitution-
ally are eligible are required to be registered electors. (287)
In the preparation of election materials and the actual conduct of elec-
tions, the county clerk, the sheriff, and the county court or board of com-
missioners have specified duties. Preparation of election ballots must be
undertaken by the county clerk not more than 25 days and not less than 20 days
before an election is to be held. Ballots contain the names of nominees to-
gether with other information in the certificates of nomination. (288)
Since 1920, primary elections have been held on the third Friday of May
of each even-numbered year. Although the Legislature in 1939 passed an act
providing that such elections be held in September, a referendum petition of
the people prevented the law from becoming effective. (289)
It is the duty of the county sheriff, under the direction of the county
court, to secure and equip, not less than one day prior to each election,
such places as are designated by the court to be used for voting. The
sheriff must provide each polling place with such compartments, shelves, or
tables as will insure privacy in the preparation of ballots by voters. (290)
The county clerk is required to deliver to the sheriff for use at each poll-
ing place the number of ballots required, two poll books, a copy of election
laws, tally sheets and necessary stationery supplies. (291)
The appointment of election officials is a duty of the county court.
The clerk submits to the court a list of legal voters from each precinct,
and, during the January term preceding a general election, the county court
285.
286.
287.
288.
1915 S. L. ch. 225; 1923 S. L. ch. 126; 1931 S. L. ch. 342;
1930 0. C. Ann. sec. 36-103.
1915 S. L. ch. 225; 1919 S. L. ch. 416; 1923 S. L. ch. 149;
1930 0. C. Ann. sec. 36-110, as amended 1933 S. L. ch. 149.
1915 S. L. ch. 124; 1930 0. C. Ann. sec. 36-501; 1933 S. L. ch. 77;
1939 S. L. ch. 360.
L. 1891, p. 23; 1930 0. C. Ann. sec. 36-1401, as amended 1939 S. L.
ch. 360.
1919 S. L. ch. 283; 1939 S. L. ch. 360.
289.
290. L. 1891, p. 26;
291. L. 1891, p. 26;
1935 S. L. ch. 40; 1930 0. C. Ann. sec. 36-1601.
1921 S. L. ch. 181; 1930 0. C. Ann. sec. 36-1409.
-
*
72 -
Governmental Organization and Records System
appoints two judges and three clerks for each precinct to serve for two
years. (292)
Preservation of order at the polls is in the hands of the election
judges, who during election are invested with the jurisdiction and author-
ity of justices of the peace. They may call on a sheriff, deputy, or
policeman in any incorporated city or town to execute their orders, or they
may deputize special constables. (293)
An absentee voter is defined as an elector who is absent from the
county of his legal residence upon the day of any general, special or pri-
mary election, or one who is physically incapable of attending the election.
The latter may secure a ballot by applying to the county clerk by letter,
enclosing with the letter a certificate of illness from a physician. A per-
son who resides more than 15 miles from the polling place may vote by absen-
tee ballot. (294) Any time within 30 days prior to an election a person may
secure ballots by applying to the county clerk. Application is made on a
printed form as required by law and must be signed and sworn to. (295)
The precinct tally is made by the judges and clerks of the precinct,
who thereafter send the ballot boxes, the ballots, and a set of tally
sheets to the county sheriff, who delivers them to the county clerk. (296)
The county-wide canvass is then undertaken on the third day by the
county clerk assisted by two justices of the peace, who are preferably of
different political parties. These three officials open the returns, make
abstracts of them and forward the abstracts immediately to the Secretary of
State, who certifies the successful candidate. (297)
Education. When Multnomah County was created in 1854, the public
school system of the Oregon Territory was in the process of development
towards its present pattern. With the formation of the Territory, the Fed-
eral Government insured public education in the Territory through the pro-
vision for setting aside two sections of land in each township as a source
of school funds. (298) The Territorial law of 1849 established the frame-
work of the free public school system. The act provided for a common
school fund, the proceeds of which were to be distributed among all school
districts of the Territory in proportion to the number of school children;
for the triennial election of a Territorial Superintendent of Common Schools
to direct all the public schools in the Territory; and for the election by
292.
L. 1891, p. 9; 1925 S. I. ch. 207; 1930 0. C. Ann. sec. 36-202.
293. L. 1891, p. 13; 1930 0. C. Ann. sec. 36-1513.
294.
1919 S. L. ch. 361; 1923 S. L. ch. 53; 1925 S. L. ch. 125;
295.
296.
297.
1929 S. L. ch. 177; 1930 0. C. Ann. sec. 36-2201, as amended
1939 S. L. ch. 159.
1919 S. L. ch. 361; 1923 S. L. ch. 53; 1930 0. C. Ann. sec. 36-2203,
as amended 1939 S. L. ch. 156.
L. 1891, p. 17; 1912 S. L. ch. 255; 1930 0.
1905 S. L. ch. 1; 1919 S. L. chs. 283, 420;
secs. 36-701, 36-702.
298. 9 Stat. 323.
C. Ann. sec. 36-1518.
1930 0. C. Ann.
- 73
Governmental Organization and Records System
the legal voters of the counties, at the annual county elections, of a
school commissioner for each county. (299)
Earlier, during the period of the Provisional Government, education in
the Oregon country had been a sporadic private enterprise. In 1843, the
Provisional Legislature went on record for the encouragement of education,
(300) but the only existing schools depended upon tuition fees and private
donations. Church-sponsored schools expressed the democratic public school
principle in their efforts to reduce the fees for those pupils of poor fi-
nancial means. (301)
The first public school in the area which later became Multnomah
County opened in 1851. (302) In the same year the Legislature abolished
the office of Superintendent of Common Schools, turning over major respon-
sibility for schools to the county courts. (303) When Multnomah County was
created, the Legislature provided for the office of county school superin-
tendent. (304)
The Oregon Constitution reaffirmed the provisions for public school
finances from school lands and their distribution, and defined other
sources of school revenue. (305) It also provided for the relationship be-
tween State and county administration of public education, creating the
office of State Superintendent of Public Instruction (306) and requiring
that a uniform system of common schools be established. (307)
Thus, the various school officials in the counties administer the
Oregon laws concerning public education. The State Board of Education con-
sisting of the Governor, the Secretary of State, and the Superintendent
of Public Instruction, provides uniform administration of the school laws,
(308) including the authorization of uniform textbooks as adopted by the
State Textbook Commission. An additional aid toward coordination and uni-
formity exists in the annual State convention of county school superintend-
ents, called by the State Superintendent of Public Instruction. (309)
The school district is a subdivision of the county provided for con-
venient school administration. (310) The three classes of districts are
determined by the number of children of school age resident in them: The
299. L. 1850, p. 67.
300. Ar. p. 28.
301.
Charles N. Reynolds, "Portland Public Schools, 1845-71," Oregon His-
torical Quarterly, III, 334.
Oregonian, Dec. 6, 1851.
L. 1851 (including 1850), p. 76.
I. 1853-54, p. 458.
302.
303.
304.
305.
306.
307.
308.
309.
310.
Ba
Const. art. VIII, secs. 2, 4, 5.
Const..art. VIII, sec. 1.
Const. art. VIII, sec. 3.
L. 1899, p. 212; 1930 0. C. Ann. sec. 35-201.
1907 S. L. ch. 116; 1930 0. C. Ann. sec. 35-421.
L. 1899, p. 216; 1930 0. C. Ann. sec. 35-901.
•
74.
Governmental Organization and Records System
first class, or city school district, numbers 1,000 or more school children;
second class districts number between 200 and 1,000 school children; while
third class districts number less than 200 children. The district existed
as an early form of organization, but it was not until 1899 that a special
school district boundary board was created in the counties to determine the
boundaries of the school districts. (311)
The school district, governed by a board of five directors, who are
elected by the qualified voters of the district, (312) is a corporate body
competent to transact any business coming under its jurisdiction. (313)
Joint districts, formed of adjacent territory in two counties, have the
same autonomy of administration, with responsibility of supervision divided
between the respective county superintendents of schools. (314) The city
school district is created by the consolidation of all districts within the
limits of any incorporated city or town whose school population exceeds
1,000 children. (315) The authority of the directors of first-class school
districts is somewhat greater than that of second class and third class
district directors. The board of directors controls the course of study
(316) and employs a city superintendent of schools. (317)
Multnomah County contains 30 school districts and 10 joint districts;
two districts are in the first classification. (318) The Portland public
school district operates under the laws governing city school districts,
with a city school superintendent and a school clerk, employed by the dis-
trict school board. (319) Directors of first class districts may provide
free textbooks. (320)
School attendance in Oregon is compulsory for children between the
ages of 8 and 16 years, (321) while for certain physically handicapped chil-
dren provisions are made for district-financed special instruction. (322)
elementary
Public school finances in the county consist of two funds:
school funds, derived from a tax of two mills upon all taxable property in
the state, (323) and the high school fund, provided by county levy. (324)
All school funds are distributed through the county superintendent of
schools.
311.
312.
313.
314.
315.
L. 1901, p. 60;
316. L. 1901,
L. 1901, p. 65;
317. L. 1901, p. 62;
318.
319.
320.
321. L. 1907, ch. 79; 1930 0. C. Ann. sec. 35-2101.
1930 0. C. Ann. sec. 35-1315a.
Oregon School Directory, 1938-39, pp. 46, 47.
L. 1901, p. 62; 1930 0. C. Ann. sec. 35-1314.
1907 S. L. ch. 92; 1930 0. C. Ann. sec. 35-1605.
322.
323.
324.
L. 1899, p. 216; 1930 0. C. Ann. sec. 35-601.
1921 S. L. ch. 265; 1930 0. C. Ann. sec. 35-806.
1921 S. L. ch. 265; 1930 0. C. Ann. sec. 35-805.
L. 1899, p. 216; L. 1901, p. 36; 1930 0. C. Ann. sec. 35-906.
1930 0. C. Ann. sec. 35-1301.
1930 0. C. Ann. sec. 35-1332.
L. 1929, ch. 322; 1930 0. C. Ann. secs. 35-3101, 35-3105.
1920 S. L. Sp. S. ch. 38; 1930 0. C. Ann. sec. 35-1801.
L. 1901, p. 147; 1930 0. C. Ann. sec. 35-3612.
..
- 75
G
Governmental Organization and Records System
Extra-curricular instruction also finds place in the county school
system.
This is true of 4-H Club work, administered under the joint spon-
sorship of the United States Department of Agriculture, State Department of
Agriculture, Oregon State College, and the Portland public school authori-
ties. There is some 4-H Club activity in most schools in Multnomah County,
sponsored in the schools by Parent Teachers' Association groups. (325)
The Portland Library Association, functioning cooperatively with the
county, is another agency in public education. (326)
Public Health. Unlike many county governmental agencies, the public
health service offices, beyond a limited scope, did not develop through
local initiative. A Federal public health service was established as early
as 1798, when an act of Congress authorized provisions for the care of sick
and disabled seamen. (327) It was not until 1878 that the United States
Public Health Service, a bureau of the Treasury Department, entered the
field of disease prevention and health education. In 1901 Congress author-
ized further efforts in the control of communicable disease. (328)
A number of states subsequently passed legislation to forward the pro-
gram being developed by the United States Public Health Service. Not until
1903, however, did the Oregon Legislature create the Oregon State Board of
Health and provide for a State Health Officer to supervise all matters re-
lating to the preservation of life and health of the people, to keep vital
statistics for the state, and to make surveys of sanitation regarding cause
and prevention of diseases. (329) Two years later, an enactment provided
for county and local boards of health and health officers, to work under
the direction of the State Board of Health and enforce its rules and regu-
lations within the counties. (330)
Prior to 1905 health measures in the counties largely had been limited
to medical attention for county charges, including indigents and persons in-
carcerated. The law of 1905, however, designated and empowered the county
physician to act as county health officer. The enactments of 1903 and 1905
extended official responsibility in public health matters in the State and
counties, respectively, and created agencies through which the United States
Public Health Service program of public hygiene and disease control could
be applied at State and local levels.
However, it was not until 1921 that steps were taken to establish more
than nominal public health services within the counties. Beginning that
year, the State Board of Health secured the cooperation and assistance of
the Federal health agencies under the Treasury Department and Department of
325.
326.
327.
328.
329.
330.
Portland Public Schools, Fifty-ninth Annual Report, p. 48.
See Library Association of Portland, p. 156.
Samuel Prescott and Murray P. Horwood, Sedgwick's Principles of Sani-
tary Science and Public Health, pp. 584, 585.
Ibid.
L. 1903, p. 82; 1930 0. C. Ann. sec. 59-101.
1905 S. L. ch. 170; 1930 0. C. Ann. sec. 59-201.
76
Governmental Organization and Records System
Labor. Funds received from the International Health Board of the Rocke-
feller Foundation were used to establish model, full-time health units in
each of five counties. (331)
The Federal Social Security Act of 1935 provided for the allotment of
matched funds to the states for extension of public health services through
State and local agencies. (332) These appropriations included funds for
maternal and child welfare activity, administered nationally by the Chil-
dren's Bureau of the Department of Labor. Further appropriations have been
made under the act for the establishment and maintenance of adequate State
and local public health services, administered under the direction of the
United States Public Health Service.
Thus, while Federal agencies initiated the public health program as it
exists today, jurisdiction over matters of State and local public health is
vested in the State Board of Health, under which county boards of health
and health officers function. Since 1937 Multnomah County has had a public
health officer, as well as a county physician. The county health unit also
includes the assistance of the county physician, (333) and three county
health nurses.
Prior to 1937, the county health officers cooperated with the Multno-
mah County Health Association, an unofficial body.
Relief and Social Welfare. Relief for the poor and the unemployed has
developed from a purely local enterprise into a responsibility of corre-
lated county, State, and Federal agencies. While early laws of Oregon pro-
vided public assistance for the indigent, (334) authorizing the county
courts to maintain workhouses for paupers, (335) it was a general policy to
emphasize the individual responsibility of citizens for the care of indi-
gent relatives. (336)
Until 1932, when the first Federal appropriation for relief purposes
was made, county responsibility for the care of the indigent increased.
Separate legislation provided for the relief of various special groups, in-
cluding indigent war veterans (337) and dependent children. (338)
331. Full Time County Health Units, pamphlet, published by the Oregon
State Board of Health, Portland, 1922; also Special Report, Oregon
State Board of Health on Their Twenty-fifth Anniversary, Portland,
1928.
332. 49 Stat. 620.
333.
334. L. 1843-49, p. 163.
335.
Commissioners' Journal, vol. 2, p. 3 (old series).
L. 1853-54, p. 505; 1930 0. C. Ann. sec. 27-1408.
336.
L. 1864, Deady, p. 847; 1930 0. C. Ann. sec. 27-1403.
337. L. 1889, p. 52; 1925 S. L. ch. 46; 1930 0. C. Ann. secs. 66-301,
66-302.
338.
1913 S. L. ch. 42; 1921 S. L. ch. 202; 1930 0. C. Ann. sec. 27-1301,
as amended 1937 S. L. ch. 288.
77 -
Governmental Organization and Records System
The Multnomah County Farm was established in 1870 by the county court,
(339) following a period of the contract method of providing for the indi-
gent. (340) Hospitalization and medical care for the county's indigent
were also provided in Multnomah County, first by contracts let to private
physicians (341) and later by the employment of a county physician. (342)
In 1932 widespread unemployment made welfare and relief needs a na-
tional problem. Congress appropriated funds for direct and work relief,
to be apportioned among the states. In the following year the Oregon Leg-
islature created the State and county relief committees (343) which were
later designated the State and county public welfare commissions. (344)
The Federal Social Security Act of 1935 further emphasized Federal respon-
sibility toward welfare needs. As provided by this act Federal appropria-
tions are apportioned among the states for relief of economic distress, for
aid to the needy blind and dependent children, and for old age assistance
and vocational rehabilitation. Funds so allocated to Oregon are adminis-
tered by the public welfare commissions of the State and county. Thus, the
county organization for relief and public welfare has become a part of a
nation-wide organization, correlating in function with State and Federal
agencies.
Public Works. The building and maintenance of county roads, bridges
and buildings was originally a function of the county court. (347) Since
1913 the board of commissioners has performed these duties. (348) The
authority of the various county courts and the Multnomah County board of
commissioners relative to public works has been reaffirmed from time to
time in more recent enactments. (349)
Involved in the welfare activity of Multnomah County are the following
officials: the board of county commissioners, (345) the Multnomah County
public welfare commission (346) and the superintendent of the county farm.
-
339.
Commissioners' Journal, vol. 1, p. 439.
340.
Ibid., vol. 1, p. 213.
241.
Ibid., vol. 2, p. 254.
342. 1905 S. L. ch. 170; 1933 S. L. ch. 15; 1935 0. C. Ann. Supp.
sec. 59-207.
Application by petition for locating new roads or changing those
already existing is made to the county commissioners, (350) who may levy an
annual tax to provide a separate fund for the undertaking. (351) The county
343. 1933 S. L. ch. 15.
1939 S. L. ch. 241.
344.
345.
1933 S. L. ch. 15; 1930 0. C. Ann. sec. 68-2601.
1939 S. L. ch. 241.
346.
C
347. L. 1853-54, p. 486; 1930 0. C. Ann. sec. 44-1302.
348. 1913 S. L. ch. 377; 1930 0. C. Ann. sec. 27-1704.
349. L. 1903, p. 262; 1930 0. C. Ann. sec. 44-1302.
350. L. 1903, p. 262; 1930 0. C. Ann. sec. 44-1306.
351. L. 1866, p. 21; 1930 0. C. Ann. sec. 27-105.
78
200
Governmental Organization and Records System
surveyor, who assumed his duties in 1855, (352) made all necessary surveys
for roads and bridges. (353) In 1901 the office of roadmaster was created
(354) but further legislation in 1917 restricted its powers and duties to
those of road building and maintenance. (355) The office of roadmaster
exists as provided in the statute of 1917. (356) He has charge of all work
on roads and bridges under the direction of the county commissioners. (357)
In Multnomah County the roadmaster performs duties ordinarily performed in
other counties by the county engineer.
Agriculture. In Multnomah County there are at present eight officials
concerned with agricultural affairs: the Bang's disease inspector, the
veterinarian, the stock (brand) inspector, the dairy herd inspector, the
horticultural inspector, the agricultural agent, the club agent, and the
home demonstration agent.
Since 1909 the board of commissioners has been authorized to appoint
veterinarians, whenever the prevalence of animal disease in the county
requires a veterinarian's services. (358) The first veterinarian was ap-
pointed in Multnomah County in 1912. (359)
A law of 1887 authorized the county courts of the various counties to
appoint an experienced stockman to serve as stock inspector for an indefi-
nite term. (360) The first appointment to this office in Multnomah County
was made in February 1893. (361) For a time subsequent to 1915 the Gover-
nor appointed the stock inspectors. (362) The law of 1931 provides that
the stock inspector be appointed by the Director of the State Department of
Agriculture upon the recommendation of the Cattle and Horse Raisers' Asso-
ciation. (363)
The first provision for a county dairy herd inspector in Multnomah
County was made by the Legislature in 1925. (364) An appointment was made
by the board of commissioners in 1926. (365) At present, the appointment
of the inspector must have the approval of the Director of the State De-
partment of Agriculture. (366)
352. L. 1853-54, p. 573; Commissioners' Journal, vol. 1, p. 6.
353. L. 1855, Deady, p. 890; 1930 0. C. Ann. sec. 27-1801.
354. L. 1901, pp. 105, 106.
355.
1917 S. L. ch. 299; 1930 0. C. Ann. sec. 44-1404.
1917 S. L. ch. 299; 1930 0. C. Ann. secs. 44-1402, 44-1404.
1917 S. L. ch. 299; 1930 0. C. Ann. sec. 44-1404.
1909 S. L. ch. 213; 1930 0. C. Ann. sec. 20-901.
Commissioners' Journal, vol. 4, p. 51 (old series), April 1, 1912.
357.
358.
359.
360.
361.
362. 1915 S. L. ch. 33; 1930 0. C. Ann. sec. 20-1201.
L. 1887, p. 101; 1930 0. C. Ann. sec. 20-1209.
Commissioners' Journal, vol. 18, p. 4 (old series).
363.
364.
365.
366.
1931 S. L. ch. 136; 1935 0. C. Ann. Supp. sec. 18-3807.
1925 S. L. ch. 366.
Commissioners' Journal, vol. 23, p. 85.
1931 S. L. ch. 136; 1935 0. C. Ann. Supp. sec. 18-3805, as amended
1939 S. L. ch. 15.
79
Governmental Organization and Records System
In Oregon the first provision for control of Bang's disease was made
by the Legislature in 1935, when appointments to the office of Bang's dis-
ease inspector were authorized. (367) It was not until January 1939 that
an appointment to this office was made in Multnomah County. (368)
In 1905 the Oregon Legislature enacted a law providing for the appoint-
ment of a fruit inspector in the counties of the State. (369) The first
appointment to this office was made in Multnomah County in 1906. (370)
Since 1931 this officer has been designated as the county horticultural
inspector. (371)
A statute of 1913 authorized the county courts of the various Oregon
counties to appoint an agricultural agent to study agricultural problems
and to promote better agricultural methods. (372) In Multnomah County the
first appointment was made in 1916. (373) The work of the agricultural
agent is carried on in collaboration with Oregon State College and the
United States Department of Agriculture.
The work of the club agent is a comparatively recent development in
governmental service. In Oregon the work was in part an outgrowth of the
custom of holding juvenile fairs in several counties of the state. (374)
In 1913 the Logislature appropriated money for the promotion of juvenile
industrial work. (375) Since 1914, when Congress passed the Smith-Lever
Act, club work has been an organized part of the regular extension program
of land grant colleges under the direction of the United States Department
of Agriculture. (376) A club agent was appointed in Multnomah County in
1921. (377)
Prior to 1930 all agricultural and home demonstration work in Multno-
mah County was performed by the club agent. In 1930 a home demonstrati on
agent was appointed for Multnomah County. (378)
A legislative enactment of 1919 authorized the board of commissioners
to create dog control districts. (379) The dog control board is composed
of three resident supervisors, appointed by the board of commissioners to
367. 1935 S. L. ch. 432; 1935 0. C. Ann. Supp. secs. 20-428 to 20-446.
368. Commissioners' Journal, vol. 46, p. 9 (new series).
369. 1905 S. L. ch.
Supp. sec. 18-2607.
370. Commissioners'
442 (old series).
371. 1931 S. L. ch. 232; 1935 0. C. Ann. Supp. sec. 18-2606.
1913 S. L. ch. 134; 1930 0. C. Ann. sec. 18-1101.
222; 1935 0. C. Ann.
Journal, vol. 24, p.
372.
373.
Commissioners' Journal, vol. 6, p. 325 (new series).
374.
375.
Oregon Blue Book, 1939-40, p. 160.
1913 S. L. ch. 110; 1930 0. C. Ann. sec. 20-2310, as amended 1931
S. L. ch. 155.
52 Stat. 31.
376.
377.
Commissioners' Journal, vol. 11, p. 435; vol. 15, p. 218 (new series).
Ibid., vol. 32, p. 246 (new series); see also pp. 159, 160.
378. Ibid.
379.
1919 S. L. ch. 186; 1930 0. C. Ann. sec. 20-2310.
-
·
80 -
Governmental Organization and Records System
serve for two years. (380) The first appointments to this board in Multno-
mah County were made in 1925. (381)
Fairs are held annually in Multnomah County under the direction of the
Multnomah County Fair, a private corporation. (382)
Uniformity of Records. An analysis of the records system of Multno-
mah County must recognize that the county's larger population necessitates
transaction of a greater volume of business by this county's officials than
those of other counties. The increase in county business has apparently led
officials to institute changes from time to time in the manner of keeping
records. Thus, a new official might begin keeping a separate record of busi-
ness which earlier had been recorded in a book containing other business, or
he might discontinue a record kept by a predecessor (entries 77, 119, 749).
Changes in the organization and relationships of offices have also affected
the records system (auditor-clerk, county court-board of commissioners).
Because of its largely urban population Multnomah County records differ
further from those of other counties. For example, vital statistics rec-
ords (entries 856-858) maintained by the county health officer are relatively
few in number as most of the births and deaths occur within the city of Port-
land, in which are most of the hospitals of the county.
A number of records for Multnomah County are not accounted for in this
inventory. (383) This is probably caused by discontinuance of records when
new officials took charge of offices (entries 516, 757). Other records are
somewhat difficult to trace because of changes of title or method of record-
ing (entries 169, 188, 339).
The Commissioners' Journal (title varies) has been continuous and com-
plete since 1855. This record has been kept in two series of volumes, de-
signated as old and new series (entry 1). No separate index to the Commis-
sioners' Journal was kept until 1878 and the system of indexing was changed
from time to time. A separate index has been kept since 1922 (entry 2).
Certain records now kept separately were formerly included in the Commis-
sioners' Journal. Among these are the Commissioners' Journal and Warrant
register, 1903-14 (entry 15) and the Jury Lists prepared by the commission-
ers, 1854-1925 (entry 1). Since 1929 these are kept in the circuit court
records (entries 344 to 351). Jury lists 1926-28 are missing.
380.
381.
382.
383.
The Record of Roads, continuous since 1855 (entry 16), consists of
surveyor's field notes submitted to the commissioners. The Record of Roads
and Vacations (title varies), 1869-- (entry 26), contains a register of pe-
titions and papers pertaining to roads. The record also contains the (County
Court Criminal Register) 1869-91 (entry 317) and a record of liquor and ferry
licenses issued and fees collected for such licenses.
G
1933 S. L. ch. 228, as amended 1939 S. L. ch. 317.
Commissioners' Journal, vol. 22, p. 59 (new series).
See Multnomah County Fair Association, p. 193.
For records cited on this page and on subsequent pages see Vol. II
of this inventory.
J
81
Governmental Organization and Records System
The record of Tax Levies 1903-30 for school districts (entry 38), and
the record of School Tax Sales 1876-92 (entry 39) are now included in the
tax collector's records of delinquent taxes (entry 683).
Reports of audits ordered by the board of commissioners are shown only
from 1885 to 1891 (entry 44).
The records of the civil service commission begin in 1929 and are con-
tinuous (entries 54-63).
These
Deed records in Multnomah County are continuous since 1854.
records contain Power of Attorney 1854-1912 (entry 77). Since 1913 Powers
of Attorney have been kept in a separate record (entry 119).
Records of mortgages, 1855--, also include Powers of Attorney 1855-1912
(entries 81, 119, 158). The record of maps and plats is complete, 1888--,
as required by law (entry 92).
A law of 1901 (L. 1901, p. 124; 1930 0. C. Ann. sec. 54-202) described
the recording of liens of various types; however, records of liens had been
kept previously, 1855-72 (entry 192), 1873 to date (entry 109). When sub-
sequent laws have required other liens to be recorded, such records have
been kept.
A separate record of official bonds has been kept since 1888 (entry
122). Prior to 1888 the record of official bonds was kept in the Commis-
sioners' Journal along with the commissioners' approval of bonds (entry 1).
GEND
The record of marriages performed is continuous since 1855 (entry 130),
but the records of births and deaths date only from 1920 (entries 126, 127,
155, 136).
Certain election records are continuous only since 1908 (entry 140),
while a number of election records have been discontinued. A record of
Election Returns has been kept for 1862, 1878, 1890-1934 (entry 146).
A separate record of appointments of deputies has been kept since 1900
(entry 152) and of special deputy sheriffs since 1925 (entry 153). Previ-
ous records of appointments are presumably in the Commissioners' Journal
(entry 1).
Reports of Coroner's Inquests are complete since 1890 (entry 186) but
the index is complete only since 1902 (entry 187).
The County Clerk's Fee Book is continuous since 1894 (entry 188).
Prior to that date fees were recorded in the circuit court fee book and the
register and fee book of the probate court (entries 338, 381).
The auditor's system of keeping records has been changed from time to
time since the establishment of the office in 1895. The records appear to
be complete and continuous since that date although the Auditor's Journal
82
Governmental Organization and Records System
began in 1894 and was discontinued in Jan. 1929 (entry 201). The Auditor's
Claim Sheets (entry 230) contains the Warrant Register, 1902-28 (entry 232),
which has been continuous from 1902 to 1928.
Probate records formerly kept by the county court (judicial) were
transferred to the probate department (circuit court) in 1913. The Record
of Bonds of Administrators, Executors, and Guardians has been kept since
1854 (entry 376) but other probate records are of later date: the Record
of Wills, 1859 (entry 365); Probate of Estates, 1856 (entry 362); and the
County Court Probate Journal (title varies), 1859 (entry 377).
The record of insanity cases is continuous since 1862 (entry 387) but
the index to insanity cases dates only from 1873 (entry 384).
Divorce records of the department of domestic relations (circuit court)
are continuous since 1914 (entry 392), but other records pertaining to
domestic relations are not continuous (entries 391, 393). Juvenile records
may be temporary or permanent in the discretion of the court (1913 S. L.
ch. 249; 1937 S. L. ch. 316). Earlier records of domestic relations and
juvenile cases are probably in the Journal of County Court Law (entry 333).
The civil and criminal case files of the district court are continuous
since the creation of the court in 1913 (entries 414, 415), as is the Dis-
trict Court Docket (entry 417). The criminal docket is continuous only since
1927 (entry 423).
Certain records of former justice of the peace courts in Multnomah
County are now kept among the records of the district court (entries 433-446,
451-470). The records of the present Multnomah (Gresham) district are not
continuous, the justice docket dating from 1921 to 1933 (entry 447) and the
Small Claim Docket from 1921 to 1935 (entry 450).
There are few legally required records for the office of sheriff.
However, the sheriff of Multnomah County keeps a large number of records
because of the relatively large volume of business conducted by his office
as compared with other counties. The Sheriff's Docket begins in 1894 and is
continuous since that date (entry 471), while record copies of Certificates
of Sale to Satisfy Judgment are continuous since 1855 (entry 488). The
record of permits to carry firearms has been kept since 1925; prior records
were destroyed (entry 559).
The tax rolls kept by the tax collector are continuous and complete
since 1871 (entry 676). Record copies of sale certificates for delinquent
taxes were kept from 1859 until 1909 (entries 192, 687). Other delinquent
tax records date from 1879 and are discontinuous (entries 682, 683, 684).
The records system of the treasurer has undergone change from time
to time. While certain records have been discontinued (entries 749, 755),
data pertaining to fiscal matters have been continuously recorded since
1864 (entries 749, 750, 764).
83
Governmental Organization and Records System
The earliest continuous record of the county school superintendent is
the record of district clerks' annual reports, beginning in 1876 (entry
808). However, the stub record of teachers' certificates issued by the
county school superintendent began in 1855 and was discontinued in 1887 (en-
try 815).
condition.
The Multnomah County records are on the whole complete and in good
However, certain changes which have been made from time to time
in the system of record keeping (changes apparently introduced in the inter-
ests of convenience or efficiency by a particular official) have made it
difficult sometimes to trace a record or a type of record over a long period
of years. Moreover, the titles used for designating a particular record or
type of record frequently show several variations. Partly for this reason
also it is not always easy to classify records or to determine the continu-
ity of a particular record. In some instances, a lack of office space in
the Multnomah County courthouse has necessitated the frequent moving of rec-
ords from place to place, with the result that records functionally related
become widely separated.

DISTRICT
ELECTORATE
I
CIRCUIT
COURT
9 DEPTS.
9 JUDGES
6 YEARS
DEPT. OF
DOMESTIC
RELATIONS
PROBATION
CFELCER
DEPT.
OF
PROBATE
JURY CCM-
MISSIONER
AI
C
DISTRICT
COURT
4 JUDGES
€ YEARS
DOG CONTROL
BOARD
3 MEMBERS
2 YEARS
D. C. CLK.
4 YEARS
JUSTICE
OF THE
PEACE
6 YEARS
MULT NOMAH
COUNTY FAIR.
& COUNT
CONSTITUTIONAL OFFICES
VETERI-
NARIAN
STATUTORY OFFICES
APPOINTED BY CONNECTING OFFICE
(4)
CORONER
4 YEARS
·EX OFFICIO OFFICE MEMBER
APPOINTIVE, WITH INDEFINITE TERM
NOT TO EXCEED FOUR YEARS.
CONSTABLE
4 YEARS
BOARD OF
EQUALIZATION
STOCK
INSPECTOR
(3)↓
CHART OF GOVERNMENT
BANG'S
DISEASE
INSPECTOR
DISTRICT
ATTORNEY
4 YEARS
(2)
ASSESSOR
4 YEARS
(3)
HOME
DEMONSTRA-
TION AGENT
Al
(4)
(5)
COUNTY
CLERK
4 YEARS
(1)
1
Al
J
- 84
CLUB
AGENT
(5)
COUNTY ELECTORATE
(1)
) EX OFFICIO CLERK OF CIRCUIT AND COUNTY
BOARD OF
COUNTY
COMMISSIONERE
3 MEMBERS
COUNTY
HORTICUL-
ΕΞΞΞΞΞΞΞ
TURAL
AGRICULTURAL
INSPECTOR
AGENT
(5)
4 YEARS
DAIRY
HERD
INSPECTOR
!
LIBRARY AS-
SOCIATION
OF PORTLAND
COURTS; ALSO EX OFFICIO RECORDER OF CONVEYANCES.
COMPOSED OF BOARD OF COMMISSIONERS (EX OFFICIC)
AND 4 LAYMEN APPOINTED BY GOVERNOR.
(7)|
SUPERVISOR
OF
ELECTIONS
2 YEARS
APPOINTED BY STATE DIRECTOR OF APICULTURE UPON RECOMMENDA-
TION OF CATTLE AND HORSE RACERS' ASSOCIATION OF OREGON.
APPOINTMENT SUBJECT TO APPROVAL OF STATE DIRECTOR OF
AGRICULTURE.
MULTNOMAH COU.
AUDITOR
DISTRICT
BOUNDARY
BOARD
4 YEARS
(6)
(7)
(8)
COUNTY
PUBLIC
WELFARE
COMMISSION
(2)
CIVIL
SERVICE
COMMISSION
3 MEMBERS
YEARS
Al
TREASURER
4 YEARS
COUNTY
PHYSICIAN
Al
COUNTY
SCHOOL
SUPERIN-
TENDENT
4 YEARS
COUNTY
HEALTH
NURSES
I
ΑΙ
SHERIFF
4 YEAR'S
NON-PROFIT PRIVATE CORPORATION.
TAX
COLLECTOR
BOARD
OF
SUPERIN
TENDENT
OF
COUNTY FARM
HEALTH
(5) FACULTY MEMBER OF OREGON STATE COLLEGE AND
CO-OPERATIVE EMPLOYEE OF U. S. DEPT. OF
AGRICULTURE.
APPOINTED BY GOVERNOR.
COMMISSIONERS (EX OFFICIO) SERVE ON BOARD
OF DIRECTOPS.
1
}
TAX SUP. AND
CON. COM.
3 MEMBERS
3 YEARS
A ¡
SURVEYOR
4 YEARS
AI
COUNTY
HEALTH
OFFICER
ROADMASTER
(6)
85
Ar.
art.
ch. (s)
chron.
clk.
Const.
dept. (s)
d. c.
ed.
ff.
Ibid.
L.
no.
off.
Ore.
Or.
0. C. Ann.
0. C. Ann. Supp.
op. cit.
p. (pp.)
sec.
S. L.
Stat.
Sp. S.
tax sup. and
con. com.
U. S.
va.
vol. (s)
U. S. C. A.
ABBREVIATIONS
The Oregon Archives
article
chapter (s)
chronological (ly)
clerk
Oregon Constitution
department (s)
district court
edition, edited by
following
the same reference
Laws of Oregon
number
office
Oregon
Oregon Supreme Court
Reports
Oregon Code Anno-
tated
Oregon Code Anno-
tated Supplement
work cited
page (s)
section
Session Laws
U. S. Statutes at
Large
Special Session
tax supervising and
conservation com-
mission
United States
vault
volume (s)
United States Code
Annotated
86
Introduction. The board of county commissioners of Multnomah County
was created by act of the Legislature in 1913. (1) By passing this act the
Legislature availed itself of its constitutional authority to abolish in a
given county the office of county judge and to provide a separate board of
commissioners to transact county business. (2) Originally, from the time
when Multnomah County was organized in 1854 until the adoption of the Oregon
Constitution in 1859, the business of the county had been administered by a
board of three commissioners. (3) During this period the county judge had
no duties except as judge of probate. (4) Later, however, following the
adoption of the Constitution and continuing until 1913, county business was
conducted in Multnomah County by the county court, consisting of the county
judge and two commissioners acting in an administrative capacity. Finally,
the measure of 1913 abolished the office of county judge and provided that
a commissioner be appointed by the Legislature to fill the vacancy thus cre-
ated, to serve until the election of a successor. (5)
The act of 1913 empowered the county commissioners to appoint a chair-
man from among their number and to exercise all powers for the conduct of
county business which had earlier been held by the county court. (6) How-
ever, in the act of 1913 and in succeeding measures, the former judicial
functions of the county court as conducted previously by the county judge
were transferred to the circuit court of the fourth judicial district. (7)
Qualifications, Oath, and Bond. The county commissioners are required
to be United States citizens, qualified electors under the Constitution and
residents of the county for at least one year preceding their election. (8)
No bond is required, (9) but they must subscribe to an oath of office. (10)
S
Manner of Selection. The commissioners serve for a term of four years.
Two members are elected at a general election; the third at the following bi-
ennial election. They are chosen at large by the voters of the county. (11)
N
1. 1913 S. L. ch. 377; 1930 0. C. Ann. sec. 27-1704. For a discussion of
the history and legal background of the county court as operating in
the other counties of Oregon, see Inventory of the County Archives
of Oregon, No. 17, Josephine County, pp. 67, 68, 70.
2. Const. art. VII, sec. 12.
L. 1850, p. 210; L. 1850 (including L. 1851), p. 76; L. 1854, p. 29.
L. 1852, p. 4; L. 1859, p. 9.
1913 S. L. ch. 377; 1930 0. C. Ann. sec. 27-1702.
456~
4.
I. BOARD OF COUNTY COMMISSIONERS
5.
7.
6. 1913 S. L. ch. 377; 1930 0. C. Ann. sec. 27-1702.
8.
9.
See Department of Probate (Circuit Court), pp. 111, 112, and Department
of Domestic Relations (Circuit Court), p. 115.
L. 1864, Deady, p. 825;
L. 1864, Deady, p. 825;
1930 0. C. Ann. sec. 27-1710.
1930 0. C. Ann. sec. 27-1710.
10. L. 1864, Deady, p. 825; 1930 0. C. Ann. sec. 27-1710.
11. L. 1901, p. 399; 1930 0. C. Ann. secs. 27-1703, 27-1704.
- 87 -
Board of County Commissioners
Compensation. In 1913 the county commissioners of Multnomah County
received a salary of $250 per month. (12) In 1930, however, the salaries
were increased to $4,000 per year, payable in monthly installments. (13)
An amendment to the law provided for a temporary reduction in the commis-
sioners' salaries from July 1, 1935 to June 30, 1937. (14)
Manner of Removal. Prior to the adoption of the Constitution in 1859,
a member of the county court could be removed from office only upon convic-
tion by indictment in a higher court. A provision of 1850 required that
members of the county court, upon conviction in the district court, corre-
sponding at that time in jurisdiction to the present circuit court, should
be removed from office. (15) The Constitution provides that public officers
shall not be impeached, but that irregularities and corruption in office
shall be tried as a criminal offense, with judgment including dismissal from
office. (16) In 1908 Oregon adopted the recall procedure, providing for
popular recall of any public officer. The recall is initiated by a peti-
tion signed by 25 percent of the legal voters, stating the reasons for the
proposed recall, which is then referred to the voters of the county. (17)
Time of Meeting. Originally the law provided that the county court
meet on the first Monday in April, July, September, and December of each
year; but in 1901 meetings were held subject to call by the county judge.
In 1911 the time of meeting was again revised, and the law stipulated that
the court meet on the first Wednesday of each month. (18) From 1913 to
1918 the board met as frequently as seemed expedient, apparently not follow-
ing any fixed rule; however, beginning with 1918, the board has been meeting
each Monday and Wednesday. This practice is still followed. (19)
Ex Officio Capacities. The county commissioners are ex officio members
of the Multnomah County Library Association, (20) the district boundary
board, (21) the county health board, (22) and the county public welfare
commission. (23)
Clerk. The county clerk is ex officio clerk of the board of county com-
missioners and custodian of its records. (24)
12. 1911 S. L. ch. 89; 1930 0. C. Ann. sec. 27-1705.
13.
14.
1907 S. L. ch. 249; 1921 S. L. ch. 71; 1930 0. C. Ann. sec. 27-2827.
1933 S. L. ch. 241; 1935 0. C. Ann. Supp. sec. 27-2827; 1935 S. L.
ch. 447.
15.
L. 1850, p. 79.
16.
Const. original art. VII, sec. 6.
Const. art. XI, sec. 18, as amended 1908.
1911 S. L. ch. 89; 1930 0. C. Ann. sec. 27-1705.
17.
18.
19. 1911 S. L. ch. 89; 1930 0. C. Ann. sec. 27-1705.
20. 1919 S. L. ch. 357; 1930 0. C. Ann. sec. 35-4413.
21. 1907 S. L. ch. 116; 1930 0. C. Ann. sec. 35-601.
22. 1905 S. L. ch. 170; 1930 0. C. Ann. sec. 59-201.
23. 1939 S. L. ch. 241.
24.
Const.
Const. art. VII, sec. 15.
-
• 88.
Board of County Commissioners
·
Purchasing Agent. The statutes make no provision for the establishment
of the office of purchasing agent. However, the board of county commission-
ers of Multnomah County appointed an officer designated as purchasing agent
in June 1913, (25) under the broad powers granted by the statutes for the
conduct of county business. (26) Prior to 1913 the county court, whenever
it was deemed necessary, designated the county auditor to act as a purchas-
ing agent in the procurement of supplies for county offices. (27)
The purchasing agent is appointed by the county commissioners for an
indefinite term in conformity with the rules of the Multnomah County civil
service commission. (28) He is charged with certain routine duties in con-
nection with the procurement of supplies.
Powers and Duties. The functions of the board of county commissioners
have been regulated by statute. (29) In transacting the county's fiscal
business the board has power to determine during the court terms in January
and July the amount of revenue necessary for county purposes, to apportion
this amount among the various county officers, and to levy a tax on all tax-
able property in the county, sufficient to cover the county's expenses. (30)
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
The county commissioners, together with an equal number of qualified
electors, whom it appoints, constitute the budget committee. It is the duty
of the budget committee to prepare all estimates of expenditures required.
The law provides that no tax may be levied unless an estimate of expenses is
submitted and published to furnish opportunity for a full and complete dis-
cussion. (31) The levying board is required annually to submit to the tax
supervising and conservation commission its detailed estimates of an annual
budget for the fiscal year. (32)
G
Having general care and management of all county property, (33) the
board of county commissioners is further authorized to erect and maintain,
by making necessary repairs, a courthouse, jail, county hospital, (34) and
to provide quarters and equipment for all county officers; (35) to establish,
vacate, or alter county roads or highways within the county, and to erect and
repair county bridges, (36) including those crossing the Willamette River in
Commissioners' Journal, vol. 1, p. 1 (new series).
L. 1862, Deady, p. 870; 1913 S. L. ch. 377; 1935 0. C. Ann. Supp.
sec. 28-1004, as amended 1937 S. L. ch. 91.
Commissioners' Journal, vol. 21, p. 180 (old series).
1929 S. L. ch. 162; 1930 0. C. Ann. sec. 27-2906.
L. 1862, Deady, p. 366; 1935 0. C. Ann. Supp. sec. 28-1004.
L. 1862, Deady, p. 366; 1935 0. C. Ann. Supp. sec. 28-1004.
1921 S. L. ch. 118; 1935 0. C. Ann. Supp. sec. 69-1114.
1921 S. L. ch. 208; 1935 0. C. Ann. Supp. sec. 69-1206.
L. 1862, Deady, p. 366; 1930 0. C. Ann. sec. 28-1004.
1911 S. L. ch. 31; 1930 0. C. Ann.
L. 1862, Deady, p. 366;
sec. 27-1501.
35. L. 1862, Deady, p. 366;
36. L. 1862, Deady, p. 366;
Ap
1930 0. C. Ann. sec. 28-1004.
1930 0. C. Ann. sec. 28-1004.
89
Board of County Commissioners
Portland; (37) to establish and maintain roads to all public cemeteries where
no charge is made for burial lots; (38) to provide and maintain public parks
and recreational areas within the county, provided they are not within the
limits of any incorporated city. (39)
Individuals and private corporations were authorized to construct and
operate toll roads and ferries during the period of the Provisional and Ter-
ritorial Governments. (40) Since Oregon became a State in 1859, the county
commissioners have continued to exercise authority over the construction and
maintenance of county roads. Early enactments granting authority to the
county commissioners to acquire land for county roads (41) and to exercise
the power of eminent domain (42) have been retained. Authority to form road
districts (43) and procedure by petition for construction and alteration of
a county road within a district (44) have been established by statute. Vari-
ous enactments have provided for the regulation of the use of county roads,
and have granted authority to the county commissioners to issue permits for
road use by certain types and weights of vehicles. (45)
Furthermore, the commissioners cooperate with the State Highway Commis-
sion, (46) and assist that body in acquiring rights-of-way for State roads
and highways. (47) The county commissioners are empowered to assist in the
construction of certain State roads under the direction of the State highway
engineers, (48) and the county receives an annual appropriation from the
State highway fund. (49) Likewise, under the Federal Post Road Act of 1916,
the board of county commissioners cooperates with the Forest Service of the
United States Department of Agriculture and the State Highway Commission in
the construction and maintenance of National Forest roads within the county.
(50) The construction of dykes and dams for land improvement and reclama-
tion is another phase of public works over which the board of county commis-
sioners has jurisdiction. (51)
37. L. 1862, Deady, p. 366; 1911 S. L. ch. 141; 1930 0. C. Ann.
secs. 27-901, 27-902, 27-903.
L. 1862, Deady, p. 366; 1930 0. C. Ann. sec. 28-1004.
1925 S. L. ch. 266; 1930 0. C. Ann. sec. 28-1004, as amended 1935 S. L.
ch. 226.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
L. 1843-49, p. 42; L. 1851-52, pp. 3, 63; L. 1864, Deady, p. 667.
1919 S. L. ch. 10; 1930 0. C. Ann. secs. 44-4202 to
L. 1843-49, p. 42;
44-4209.
1917 S. L. ch. 335;
L. 1853-54, p. 492;
L. 1853-54, p. 486;
1905 S. L. ch. 189;
ch. 360.
Ann. sec. 37-305.
1930 0. C.
1917 S. L. ch. 299; 1930 0. C. Ann. sec. 44-1501.
1930 0. C. Ann. sec. 44-1306.
1930 0. C. Ann. sec. 55-805, as amended 1931 S. L.
1930 0. C. Ann. sec. 44-134.
1935 0. C. Ann. Supp. sec. 44-131a.
1930 0. C. Ann. sec. 44-132.
1917 S. L. ch. 237;
1935 S. L. ch. 193;
1921 S. L. ch. 362;
1917 S. L. ch. 237; 1935 0. C. Ann. Supp. sec. 44-138.
1919 S. L. ch. 391;
L. ch. 391; 1930 0. C. Ann. sec. 44-413.
L. 1895, p. 117; 1930 0. C. Ann. sec. 34-401.
1
90 -
-
-
Board of County Commissioners
Further statutes have granted the county commissioners authority to
sell county lands, (52) and to exchange such lands. (53) County lands
acquired by foreclosure may be deeded to the State for reforestation pur-
poses. (54) Separate enactments pertain to county grazing lands, includ-
ing the authority of the county commissioners to lease such lands to the
Federal Government. (55)
52.
53.
54.
55.
Upon petition of the residents of an area, the county commissioners
conduct elections for the purpose of establishing drainage districts in
counties, (56) sanitary districts, (57) rural fire protection districts,
(58) port districts, (59) flood control districts, (60) and land improve-
ment districts. (61)
56.
Early enactments gave authority to the county commissioners to care
for indigents (62) and to provide workhouses for paupers. (63) While the
county commissioners still retain jurisdiction over county institutions,
since 1933 welfare work has generally been a function of the county public
welfare commission. (64)
Provision has been made for the county commissioners to furnish finan-
cial aid to certain public institutions. Thus, the board of commissioners
may appropriate a sum, not to exceed $10,000 per annum, for maintenance of
an art museum. All money advanced is paid by warrant drawn by the county
commissioners, who are entitled to receive a full report from the museum as
sociation as to the expenditure of the money. (65) In 1919 the Legislature
empowered the county commissioners to establish memorials and club rooms for
the use of ex-service men, (66) and later, to designate rooms in the county
courthouse for meeting places for veterans. (67) Public libraries may be
erected, equipped, and maintained by the county commissioners. (68)
1905 S. L. ch. 201; 1930 0. C. Ann. sec. 27-115.
1935 S. L. ch. 95; 1935 0. C. Ann. Supp. sec. 27-126.
1933 S. L. ch. 305; 1935 0. C. Ann. Supp. sec. 42-208.
1931 S. L. ch. 86; 1935 S. L. ch. 86; 1935 0. C. Ann. Supp.
sec. 27-127.
1913 S. L. ch. 52; 1915 S. L. ch. 340; 1930 0. C. Ann.
sec. 34-201.
1935 S. L. ch. 385; 1935 0. C. Ann. Supp. sec. 47-2201.
1929 S. L. ch. 379; 1930 0. C. Ann. sec. 46-2201.
1909 S. L. ch. 39; 1930 0. C. Ann. sec. 65-701.
1937 S. L. ch. 414.
57.
58.
59.
60.
61.
1933 S. L. ch. 439; 1935 0. C. Ann. Supp. sec. 42-1103.
62. L. 1853-54, p. 462; 1930 0. C. Ann. sec. 27-1401.
63. L. 1854, p. 848; 1930 0. C. Ann. sec. 27-1408.
See County Public Welfare Commission, p. 170.
64.
65. 1931 S. L. ch. 134; 1935 0. C. Ann. Supp. sec. 27-121.
66. 1919 S. L. ch. 99; 1930 0. C. Ann. sec. 27-109.
67.
1931 S. L. ch. 6; 1935 0. C. Ann. Supp. sec. 66-405.
1919 S. L. ch. 357; 1930 0. C. Ann. sec. 35-4426.
68.
- 91 -
Board of County Commissioners
The board of county commissioners has power to license ferries (69)
and fix their tolls, (70) to license grocery stores, (71) dance halls, (72)
bowling alleys, (73) and public shows (74) within the county, provided they
are outside the corporate limits of any town or city. No private hospital
for the insane may be operated without a license issued by the county com-
missioners. (75) Prior to the enactment of the State prohibition law, the
county commissioners issued saloon licenses, (76) and since the repeal of
the prohibition laws, they may make recommendations to the State Liquor Con-
trol Commission for liquor licenses within the county. (77)
It is one of the miscellaneous functions of the board to regulate elec-
tions to change county boundaries, (78) elections to change the type of
school organization in the county, (79) and elections for the incorporation
of municipalities and ports. (80) The board also establishes election pre-
cincts (81) and makes appropriations for the registration of voters. (82)
Legislation in 1921 vested in the board of county commissioners certain
powers over military matters, including the power to determine claims for
exemption from military services, (83) to establish armories, (84) and to
request the Governor to declare martial law. (85)
Among the general administrative functions of the county commissioners
is the fixing of bonds of the county treasurer (86) and county surveyor. (87)
The board also approves the bonds of the county clerk, (88) sheriff, (89)
and coroner. (90) The county commissioners make an audit of the accounts of
69. L. 1853-54, p. 497; 1930 0. C. Ann. sec. 44-4106.
70. L. 1853-54, p. 498; 1930 0. C. Ann. sec. 44-4113.
71. L. 1852, p. 68; 1930 0. C. Ann. sec. 28-1004.
72.
L. 1864, Deady, p. 776;
L. 1854, Deady, p. 775;
1930 0. C. Ann. sec. 27-3102.
73.
74.
1930 0. C. Ann. sec. 27-3201.
1933 S. L. ch. 369; 1935 0. C. Ann. Supp. sec. 27-3301.
1911 S. L. ch. 65; 1930 0. C. Ann. sec. 59-1401.
75.
76.
77.
78.
79.
80.
L. 1850, p. 227.
1937 S. L. ch. 448.
1913 S. L. ch. 10; 1930 0. C. Ann. sec 26-201.
1931 S. L. ch. 46; 1935 0. C. Ann. Supp. sec. 35-837.
1913 S. L. ch. 345; 1930 0. C. Ann. sec. 56-102; 1909 S. L. ch. 39;
1930 0. C. Ann. sec. 65-703.
81.
82.
83. 1921 S. L. ch. 207;
84. 1921 S. L. ch. 207;
85.
86.
L. 1891, p. 9; 1931 S. L. ch. 81; 1930 0. C. Ann. sec. 36-201.
1915 S. L. ch. 225; 1930 0. C. Ann. sec. 36-101.
1930 0. C. Ann. sec. 52-104.
1930 0. C. Ann. sec. 52-309.
1921 S. L. ch. 207; 1930 0. C. Ann. sec. 52-318.
L. 1864, Deady, p. 826; 1930 0. C. Ann. sec. 27-1724.
87. L. 1864, Deady, p. 826;
88. L. 1864, Deady, p. 824;
89.
L. 1864, Deady, p. 823;
90. L. 1864, Deady, p. 824;
1930 0. C. Ann. sec. 27-1804.
1930 0. C. Ann. sec. 27-1609.
1930 0. C. Ann. sec. 27-1608.
1930 0. C. Ann. sec. 27-1609.
-
· 92 -
Board of County Commissioners
all county officers (91) and examine the books of the county clerk, treas-
urer, and sheriff. (92)
The board of county commissioners makes appointments to various offices,
provides for deputies, and fills certain vacancies in county offices. The
board appoints the roadmaster, (93) county fair board, (94) agricultural
agent, (95) horticultural inspector, (96) and county veterinarian. (97) The
board also appoints the judges and clerks of elections. (98) Vacancies
filled by county commissioners' appointments include those occurring in the
offices of county clerk, sheriff, coroner, (99) county school superintend-
ent, (100) justice of the peace, (101) and constable. (102)
Records System. Although since 1913 the chief administrative body in
Multnomah County has been the board of county commissioners, earlier statutes
concerning the administrative records of the county court remain in force
under the commissioner system. Likewise, the former administrative records
of the county court have been continued as records of the board of commis-
sioners. In 1862 the Legislature, in defining the record system of the
county court, had directed that the business of the county court be classi-
fied separately as probate and as county business and that a record of the
administrative, as distinct from the judicial, business of the court be kept
in separate books. (103) In 1913 the records of the county court (adminis-
trative) were transferred to the board of county commissioners and the judi-
cial records of the county court were transferred to the circuit court.
91.
92.
93.
94. 1913 S. L. ch. 146;
95. 1913 S. L. ch. 134;
96.
1905 S. L. ch. 222;
Records. The chief administrative record of the county commissioners
is the County Commissioners' Journal, containing the proceedings and orders
of county business. Statutes require the county commissioners to keep a
record of orders for the sale of land, (104) resolutions of eminent domain,
(105) orders calling sanitary district elections, (106) orders declaring the
97.
98.
99.
100.
101. L. 1864, Deady, p. 828;
102. L. 1864, Deady, p. 829;
103. L. 1862, Deady, p. 876;
1937 S. L. ch. 278.
104.
105.
106.
1915 S. L. ch. 266; 1930 0. C. Ann. sec. 27-501.
L. 1891, p. 117; 1930 0. C. Ann. sec. 28-1009.
1917 S. L. ch. 299; 1930 0. C. Ann. sec. 44-1404.
1930 0. C. Ann. sec. 18-301.
1930 0. C. Ann. sec. 18-1103.
1930 0. C. Ann. sec. 18-2601, as amended 1931
S. L. ch. 232; 1939 S. L. ch. 23.
1913 S. L. ch. 14; 1930 0. C. Ann. sec. 20-203.
L. 1891, p. 9; 1923 S. L. ch. 207; 1930 0. C. Ann. sec. 36-202.
L. 1864, Deady, p. 823; 1930 0. C. Ann. sec. 27-1604.
1907 S. L. ch. 16; 1930 0. C. Ann. sec. 35-422.
1930 0. C. Ann. sec. 27-2705.
1930 0. C. Ann. sec. 27-2719.
1930 0. C. Ann. sec. 28-1013, as amended
1905 S. L. ch. 201; 1930 0. C. Ann. sec. 27-116.
L. 1862, Deady, p. 671; 1930 0. C. Ann. sec. 37-301.
1935 S. L. ch. 385; 1935 0. C. Ann. Supp. sec. 47-301.
- 93
Board of County Commissioners
results of improvement district elections, (107) returns of local option
elections, (108) land transactions involving the State and Federal Govern-
ments, (109) and records of appointments of various county office deputies.
(110) The board is authorized by law to keep various petitions, those for
improvement districts, (111) for road changes and damages, (112) for sani-
tary districts, (113) for irrigation districts, (114) for incorporation of
port districts, (115) for municipal incorporations, (116) and to vacate
property. (117)
The county commissioners keep financial records which include orders,
vouchers, and warrants paid and unpaid, (118) and bounty records and war-
rants. (119)
The statutes provide that the county commissioners shall receive re-
ports from the following county officers: The treasurer, (120) rural fire
prevention district boards, (121) agricultural agent, (122) and road view-
ers. (123) Various other road records exist by statutory provision, in-
cluding reports of roadmasters, (124) minutes of road district meetings,
(125) and survey reports. (126)
Other records kept by the county commissioners include a record of
school tax levies and a clerk's record of property redeemed after foreclo-
sure sale for delinquent school taxes, and applications for pool hall, (127)
dance hall, (128) and grocery store licenses. (129)
107. 1933 S. L. ch. 439; 1935 0. C. Ann. Supp. sec. 42-1106.
108. 1933 S. L., 2nd Sp. S., ch. 17; 1935 0. C. Ann. Supp. sec. 15-1048.
1935 S. L. ch. 234; 1935 0. C. Ann. Supp. sec. 27-130.
L. 1895, p. 83; 1930 0. C. Ann. sec. 27-2850.
109.
110.
111.
1933 S. L. ch. 439; 1935 0. C. Ann. Supp. sec. 42-1103.
112. L. 1864, Deady, p. 859; 1917 S. L. ch. 295; 1930 0. C. Ann.
sec. 44-1315.
113.
114.
115.
116.
117. L. 1864, Deady, p. 926; 1930 0. C. Ann. sec. 56-713.
L. 1891, p. 117; 1930 0. C. Ann. secs. 27-507, 28-1010.
118.
119. 1907 S. L. ch. 213; 1930 0. C. Ann. sec. 20-2407.
120. 1921 S. L. ch. 225;
121. 1929 S. L. ch. 379;
122. 1913 S. L. ch. 134;
123. L. 1853-54, p. 489;
124. L. 1853-54, p. 489;
ch. 295; 1930 0. C. Ann. sec. 44-1331.
125. L. 1853-54, p. 489; 1917 S. L. ch. 295; 1930 0. C. Ann. sec. 44-1503.
126. L. 1853-54, p. 489; 1917 S. L. ch. 295; 1930 0. C. Ann. sec. 44-1321.
127. L. 1864, Deady, p. 776; 1930 0. C. Ann. sec. 27-3102.
128.
L. 1864, Deady, p. 776;
129. L. 1852, p. 68; 1930 0.
1930 0. C. Ann. sec. 27-1715.
1930 0. C. Ann. sec. 46-2207.
1917 S. L.
1930 0. C.
1917 S. L.
ch. 295; 1930 0. C. Ann. sec. 44-1313.
Ann. sec. 44-1313.
1930 0. C. Ann. sec. 27-3102.
C. Ann. sec. 28-1004.
1935 S. L. ch. 385; 1935 0. C. Ann. Supp. sec. 47-2204.
L. 1895, p. 13; 1917 S. L. ch. 357; 1930 0. C. Ann. sec. 48-101.
1909 S. L. ch. 39; 1930 0. C. Ann. sec. 65-709.
1913 S. L. ch. 345; 1930 0. C. Ann. sec. 56-103.
94
Creation. The Legislature in 1929 provided for the creation, in
counties of more than 200,000 population, of a civil service commission, (1)
the three members of which, in Multnomah County, were appointed by the board
of county commissioners in June 1929. (2) All offices and positions which
come within the jurisdiction of the commission are created by the board of
county commissioners. (3) The civil service act does not apply to con-
stitutional or statutory offices.
Qualifications. The members of the civil service commission are re-
quired to be citizens of the United States, residents of the county for
the three years immediately preceding their appointment, and qualified
electors under the Constitution. (4) The commissioners may not hold any
other public office. (5)
II. CIVIL SERVICE COMMISSION
Term of Office. They are appointed to serve for a term of six years.
The first members were appointed for a period of two, four, and six years,
respectively. A new member is appointed every two years. (6) Members
may be removed by the board of county commissioners for good cause. (7)
The civil service commissioners serve without compensation. (8)
Quorum. Two members of the civil service commission constitute a
quorum, and except in matters requiring the unanimous vote of the com-
mission, the vote of two members is sufficient to decide all business
brought before it. (9)
Powers and Duties. The commission is empowered to appoint a secre-
tary to keep its minutes and records. The secretary serves during the
pleasure of the commission and receives a salary fixed by the board of
county commissioners. (10)
1.
The civil service commission is required to classify all positions
under the civil service act, basing the classifications on the functions
of each position. (11) The commission makes rules and regulations which
provide for the holding of examinations, method of making appointments,
promotions, transfers, reinstatements, suspensions, and discharges. (12)
2.
1929 S. L. ch. 162; 1930 0. C. Ann. sec. 27-2904.
Commissioners' Journal, vol. 30, p. 63 (new series).
3. 1929 S. L. ch. 162; 1930 0. C. Ann. sec. 27-2906.
4.
1929 S. L. ch. 162; 1930 0. C. Ann. sec. 27-2904.
1929 S. L. ch. 162; 1930 0. C. Ann. sec. 27-2904.
5.
6. 1929 S. L. ch. 162; 1930 0. C. Ann. sec. 27-2904.
7. 1929 S. L. ch. 162; 1930 0. C. Ann. sec. 27-2904.
8.
9.
1929 S. L. ch. 162; 1930 0. C. Ann. sec. 27-2904.
1929 S. L. ch. 162; 1930 0. C. Ann. sec. 27-2904.
1929 S. L. ch. 162; 1930 0. C. Ann. sec. 27-2905.
11. 1929 S. L. ch. 162; 1930 0. C. Ann. sec. 27-2907.
12. 1929 S. L. ch. 162; 1930 0. C. Ann. sec. 27-2708.
10.
· 95 -
Supervisor of Elections
The commission is also required to grade and classify types of employment
in such a manner that like positions will draw a uniform salary. Thus,
the commission establishes maximum and minimum salary limits for each grade
in its class and arranges for promotion based on efficiency and length of
service. The commission may alter or amend its classifications and may even
abolish some classifications. When the classifications are established and
graded, those employees of the county who are covered by the classifications
constitute the classified civil service of the county. (13)
Examinations for employment under civil service are held from time to
time as determined by the commission. Notice of civil service examinations
must be published in a daily newspaper at least once each week for two weeks
prior to the date fixed for the examination. Commissioners may act as ex-
aminers or may delegate others to conduct the examination. (14)
Credit is given to applicants for experience in work similar to that
for which examination is held. Veterans of the armed services of the
United States who have served in time of war and also those who have served
in the American Red Cross under like conditions are given a credit of
10 percent. (15)
It is further provided that the commissioners investigate all depart-
ments and offices affected by the civil service act and determine whether
its rules are being obeyed. Investigation may be held by the commission,
or by any designated commissioner, who has power to subpena witnesses
with the sanction of the circuit court, and to compel to be examined books,
papers, and documents. (16)
Records. The commissioners are required to keep a register showing
the grade and classification of all persons taking an examination; (17) a
record showing the individual efficiency of each office holder; (18) and an
official roster of all persons holding a civil service office, showing a
complete record of that person. (19)
13.
14.
Introduction. The Legislature in 1919 provided for the appoint-
ment of supervisors of elections in all counties of 100,000 or more
15.
16.
17.
18.
19.
III. SUPERVISOR OF ELECTIONS
•
1929 S. L. ch. 162;
1929 S. L. ch. 162;
1929 S. L. ch. 152;
1929 S. L. ch. 162;
1929 S. L. ch. 162;
1929 S. L. ch. 162;
1929 S. L. ch. 162;
1930 0. C. Ann. sec. 27-2907.
1930 0. C. Ann. sec. 27-2910.
1930 0. C. Ann. sec. 27-2909.
1930 0. C. Ann. sec. 27-2913.
1930 0. C. Ann. sec. 27-2911.
1930 0. C. Ann. sec. 27-2912.
1930 0. C. Ann. sec. 27-2923.
- 96 -
County Clerk
population. (1) Earlier, in 1904, the county court of Multnomah County
appointed a supervisor of elections to serve until the general election
of that year. (2)
Manner of Selection. The supervisors are appointed to serve in each
precinct in the county, The county commissioners make the appointments at
the second meeting of the board in January preceding a general election. (3)
Qualifications. The supervisor of elections is required to be a
qualified elector under the Constitution. (4)
Term of Office. The supervisor of elections is appointed to serve for
a 2-year term. (5)
Salary. His salary is $3 per day for each day that he is actually
engaged in the performance of his duties. (6)
Powers and Duties. It is the duty of the supervisor of elections for
each precinct to prepare a list of electors suitable and qualified to act
as judges and clerks of elections. The supervisor presents the list to the
board of county commissioners by the first Monday in February following his
appointment. He is also required to act as chairman of one of the boards
of judges and clerks of election. (7)
Records. The law makes no specific provision for the keeping of re-
cords by the supervisor of elections.
1.
Introduction. When Multnomah County was organized in 1854, the
Legislature appointed an auditor to serve as clerk of the county court and
2.
3.
4.
5.
6.
7
IV. COUNTY CLERK
1919 S. L. ch. 263; 1923 S. L. ch. 206; 1929 S. L. ch. 92; 1930
0. C. Ann. sec. 36-206.
Commissioners' Journal, vol. 24, p. 206; Oct. 17, 1904 (old series).
1919 S. L. ch. 263; 1923 S. L. ch. 206; 1929 S. L. ch. 92; 1930
0. C. Ann. sec. 36-206.
1919 S. L. ch. 263; 1923 S. L. ch. 206; 1929 S. L. ch. 92; 1930
0. C. Ann. sec. 36-206.
1919 S. L. ch. 263; 1923 S. L. ch. 206; 1929 S. L. ch. 92; 1930
0. C. Ann. sec. 36-206.
1919 S. L. ch. 263; 1930 0. C.
1919 S. L. ch. 263; 1923 S. L.
0. C. Ann. sec. 36-206.
Ann. sec. 36-207.
ch. 206; 1929 S. L. ch. 93; 1930
- 97.
"
County Clerk
to perform the duties of recorder of conveyances. (1) It was not until
1859 that the Constitution provided for the election of a county clerk in
each county. (2) The Constitution further provided that when the number
of voters in any county should exceed 1,200 the Legislature might author-
ize the election of one person as clerk of the circuit court, one person as
clerk of the county court, and one person as recorder of conveyances. (3)
Multnomah County, however, elected an official designated as county clerk
in 1857. (4)
Under the provisions of the Constitution, the Legislature in 1887
passed a law abolishing the office of county clerk in Multnomah County and
creating the offices of clerk of the county court, clerk of the circuit
court, and recorder of conveyances. (5) Each of these officials was
elected for a term of two years and each was required to furnish a bond of
$10,000. (s)
In 1901, a further act of the Legislature abolished the office of
clerk of the circuit court and that of recorder of conveyances, (7) and
prescribed that the powers and duties of those offices be transferred to
the clerk of the county court. (8) At the same time the Legislature fixed
the salary of the county clerk of Multnomah County at $2,500 per annum and
his bond at $25,000. (9)
Since the establishment of the commissioner system in Multnomah County
in 1913, the duties of the county clerk as ex officio clerk of the board of
county commissioners, as ex officio recorder of conveyances, and as ex of-
ficio clerk of the circuit court have remained essentially the same as they
had been under the county court system. Certain fiscal duties handled by
the county clerk prior to 1907 are now performed by the county auditor. (10)
1.
2.
3.
4.
Qualifications, Oath, and Bond. The county clerk is required by law
to be a citizen of the United States, a qualified elector under the State
Constitution, and a resident of the county for at least one year preceding
his election. (11) The clerk is further required to take an oath of office
and to file a bond of $25,000. (12)
L. 1854, p. 29.
Const. art. VII, sec. 15.
Ibid.
L. 1843-64, Deady, p. 11.
p. 48 (old series).
5.
L. 1887, p. 126.
6. L. 1887, p. 127.
7. L. 1901, p. 282; 1930 0. C. Ann. sec. 27-2001.
8. L. 1901, p. 282.
9.
L. 1901, p. 283.
S
10. See Auditor, p. 103
11.
12.
See also Commissioners' Journal, vol. 1,
L. 1864, p. 823; 1930 0. C. Ann. sec. 27-1502.
L. 1864, p. 824; 1930 0. C. Ann. secs. 27-1609, 27-2006.
- 98 -
County Clerk
Tenure. The Constitution originally fixed the term of office of the
county clerk at two years. However, since 1921 the clerk's term of office
has been four years. (13)
Compensation. The county clerk of Multnomah County receives an annual
salary of $6,000. (14)
Manner of Removal. The statutes provide for the removal for cause of
any officer required to execute an official bond. In the event of failure
on the part of such officer to renew his official bond, or if judgment be
obtained against him for breach of the conditions of his bond, the Governor
declares such office vacant. (15)
Location and Hours. The statutes provide that the county clerk occupy
an office in the courthouse, (16) and that he keep his office open for the
transaction of business on every judicial day from 8 a. m. to 12 m., and
from 1 p.m. to 5 p. m. (17)
Organization. The county clerk of Multnomah County has 51 deputies
serving for an indefinite term, whose salaries range from $90 to $250 per
month. Vacancies which occur in the county clerk's office are filled from
the county civil service eligible list. The office of the county clerk is
departmentalized under the following deputies: chief deputy, registrar,
chief deputy of the circuit court, chief accountant, chief clerk of the
probate court, filing clerk, cashier, and chief of the photostat depart-
ment. The county clerk personally attends the meetings of the county com-
missioners.
Ex Officio Duties. The duties of the county clerk as ex officio clerk
of the board of county commissioners and of the circuit court consist of
the certifying and filing of record proceedings of these bodies. (18) The
clerk is ex officio recorder of conveyances and has power to take and cer-
tify the proof and acknowledgment of a conveyance of real property or of
any other written instrument authorized or required to be proved or ac-
knowledged. (19) He is also an ex officio member of the board of equaliza-
tion. (20)
Powers and Duties. The chief function of the county clerk pertains to
the making, certifying, and custody of records. Duties other than record
duties involve various functions in the conduct of elections, including the
13.
14.
15.
Const. art. VI, sec. 6, as amended 1920.
1929 S. L. ch. 91; 1930 0. C. Ann. sec. 27-2827.
L. 1864, Deady, p. 824; 1930 0. C. Ann. sec. 27-1610; see also Board
of County Commissioners, p. 87.
16.
L. 1862, p. 234; 1930 0. C. Ann. sec. 31-202.
17. L. 1862, p. 224; 1930 0. C. Ann. sec. 31-203.
L. 1862, p. 235; 1930 0. C. Ann. sec. 31-206.
L. 1862, p. 235; 1930 0. C. Ann. sec. 31-206.
1907 S. L. ch. 266; 1930 0. C. Ann. sec. 69-302.
18.
19.
20.
.99.
County Clerk
registration of voters, (21) challenging of registrants, (22) preparation
of both primary (23) and general election ballots, (24) regulating the time
for meetings of the election boards, (25) notifying of nominees, (26) and
sending to the Secretary of State an abstract of returns. (27) The law
provides a penalty for irregularities on the part of the county clerk in
conducting elections. (28)
The county clerk also has certain duties in connection with local
option clections (29) and elections for municipal incorporations. (30)
The county clerk is authorized to issue dog licenses. (31) Until 1921
it was his duty to issue hunting and fishing licenses. (32) At present the
county clerk issues hunting and fishing licenses merely as an agent of the
State Game and Fish Commission. (33)
Record Duties. The major record duties of the county clerk concern
the certification and proof of acknowledgment of conveyances of real prop-
erty and of other written instruments. (34) As recorder of conveyances, he
keeps the following records: a reception record of instruments and fees
received; (35) a deed record showing deeds and abstracts of title to real
estate; (36) a book of mortgages (37) with index both direct and indirect,
(38) showing assignments; (39) and copies of patent deeds and homestead
certificates from the United States for lands within the county. (40)
Certificates setting forth the rights of any person, association, or
corporation to the waters of any stream are issued by the State Engineer to
the county clerk of the county in which the right is located. The clerk,
as required by law, records these certificates in a book especially kept
for this purpose. (41)
21.
22.
23.
24.
1915 S. L. ch. 225; 1930 0. C. Ann. sec. 36-101.
L. 1899, p. 129; 1930 0. C. Ann. sec. 36-121.
1905 S. L. ch. 1; 1919 S. L. ch. 283; 1930 0. C. Ann. sec. 36-601.
1930 0. C. Ann. sec. 36-1404, as amended 1939 S. L.
L. 1891, p. 23;
ch. 360.
25.
L. 1891, p. 10;
26. L. 1870, p. 89;
27. L. 1870, p. 90; 1913 S, L. ch. 204; 1930 0. C. Ann. sec. 36-704.
1905 S. L. ch. 1; 1930 0. C. Ann. sec. 36-703.
1935 0. C. Ann. Supp. sec. 36-203.
1930 0. C. Ann. sec. 36-1701.
28.
29.
1933 S. L. 2nd Sp. S. ch. 17; 1935 0. C. Ann. Supp. sec. 15-1040.
1913 S. L. ch. 345; 1930 0. C. Ann. sec. 56-103.
30.
31.
1930 0. C. Ann. sec. 20-2317.
32.
33.
35.
1919 S. L. ch. 186;
1905 S. L. ch. 204; 1921 S. L. ch. 153; 1930 0. C. Ann. sec. 39-402.
1921 S. L. ch. 153; 1930 0. C. Ann. sec. 39-401.
34. L. 1862, p. 235; 1930 0. C. Ann. sec. 31-206.
L. 1887, p. 62; 1930 0. C. Ann. sec. 27-1908.
1927 S. L. ch. 260; 1930 0. C. Ann. sec. 26-156.
37. L. 1887, p. 61; 1930 0. C. Ann. sec. 27-1906.
38. L. 1887, p. 61; 1930 0. C. Ann. sec. 27-1907.
39. L. 1895, p. 55; 1930 0. C. Ann. sec. 54-104.
L. 1872, p. 23;
36.
1930 0. C. Ann. sec. 63-141.
40.
41.
1909 S. L. ch. 216; 1930 0. C. Ann. sec. 47-613.
O
· 100 -
County Clerk
The laws of 1859 required the county clerk to keep a record of mining
locations and claims, (42) and likewise a record of mining conveyances. (43)
Since 1898 the law has stipulated that the clerk's record of mining convey-
ances conform to the provisions governing the recording of other realty. (44)
According to the law, maps, plats, and diagrams are filed with the
county clerk, as are tracings of towns and sections of towns and villages,
streams, roads, and mining claims. (45) He also keeps a book recording
powers of attorney and contracts affecting real property. (46)
A special function of the county clerk in Oregon, when the county has
no elected recorder of conveyances, is to serve as registrar of real prop-
erty under the laws of the Oregon Torrens system. The records which the
county clerk when acting as registrar of Torrens titles is required to keep
are as follows: a land registration docket, (47) a register of titles, (48)
and filed instruments. (49)
In 1901 provision was made for the recording by the county clerk of
any mortgage, conveyance, or other instrument affecting the title to per-
sonal property. (50) Among such instruments are automobile liens, (51)
mechanics' liens, (52) horseshoers' liens, (53) crop liens, (54) and
hospital liens. (55)
As provided in the various statutes treating the bonds of individual
county offices, the county clerk acts as custodian of all official bonds
approved by the county commissioners. The county treasurer is custodian of
the county clerk's bond. (56)
Further records kept by the county clerk fall into several classifica-
tions: vital statistics, elections, registrations, licenses, incorpora-
tions, animals, military, finance and reports.
42. L. 1859, Deady, p. 814; 1930 0. C. Ann. sec. 53-202.
1930 0. C. Ann. sec. 53-207.
C. Ann. sec. 53-202.
43. L. 1859, Deady, p. 815;
44. L. 1898, p. 17; 1930 0.
45. L. 1887, p. 62; 1930 0.
46. L.
L. 1864, Deady, p. 653;
47.
L. 1901, p. 442;
48. L. 1901, p. 448;
C. Ann. secs. 27-1909, 44-1321.
1930 0. C. Ann. sec. 27-1906.
1930 0. C. Ann. sec. 63-315.
1930 0. C. Ann. sec. 63-334.
49. L. 1901, p 452; 1930 0. C. Ann. sec. 63-350.
50.
51.
52.
53.
54.
55.
56.
C
For an account of the
Torrens System in Oregon, see Inventory of the County Archives of
Oregon, No. 22, Linn County, pp. 34-35.
L. 1901, p. 124; 1930 0. C. Ann. sec. 54-202.
1909 S. L. ch. 154; 1930 0. C. Ann. sec. 51-503.
L. 1885, p. 15; 1930 0. C. Ann. sec. 51-106.
L. 1895, p. 121; 1930 0. C. Ann. sec. 51-903.
1929 S. L. ch. 372; 1930 0. C. Ann. sec. 51-804.
1931 S. L. ch. 400; 1935 0. C. Ann. Supp. sec. 51-1501.
L. 1864, Deady, p. 824; 1930 0. C. Ann. secs. 27-1609, 27-2704,
27-2717.
J
- 101 -
County Clerk
Under the present law, enacted in 1915, the county health officer, as
health registrar, submits certificates of births and deaths outside the
city of Portland to the State Board of Health; certified copies of the cer-
tificates are delivered to the county clerk for registration. (57)
From 1913 to 1939 it was necessary for male persons applying for mar-
riage licenses to file with the county clerk a medical certificate certify-
ing freedom from contagious or infectious venereal disease. (58) By a ref-
erendum of the voters in 1938, both parties to a marriage are now required
to submit certificates of medical examination. (59) Under the law of 1862,
the county clerk issues and keeps a record of marriage licenses. (50) Who-
ever performs the marriage ceremony returns to the county clerk for record-
ing a certificate giving the data pertinent to the ceremony. (61)
The county clerk keeps a register of certificates for the protection
of assumed business names; (71) also a register of persons authorized to
solemnize marriages, (72) farm names, (73) and of notaries public. (74)
The county clerk also records, files, and certifies all business rela-
tive to elections, keeping the following records: The official register of
electors, (62) petitions and certificates of nomination, (63) register of
candidates for nomination at primary elections, (64) certificates of elec-
tion, (65) poll books, (66) a record of elections, (67) copies of official
ballots, (68) and statements of candidates' expenses. (69) The county clerk
also files the election returns. (70)
Jung
65. L.
66.
67.
68.
69.
70.
71.
72.
73.
74.
75.
L. 1891, p. 21; 1930 0. C. Ann. sec. 36-1202.
L. 1891, p. 21; 1930 0. C. Ann. sec. 36-1202.
1907 S. L. ch. 195; 1930 0. C. Ann. sec. 36-1702.
1905 S. L. ch. 1; 1930 0. C. Ann. sec. 36-411.
1909 S. L. ch. 3; 1930 0. C. Ann. sec. 36-2411.
-
Corporations licensed by the State are required to file a copy of the
articles of incorporation with the clerk of the county in which the princi-
pal office of the enterprise is located. (75)
57. 1915 S. L. ch.
58.
59.
268; 1930 0. C. Ann. sec. 59-1220.
1913 S. L. ch. 187; 1930 0. C. Ann. sec. 33-118.
1937 S. L. ch. 434; 1939 S. L. ch. 6.
1930 0. C. Ann. sec. 33-107.
60. L. 1862, Deady, p. 784; 1930 0. C. Ann. secs. 33-108, 33-112.
61. L. 1862, Deady, p. 784;
62. L. 1870, p. 89; 1915 S. L. ch. 225; 1930 0. C. Ann. secs. 36-102, 36-701.
63. 1905 S. L. ch. 1; 1930 0. C. Ann. sec. 36-411.
L. 1905, ch. 1; 1930 0. C.
Ann. sec. 36-1201.
64.
Ann. sec. 36-410; L. 1891, p. 20; 1930 0. C.
L. 1891, p. 23; 1930 0. C. Ann. sec. 36-704, 36-1701.
1913 S. L. ch. 154; 1930 0. C. Ann. sec. 70-301.
L. 1862, Deady, p. 783; 1930 0. C. Ann. sec. 33-104.
1911 S. L. ch. 7; 1930 0. C. Ann. sec. 18-1201.
1915 S. L. ch. 64; 1930 0. C. Ann. sec. 58-101.
L. 1862, Deady, p. 658; 1930 0. C. Ann. sec. 25-202.
C
- 102 -
County Clerk
Registers are also kept of licensed physicians, (76) licensed den-
tists, (77) licensed optometrists, (78) chiropractors, (79) and naturo-
paths. (80)
Certain records kept by the county clerk concern domestic and wild
animals and include a record of stock brands (81) and filed affidavits for
scalp bounties on predatory animals. (82)
Discharged soldiers, sailors, and marines may have their service dis-
charges registered by the county clerk in a book kept for that purpose. (83)
Financial records kept by the county clerk are: Evidence of receipts,
(84) a record of fees, (85) current expense bills, and official audits. (86)
CÔN
The county clerk keeps the following reports: Duplicate annual reports
to the Secretary of State showing the financial condition of the county; (87)
original reports of various county officials to the county clerk, (88) treas-
urer, (89) coroner, (90) and sheriff. (91)
Under his general statutory powers, the county clerk records on request
various documents, such as affidavits, agreements, and contracts between in-
dividuals, and sub-leases. His miscellaneous records and files contain orig-
inal correspondence regarding budgets, deeds, and contracts, and also attor-
neys' receipts for papers and the clerk's permanent record of surveys.
77.
78.
76. L. 1895, p. 65; 1930 0. C. Ann. sec. 68-2109.
L. 1899, p. 205; 1930 0. C. Ann. secs. 68-1005, 68-1006.
1905 S. L. ch. 139; 1930 0. C. Ann. sec. 68-1808.
79.
1915 S. L. ch. 325; 1930 0. C. Ann. secs. 68-909, 68-910.
80.
1927 S. L. ch. 451; 1930 0. C. Ann. sec. 68-1611.
81. 1917 S, L. ch. 85; 1930 0. C. Ann. sec. 20-1302.
82. 1909 S. L. ch. 113; 1930 0. C, Ann. sec. 20-2411.
83. 1920 S. L. ch. 15; 1930 0. C. Ann. sec. 27-1605.
84. L. 1891, p. 117; 1930 0. C. Ann. sec. 27-503.
85. L. 1901, p. 396; 1930 0. C. Ann. sec. 27-3016.
86
L. 1891, p. 117; 1930 0. C. Ann. sec. 27-503.
87. L. 1887, p. 7; 1930 0. C. Ann. sec. 27-519.
88. L. 1887, p. 7;
89. L. 1887, p. 7; 1930 0. C. Ann. secs. 27-518, 27-522.
90. L. 1864, Deady, p. 579; 1930 0. C. Ann. sec. 13-2407.
1930 0. C. Ann. sec. 27-522.
91. L. 1887, p. 7; 1930 0. C. Ann. sec. 27-520.
- 103
Introduction. When Multnomah County was created in 1854, an official
designated as auditor was appointed by the Territorial Legislature to hold
office until the next election. (1) His duties at that time were described
as those of the clerk of the county court and recorder of conveyances. (2)
Later, at a meeting of the county commissioners in 1858, the office of
auditor of Multnomah County was abolished, (3) and the duties were trans-
ferred to the office of county clerk. (4)
In 1895 the Legislature re-established the office of auditor, (5) and
the county court of Multnomah County appointed an auditor in that year. (6)
It was, however, not until 1902, when the office became elective, (7) that
the auditor's signature began to appear on various records. Between 1895
and 1907 the auditor acted as bookkeeper for the various departments of the
county but did not function as a separate officer.
V. AUDITOR
Qualifications, Oaths, and Bond.
Oaths, and Bond. The auditor is required to be a citi-
zen of the United States, a qualified clector under the Constitution, and
a resident of the county for at least one year prior to his election. (8)
Before assuming the duties of his office, he is required to take an oath of
office and to file a bond of $20,000. (9)
Tenure. The statutes originally fixed the term of office of the
auditor at two years. (10) Since 1901 the auditor's term of office has
been four years. (11)
Compensation. The auditor receives a salary of $3,600 a year, paid in
monthly installments as other county salaries are paid. (12)
Deputies. The law of 1901 authorized the auditor to appoint three
deputies at salaries ranging from $1,080 to $1,800 annually, and also such
other deputies as the county court might allow. (13) Appointments to fill
3.
1. L. 1854, p. 29.
2.
Ibid.
Commissioners' Journal, vol. 1, p. 65 (old series).
4.
Ibid.
5.
L. 1895, p. 123.
6.
Commissioners' Journal, vol. 19, p. 313 (old series).
7.
L. 1901, p. 161; 1930 0. C. Ann. sec. 27-2201.
8.
L. 1901, p. 162; 1930 0. C. Ann. sec. 27-2201.
9. L. 1901, p. 162; 1930 0. C. Ann. sec. 27-2201.
10. L. 1854, p. 29.
11.
L. 1901, p. 161; 1930 0. C. Ann. sec. 27-2201; for manner of removal,
see Board of County Commissioners, p. 87.
1907 S. L. ch. 65; 1930 0. C. Ann. sec. 27-2827, as amended 1935 S. L.
ch. 447.
L. 1901, p. 137; 1930 0. C. Ann. sec. 27-2205.
12.
13.
104 -
Auditor
vacancies in the auditor's office are made from the eligible list of the
Multnomah County civil service. (14) As at present organized, the audi-
tor's office has one chief deputy whose salary is fixed at not more than
$250 per month, and nine deputies whose salaries range from $110 to $175
per month. (15) The auditor is held liable for the acts and omissions of
his deputies and other employees appointed by him. (16)
Powers and Duties. The auditor is the accounting officer of the
county. (17) All demands, accounts, or claims against the county are pre-
sented to him for audit. If, upon examination of the claims along with the
evidence submitted in support thereof, the auditor finds them just and
valid and authorized by the board of county commissioners, he indorses them
as audited and approved. He does not, however, audit and allow any claim
unless there are sufficient funds allowed by the budget for that particular
expenditure. (18) At a special session of the Legislature in 1935, the
auditor was given the power, with the approval of the county commissioners,
to borrow money for the purpose of paying warrants which would otherwise
have to be indorsed "not paid for want of funds." (19)
Before the auditor may allow a claim in favor of any corporation or
person who is indebted to the county, he must first deduct the amount of
the indebtedness from the amount of the claim, except in the case of taxes
not delinquent. (20) Any person having the collection, custody, or dis-
bursement of public funds must have presented his account and had it ap-
proved before the auditor may allow the claim. (21)
**
The auditor is authorized to administer oaths and may require any per-
son presenting a claim against the county to make statement under oath as
to the justice and validity of the claim. If a claim and the evidence pre-
sented in support thereof do not satisfy him as correct, lawful, or valid,
the auditor indorses the claim as rejected and reports the matter to the
county commissioners with whatever explanation he deems necessary. (22)
14. 1929 S. L. ch. 162; 1930 0. C. Ann. sec. 27-2902.
15.
1919 S. L. ch. 101; 1930 0. C. Ann. sec. 27-2830.
Ann. sec. 27-2203.
16.
17.
18.
L. 1901, p. 162; 1930 0. C.
L. 1901, p. 163; 1929 S. L. ch. 94; 1930 0. C. Ann. sec. 27-2207.
L. 1901, p. 163; 1929 S. L. ch. 94; 1930 0. C. Ann. sec. 27-2207.
1935 S. L. Sp. S., ch. 4.
19.
20. L. 1901, p. 164; 1930 0. C. Ann. sec. 27-2209.
21. L. 1901, p. 164;
1930 0. C: Ann. sec. 27-2209.
22. L. 1901, p. 164;
L. 1901, p. 164;
23.
24.
The auditor is required to examine all claims for salary and expenses
by county officers and employees except his own, which are audited by the
county commissioners. (23) No claim of any county officer is allowed un-
less the officer has made his official returns or reports in the manner
prescribed by law or by the requirements of the board of county commission-
ers. (24) Salary claims may not be allowed in favor of any officer who has
-
1930 0. C. Ann. secs. 27-2207, 27-2210.
1930 0. C. Ann. sec. 27-2211.
L. 1901, p. 164; 1930 0. C. Ann. sec. 27-2209.
C
-
105 -
Auditor
neglected to comply with any provision of law regulating his duties, nor
shall any claim be allowed in favor of any officer or employee for time
absent from his place of employment during business hours. (25)
The county auditor is directed by the statutes to establish and main-
tain a standard system of keeping the accounts of the county. (26) The
books of the auditor are subject to inspection by the board of county com-
missioners, or by any member of the board, or by the grand jury, or by any
person appointed by the county commissioners or by the grand jury to exam-
ine the accounts. (27) When required to do so by the county commissioners,
the auditor must furnish information concerning the exact condition of the
treasury and of all county funds. (28) He publishes a financial report in
a newspaper twice annually, in June and December. (29) The auditor may in-
spect the accounts of the treasurer and ascertain the state of the various
funds at any time. (30)
Records.
The county auditor receives and files the monthly statements
of the county treasurer, showing in detail the condition of the county
treasury. (31)
The auditor receives and files the sworn statements of all other
county officers who are authorized to collect fees, percentages, commis-
sions, or other compensation. These statements specify all funds received
by such officers and deposited by them with the county treasurer during the
preceding month, and also name the service for which such remuneration was
allowed. (32)
**
The auditor also receives and files the monthly certified reports of
the municipal judge of Portland and the justice of the peace of Multnomah
district, showing all fines and forfeited bails collected by them in State
cases, and all commitments to the county jail. (33)
In compliance with the statutes, the county auditor keeps a register
of all claims presented against the county, and an account with each de-
partment of the county government and with each county official. (34) The
other records of the auditor consist of accounts, books, vouchers, docu-
ments, and papers relating to the accounts and contracts of the county, its
debts, revenues, and other financial matters. (35)
25.
L. 1901, p. 164; 1530 0. C. Ann. sec. 27-2209.
26. L. 1901, p. 165; 1930 C. C. Ann. sec. 27-2213.
27. L. 1901, p. 165; 1930 0. C. Ann. sec. 27-2213.
28. L. 1901, p. 163; 1930 0. C. Ann. sec. 27-2207.
29. L. 1901, p. 164; 1930 0. C. Ann. sec. 27-2212.
30. L. 1901, p. 165; 1930 0. C.
31. L. 1901, p. 163; 1921 S. L.
32.
L. 1901, p. 166;
L. 1901, p. 167;
L. 1901, p. 164;
L. 1901, p. 163;
Ann. sec. 27-2212.
ch. 225; 1930 0. C. Ann. sec. 27-1715.
1930 0. C. Ann. sec. 27-2215.
1930 C. C. Ann. sec. 27-2219.
1930 0. C. Ann. sec. 27-2212.
33.
34.
35.
1929 S. L. ch. 94; 1930 0. C. Ann. sec. 27-2207.
106
-
Introduction. In the judiciary act of 1844 provision was made for a
circuit court judge, elected by the people, who should hold terms of the
circuit court in each county. (1) In December 1845 a further act was
passed providing that all the existing counties should form one judicial
district and that one circuit judge, elected by the Legislature, should
have jurisdiction over criminal and civil cases. (2)
When the Oregon Territory was created by an act of Congress in 1848,
circuit courts were abolished and district courts established in their
place. (3) The district courts continued to function until the adoption
of the Constitution in 1859, when the circuit courts were revived. (4)
Under the Constitution, the Oregon counties were grouped into four
judicial districts, Wasco, Clackamas, Multnomah, Columbia, Clatsop, and
Tillamook Counties comprising the fourth district. (5) In 1882 all of the
foregoing counties were placed in the fifth district with the exception of
Multnomah, which alone from that time on comprised the fourth district. (6)
VI. CIRCUIT COURT
The Constitution provided that the circuit court hold its sessions at
least twice each year in the counties organized for judicial purposes.
Since the Supreme Court of Oregon had already been constitutionally cre-
ated, one of its justices was empowered to preside as judge of the circuit
court. (7) The Constitution also ordered the Legislature to provide for
the election of Supreme Court judges and circuit court judges separately
whenever the white population of the State should exceed 200,000. (8) The
distinction was first made in 1878, when a measure was adopted to elect in
1880 a circuit court judge for each judicial district then existing. (9)
1. L. 1843-49, p. 99.
Ibid., p. 3.
L. 1850-51, p. 37.
Besides the specified biennial sessions of the circuit court, the Con-
stitution provided that further sessions be held at other times as ordered
according to need by the judges. The interpretation of this section was
clarified and defined in 1862, when the Legislature enacted a measure di-
recting that the circuit court hold its meetings at the times either pro-
vided by law or else named by a judge of the court. (10)
NEHDOC
4.
5.
6.
Under the same measure of 1862, a circuit court judge calls for a ses-
sion of court by issuing a general order. The order may be made and entered
7
Const. art. VII, sec. 9.
Const. art. VII, sec. 11.
L. 1882, p. 62; 1930 0. C. Ann. sec. 28-808.
Const. art. VII, sec. 8.
Const. art. VII, sec. 10.
8.
9. L. 1878, p. 32; 1930 0. C. Ann. sec. 28-834.
L. 1862, p. 213; 1930 0. C. Ann. sec. 28-601.
10.
mo
-
107 -
Circuit Court
in the journal during term time; or else, for trial of a particular case or
for the transaction of certain business specified in the order, it may be
filed during vacation. A certified copy of a special order, that is, an
order filed during vacation, is then served on the parties to the cause ten
days prior to the scheduled term. Although during a regular term any legal
and lawfully filed business may be heard, when an order is presented out of
term the court hears only that business specified in the order.
The regulation regarding orders for the circuit court to convene has
been uniform since 1862. (11)
The court terms, although prescribed by statute and officially declared
and opened by the circuit judge of each district, vary in the different
judicial districts. The terms for the circuit court of Multnomah County
begin on the first Monday in each of the following months: January, Febru-
ary, March, April, May, June, September, October, November, and December. (12)
The judge of the circuit court may, by order entered in the journal of the
court, convene special terms of court for the trial of both equity and jury
cases and may summon a jury for the special terms. (13)
Rules for the circuit court including probate and domestic relations
departments in and for the fourth judicial district are made by the circuit
judges of Multnomah County sitting in banc for that purpose.
Tenure of Circuit Judges. The Constitution originally provided for
the election both of Supreme Court judges and circuit court judges as fol-
lows:
the term of one judge should be for two years, the term of another
judge four years, and the terms of the two remaining judges six years. (14)
The Supreme Court of Oregon has ruled that under this constitutional enact-
ment, the full term of a circuit court judge is six years. (15) The deci-
sion of the Supreme Court was clarified in 1910 by an initiative constitu-
tional amendment prescribing for all circuit court judges a term of six
years. (16)
Qualifications. Judges of the Supreme and circuit courts are required
to be citizens of the United States, to have resided in the State for at
least three years prior to the time of their election or appointments, and
to have been admitted to the practice of law before the Supreme Court of
the State of Oregon. (17)
G
Compensation. Judges of the circuit court of the fourth district each
receive a salary of $6,000 per annum paid in monthly installments by the
State, and an additional $500 paid by the county. (18)
11. L. 1862, p. 213; 1930 0. C. Ann. sec. 28-606.
12. L. 1862,
L. 1862, p. 62; 1930 0. C. Ann. sec. 28-904.
13.
14.
15.
16.
17.
18.
L. 1862, p. 864; 1930 0. C. Ann. sec. 28-601.
Const. original art. VII, sec. 3.
13 Or. 389.
Const. art. VII, sec. 1.
L. 1878, p. 32; L. 1893, p. 149; 1930 0. C. Ann. secs. 28-214, 28-215.
1913 S. L. ch. 44; 1930 0. C. Ann. sec. 28-855.
- 108.
Circuit Court
Departments of the Circuit Court. There are nine departments in the
circuit court of the fourth judicial district, each of which is presided
over by a circuit court judge. One department is especially assigned
to probate and insanity cases, (19) and the judge of that department is an
ex officio member of the Multnomah County board of equalization. In addi-
tion the circuit court maintains a department of domestic relations, in
which are tried divorce actions involving minor children and all juvenile
matters. (20) The remaining seven departments are assigned the various
causes which come within the civil and criminal jurisdiction of the circuit
court.
Each judge of the circuit court, with the exception of the probate
judge and the judge of the court of domestic relations, acts as presiding
judge in succession, following the numerical order of the judges' depart-
ments, unless otherwise provided, for a term of four months, beginning the
first Monday in January, the first Monday in May, and the first Monday in
September. (21) All arraignments are brought before the presiding judge;
he hears all pleas, motions, demurrers, and ex parte matters, and assigns
cases to the different departments. Furthermore, it is the duty of the
presiding judge to attend and supervise the drawing of the jury, to order
the jury summoned, to empanel and take charge of the grand jury when one is
called, and to have general charge of the trial jury. (22)
The presiding judge may call a joint session of two or more of the
judges of the court to hear any trial, motion, or issue of law or fact, and
in such cases he designates the judges to sit at such hearing. (23)
Under the law of 1919, when a circuit judge in any judicial district
is absent or disqualified, or for any other reason is unable to attend to
his judicial duties, the Chief Justice of the Supreme Court of Oregon
directs some other circuit judge to hold court in place of the duly elected
judge. (24)
Clerk. The county clerk is ex officio clerk of the circuit court and
is custodian of its records and seal. (25)
Powers. The judges of the circuit court are empowered to appoint vari-
ous officers of the court, including one or more official court reporters,
two or more bailiffs, and a court crier. (26) However, in Multnomah County
VA
19. 1919 S. L. ch. 59; 1930 0. C. Ann. sec. 28-837; see Department of Pro-
bate (Circuit Court), pp. 111-113.
20.
21.
22.
23.
24.
25.
26.
1929 S. L. ch. 183; 1930 0. C. Ann. sec. 28-846; see Department of
Domestic Relations (Circuit Court), pp. 113, 116.
Rules of the Circuit Court, Fourth Judicial District (in effect
March 7, 1938), p. 3.
Ibid., p. 3.
Ibid., p. 4.
1919 S. L. ch. 242; 1930 0. C. Ann. sec. 28-604.
L. 1862, Deady, p. 235; 1930 0. C. Ann. sec. 31-201.
L. 1862, Deady, p. 866; L. 1891, p. 131; 1930 0. C. Ann. sec. 28-607;
L. 1889, p. 142; 1915 S. L. ch. 260; 1930 0. C. Ann. sec. 28-701.
- 109 -
Circuit Court
a court crier has never been officially appointed. From the time of the
creation of the county the sheriff, acting as court crier, has announced
the opening of the court.
A calendar clerk, who is a deputy county clerk, is designated by the
presiding judge to carry out the work of listing cases for trial and to
perform such other duties as required by the presiding judge. It is the
further duty of the calendar clerk to prepare the list of cases making up
the trial docket, active list, and daily trial calendar. (27)
The fourth judicial district has nine official court reporters, ap-
pointed by the judges of the circuit court, one for each department. (28)
The law of 1889, limiting the term of the official court reporter to four
years, remained in effect until 1915, when a measure was enacted providing
that he be appointed for an indefinite term. (29) The court reporter is
paid by the county for his services in criminal cases, and by the litigants
in the trial of civil actions. He is compensated on a per diem basis at
$10 per day. (30)
The appointment of bailiffs is likewise left to the discretion of the
circuit judges. The judges also fix the bailiffs' salaries, which are paid
only for the period of actual attendance upon the court. They are paid by
the county treasurer upon court order directed to the county clerk. (31)
The judges of the circuit court of Multnomah County appoint the jury com-
missioner. (32)
to com-
Additional powers of the circuit court judges are as follows:
pel the attendance of witnesses, (33) to administer oaths, (34) to inflict
a fine, or fine and imprisonment for contempt of court, (35) and to issue
writs of habeas corpus. (36) Further special proceedings of the circuit
court are too numerous to cite in complete detail. The circuit court has,
however, the power of naturalization in accordance with the laws of the
United States. (37)
Jurisdiction. The jurisdiction of the circuit court has been pre-
scribed and limited by the Constitution. All cases which fall outside the
exclusive judicial authority vested in the circuit court by the Constitu-
tion, or by laws consistent with the Constitution, are therefore handled
27.
28.
29.
30.
Ann. sec. 28-701.
C. Ann. sec. 28-701.
Rules of the Circuit Court, Fourth Judicial District, pp. 4, 11.
L. 1889, p. 142; 1930 0. C.
1915 S. L. ch. 260; 1930 0.
L. 1839, p. 143; 1921 S.
ch. 96; 1927 S. L. ch.
31. L. 1891, p. 131; 1930 0.
32. L. 1862, Deady, p. 921;
33. L. 1864, Deady, p. 369;
34. L. 1864, Deady, p. 369;
35. L. 1864, Deady, p. 312;
36.
L. 1864, Deady, p. 310;
L. ch. 278; 1923 S. L. ch. 32; 1925 S. L.
176; 1930 0. C. Ann. sec. 28-703.
C. Ann. sec. 28-607.
1930 0. C. Ann. sec. 30–201.
1930 0. C. Ann. sec. 28-1501.
1930 0. C. Ann. sec. 28-1501.
1930 0. C. Ann. sec. 8-502.
1930 0. C. Ann. sec. 8-442.
37.
2 Stat. 153; 34 Stat. 596; 44 Stat. 709.
-
· 110.
Circuit Court
by some other court. Nevertheless, the circuit court holds appellate
jurisdiction over justice courts, and all other inferior courts, tribunals,
and officers. (38)
In civil matters the circuit court has original jurisdiction, which
may be concurrent in some instances. The circuit court also has jurisdic-
tion in all civil actions regardless of the amount involved, except when
jurisdiction has been given exclusively to some other court. (39) Although
earlier the circuit court was granted appellate jurisdiction upon appeal
from a justice court in civil suits not involving less than $20, (40) in
1899 the law was amended so as to give appellate jurisdiction only in suits
involving not less than $20 exclusive of costs and disbursements. (41)
The law of 1899 further provided that in criminal or civil actions,
when litigants have demanded a trial by jury, no appeal can be taken from
any circuit court judgment entered by the jury, unless, in a criminal case,
the judgment is a fine of not less than $20, or likewise, the recovery in
a civil suit of personal property of a value not less than $20. (42) The
amount prescribed was changed to $30 in 1925. (43)
-
In criminal actions the circuit court has appellate jurisdiction upon
a judgment of conviction in the justice court, except when the accused en-
ters a plea of guilty. (44) Original jurisdiction is granted in all crim-
inal cases for which the code provides imprisonment in the penitentiary. (45)
38. Const. art. VII, sec. 9.
Ibid.
Since 1913 all judicial jurisdiction formerly exercised by the county
judge of Multnomah County has been vested in the circuit court of Multnomah
County. (46)
39.
40.
41. L. 1899, p. 118.
42.
43.
44.
Records. The law requires the circuit court to keep the following
records: a register showing the title of every action, suit, or proceeding
brought in the circuit court; a journal in which are recorded the proceed-
ings of the court; a judgment docket showing the judgments and decrees of
the court; a fee book in which are recorded fees earned and received by
the clerk of the court; a jury book containing the names of persons attend-
ing the court as jurors; (47) an execution docket in which is shown the
disposition of cases; (48) judgment rolls in which the complaint, summons
proof of service, and a copy of the entry of judgment are attached together
L. 1864, Deady, p. 595.
45.
46.
Ca
Ibid.
1925 S. L. ch. 97; 1930 0. C. Ann. sec. 16-401.
L. 1864, Deady, p. 602; 1930 0. C. Ann. sec. 16-701.
Const. art. VII, sec. 8.
1913 S. L. ch. 378; see Board of County Commissioners, p. 86 and
Department of Probate (Circuit Court), p. 112.
47. L. 1862, Deady, p. 144; 1930 0. C. Ann. secs. 7-701 to 7-709.
48. L. 1862, Deady, p. 292; 1930 0. C. Ann. sec. 7-705.
Bask
20
111
Department of Probate (Circuit Court)
in order of filing; (49) a final record, in which the clerk records the
papers, pleadings, and proceedings in a case; (50) a record of certifi-
cates of attachment upon real and personal property; (51) transcripts of
judgment which may be used in other jurisdictions; (52) and a record of
naturalizations, including declarations and petitions. (53)
In addition there are kept by the court: a motion record, on which,
upon the written application of either party, are entered by the clerk for
hearing, all motions, demurrers or issues of law, except motions to modify
decrees or for new trials in law actions; a civil trial docket, upon which
cases are placed in the order of their filing; and a criminal trial docket,
compiled from a list furnished to the calendar clerk by the district attor-
ney and the city attorney, setting forth the trial dates of all cases to be
tried at each term of court. (54)
The circuit court records are never taken out of the clerk's office by
anyone except a judge of the court or a court attorney, or by authority of
a court order entered in the journal. (55)
For the records required to be kept by the department of probate and
by the department of domestic relations of the circuit court in Multnomah
County, see the succeeding essays.
VII. DEPARTMENT OF PROBATE (Circuit Court)
Introduction. Prior to 1913 all probate, juvenile, and insanity cases
in Multnomah County fell within the jurisdiction of the county judge.
Pro-
vision for the election of a county judge had been made in each county in
1853, (1) and a county judge was among the first officials appointed for
Multnomah County by the Territorial Legislature in 1854. (2) Later, under
the Constitution and in the law of 1862, the county judge was authorized
when acting with two elected commissioners to transact the business of the
county. (3) The county judge continued nevertheless apart from the commis-
sioners to serve as judge of probate and to preside at the judicial sessions
49. L. 1862, Deady, p. 207;
50.
L. 1862, Deady, p. 144;
51. L. 1862, Deady, p. 177;
52.
1930 0. C. Ann. sec. 2-1604.
1930 0. C. Ann. sec. 7-707.
1930 0. C. Ann. sec. 4-408.
L. 1862, Deady, p. 136; 1930 0. C. Ann. sec. 7-507.
53. U. S. Compiled Statutes, 1918, sec. L. 1373.
54.
Rules of the Circuit Court, Fourth Judicial District, pp. 5, 9, 10.
55.
L. 1862, Deady, p. 145; 1930 0. C. Ann. sec. 7-710.
1. L.
2.
3.
L. 1852-53, p. 11; L. 1859, p. 9.
L. 1854, p. 29.
L.
Const. art. VII, sec. 12; L. 1862, p. 214.
112
-
Department of Probate (Circuit Court)
of the county court. Finally, in the act of 1913 the office of county judge
was abolished and the former judicial functions of the county court were
transferred to the circuit court of the fourth judicial district. (4) The
county judge who was in office in 1913 was elevated to the bench of the cir-
cuit court and was authorized to exercise all the power of a circuit court
judge until the election of his successor. (5)
As at present constituted, the jurisdiction and authority of the pro-
bate judge are largely the same as those of a county judge, excepting in
matters relating to dependent and delinquent minors, which are handled by
the department of domestic relations. (6)
Judge of Department of Probate - Term and Salary. The judge of the
department of probate in the circuit court holds office for a term of the
same period as other circuit judges. His salary is the same as that of the
other circuit judges. (7)
Ex Officio Duties. The judge of the department of probate in the cir-
cuit court is an ex officio member of the board of equalization. (8)
Clerk. As ex officio clerk of the circuit court, the county clerk is
responsible for the certifying and filing of record proceedings of that
body. (9) In Multnomah County a deputy, known as the chief clerk of the
probate court, performs these duties for the department of probate.
Jurisdiction. In the law of 1913 it was provided that the judicial
jurisdiction and judicial powers of the county judge of Multnomah County
be vested in the circuit court. (10) Thus, the circuit court took over the
earlier civil and criminal jurisdiction of the county court. (11) Further-
more, the probate jurisdiction of the county judge, including especially
the administration of estates of decedents, minors, and other legally incom-
petent persons, was turned over to the department of probate of the circuit
court. (12)
1913 S. L. ch. 378.
10.
11.
12.
Powers and Duties. Powers and duties delegated earlier to the county
judge but since 1913 performed by the judge of the department of probate in
the circuit court are as follows: to take proof of wills; to grant and re-
voke letters testamentary, letters of administration, and letters of guar-
dianship; to direct and control the conduct of and to settle the accounts
of executors, administrators, and guardians; to direct the payment of debts
and legacies and the distribution of the estates of intestates; to order the
4.
5. Ibid.
6.
See Department of Domestic Relations (Circuit Court), pp. 113-116.
See Circuit Court, p. 107.
7.
8.
9.
1913 S. L. ch. 378; 1930 0. C. Ann. sec. 28-837.
L. 1862, Deady, p. 235; 1930 0. C. Ann. sec. 31-206.
1913 S. L. ch. 378; 1930 0. C. Ann. sec. 28-837.
GOD
L. 1862, Deady, p. 825.
1913 S. L. ch. 378; 1930 0. C. Ann. sec. 28-837.
G
113
C
Department of Domestic Relations (Circuit Court)
sale and disposal of the real and personal property of deceased persons
and minors; to take over the care and custody of the person and estate of
a lunatic or habitual drunkard; to appoint and direct guardians for such
persons and to settle the accounts, kept by the guardians; and to direct
the admeasurement of dower. (13)
When notified in writing of a case of insanity, the judge of probate
may cause the person charged as insane to be brought before him for exami-
nation before one or more competent physicians appointed by the court. If
the examining physicians certify the person as insane, and if the judge is
of the same opinion, he may order the patient to be committed to the Oregon
State Hospital. (14)
Records. The probate department in the circuit court is required to
keep a full account of proceedings in insanity cases, (15) and, in addi-
tion, the following probate records: a register, a probate journal, a rec-
ord of wills, a record of the appointment of guardians, a record of ac-
counts and distributions, certain order and bond books, and an inheritance
tax record. (16)
Introduction. In 1913, when the judicial business of the county judge
of Multnomah County was transferred to the circuit court, (1) the Legisla-
ture provided for the establishment of a juvenile court, (2) to exercise
all the powers and jurisdiction formerly exercised by the county judge in
juvenile matters. (3)
Further legislation in 1919 created for counties of more than 200,000
population a court of domestic relations, (4) to have exclusive and orig-
inal jurisdiction in all matters coming within the legislation of 1907 re-
lating to dependent and delinquent minors. (5) The court of domestic rela-
tions existed independently of the circuit court.
1.
223
13. L. 1862, Deady, p. 214; 1930 0. C. Ann. sec. 28-1003.
14.
L. 1862, Deady, p. 751; L. 1878, pp. 72, 73; 1913 S. L. ch. 342;
1930 0. C. Ann. sec. 67-1606.
15. L. 1878, p. 75; 1930 0.
16. L. 1862, Deady, p. 411;
VIII. DEPARTMENT OF DOMESTIC RELATIONS (Circuit Court)
2.
4.
5.
1913 S. L. ch.
3. 1907 S. L. ch.
C. Ann. sec. 67-1607.
1930 0. C. Ann. sec. 11-102; also 1903 S. L.
p. 49; 1930 0. C. Ann. sec. 10-634.
1913 S. L. ch.
378.
249; 1930 0. C. Ann. sec. 33-618.
34; 1930 0. C. Ann. sec. 33-601.
296; 1930 0. C. Ann. sec. 33–603.
1919 S. L. ch.
1907 S. L. ch. 34; 1919 S. L. ch. 296; 1930 0. C. Ann. sec. 33-601,
as amended 1935 S. L. ch. 232.
114
Department of Domestic Relations (Circuit Court)
In 1929, however, the Legislature abolished the court of domestic re-
lations as an independent body, and provided for an additional circuit
judge in each county having more than 100,000 population to sit as judge
of the department of domestic relations, within the circuit court. (6)
A further enactment of 1935 provided that in counties of 200,000 or
more population a court styled "the court of domestic relations of
County" should be established. (7) However, as this law was considered in
the main as a re-enactment of the law of 1929, an amendment was passed in
1937, (8) deleting the offending provisions, so that the act of 1929 pre-
vails and the court continues as the department of domestic relations of
the circuit court. (9) The judge of the department of domestic relations
receives the same compensation as other circuit court judges. His term and
qualifications are the same. (10)
Clerk. As ex officio clerk of the circuit court, the county clerk is
responsible for the certifying and filing of record proceedings of that
body. (11) In Multnomah County a deputy performs these duties for the de-
partment of domestic relations.
Powers. The judge of the department of domestic relations is empowered
to appoint all probation officers. (12) He is also authorized to appoint a
superintendent and matron for the Frazier Detention Home and such other
homes as may be provided by the county commissioners for the care of depend-
ent or delinquent children. (13) Vacancies among the probation officers are
filled from the Multnomah County civil service list. Employees of detention
homes are, however, expressly exempted from the operation of the civil serv-
ice act. (14) A deputy district attorney is assigned to the department of
domestic relations. (15)
Jurisdiction. The statutes have given the department of domestic rela-
tions exclusive jurisdiction in all proceedings concerning dependent, delin-
quent, or neglected children, and the court is authorized to provide medical
and surgical treatment for sick and deformed indigent children under the
supervision of the medical department of the University of Oregon. (16)
The court has exclusive jurisdiction also in all proceedings for the
examination and commitment of feeble-minded, idiotic, epileptic, or crimi-
6.
1929 S. L. ch. 183; 1930 0. C. Ann. sec. 28-847.
7. 1935 S. L. ch. 132.
8
1937 S. L. ch. 316.
9. 1929 S. L. ch. 183; 1930 0. C. Ann. sec. 28-853.
10.
See Circuit Court, p. 107.
11. L. 1862, Deady, p. 235; 1930 0. C. Ann. sec. 31-206.
1930 0. C. Ann. sec. 33-618.
12. 1919 S. L. ch. 296; 1930 0. C. Ann. sec. 33-607.
13. 1913 S. L. ch. 249;
14. 1929 S. L. ch. 162;
15. 1907 S. L. ch. 34;
16. 1919 S. L. ch. 296;
1930 0. C. Ann. sec. 27-2902.
1930 0. C. Ann. sec. 33-625.
1930 0. C. Ann. sec. 33-605.
SD
20:30
115
G
Department of Domestic Relations (Circuit Court)
nally inclined persons under 18 years of age to institutions for their
care. (17)
In all proceedings brought for the adoption of children and for chang-
ing the child's name, the court of domestic relations has been granted ex-
clusive and original jurisdiction. (18) The law provides that when a child
has been adopted the parents lose all legal rights concerning custody and
care of the child, and the child is freed from all obligations for mainte-
nance and obedience to his parents. (19)
The judge of the court of domestic relations, while sitting as judge of
the circuit court, has exclusive jurisdiction over uncontested divorce cases
in which the custody of minor children is involved. (20)
The department of domestic relations has been given concurrent juris-
diction with other departments of the circuit court in proceedings for the
apprehension, trial, and punishment of any person charged with failing or
refusing to support his wife and children. (21) It also has original and
exclusive jurisdiction in proceedings for the trial and punishment of per-
sons charged with contributing to the delinquency of a minor. (22)
B
All juvenile cases which originate in courts of justices of the peace
or of police magistrates are transferred to the department of domestic re-
lations. (23) All institutions to which dependent or delinquent minors are
committed are required to report regularly to the court, (24) and no child
may be committed to an institution deemed unsatisfactory by the judge. (25)
The department of domestic relations has authority to require parents to
support dependent children when able to do so. (26) The court may, at its
discretion, appoint guardians for delinquent or dependent children. (27)
17.
The court may, when a juvenile is adjudged dependent or delinquent,
have a temporary order made which is filed with the county clerk. It is
discretionary with the court as to whether the order will be permanent or
temporary. If, in the judgment of the court, the child should cease to be
dependent or delinquent, the judge may cause the record to be destroyed. (28)
1913 S. L. ch. 342; 1917 S. L. ch. 354; 1919 S. L. ch. 296; 1930 0. C.
Ann. sec. 33-605.
18. 1927 S. L. ch. 51; 1930 0. C. Ann. secs. 33-401, 33-605.
19. 1927 S. L. ch. 51; 1930 0. C. Ann. secs. 33-401, 33-605.
20.
21.
1929 S. L. ch. 183;
1913 S. L. ch. 244;
Ann. secs. 14-845
22. 1919 S. L. ch. 296;
23.
1907 S. L. ch. 34;
24.
1907 S. L. ch. 34;
25. 1907 S. L. ch. 34;
26. 1907 S. L. ch. 34;
27. 1907 S. L. ch. 34; 1930 0. C. Ann. sec. 33-709.
28. 1913 S. L. ch. 249; 1930 0. C. Ann. sec. 33-618.
1930 0. C. Ann. sec. 28-849.
1917 S. L. ch. 136; 1929 S. L. ch. 183; 1930 0. C.
to 14-851, 28-848, 33-605.
1930 0. C. Ann. secs. 14-833 to 14-837, 33-605.
1930 0. C. Ann. sec. 33-630.
1930 0. C. Ann. sec. 33-632.
1930 0. C. Ann. sec. 33-632.
1930 0. C. Ann. sec. 33-635.
116.
-
Probation Officer
Records. Any reputable person who is a resident of the county, having
knowledge of a child who appears to be either dependent or delinquent, may
file with the clerk of the court a petition in writing setting forth the
circumstances, verified by an affidavit. The findings of the court are
entered in a book kept for that purpose, designated as the juvenile
record. (29)
The law requires that the records, files, receipts, and disbursements
of the department of domestic relations be kept separate and distinct from
those of other departments of the circuit court. (30) It is further pro-
vided that certain records may be temporary or permanent at the discretion
of the court. (31)
Introduction. The Legislature in 1907 granted authority to the judges
of the various county courts to appoint one or more probation officers. (1)
However, a probation officer had already been appointed in Multnomah County
in 1905. (2)
IX. PROBATION OFFICER
In 1913, when the office of county judge was abolished, a juvenile
court was created in Multnomah County and the judge thereof was authorized
to appoint necessary probation officers. (3)
When the court of domestic relations was organized in 1919, the judge
of that court was given power to appoint all probation officers, subject to
the approval of the State Child Welfare Commission. (4)
In 1929 the court of domestic relations was abolished and a department
of domestic relations created within the circuit court. (5) Since that time
the probation officers have been appointed by the judge of the department
of domestic relations. (6)
234
The law provides further that probation officers may be appointed by
any court having criminal jurisdiction, to serve without compensation from
4.
5.
6.
29. 1907 S. L. ch. 34; 1930 0. C. Ann. secs. 33-621, 33-618.
30.
1929 S. L. ch. 183; 1930 0. C. Ann. sec. 28-852.
31.
1913 S. L. ch. 249; 1930 0. C. Ann. sec. 33-618.
1. 1907 S. L. ch. 34.
2.
3.
Commissioners' Journal, vol. 24, p. 298, June 14, 1905 (new series).
1913 S. L. ch. 2219.
1919 S. L. ch. 296.
1929 S. L. ch. 183; 1930 0. C. Ann. sec. 28-847.
1919 S. L. ch. 296; 1930 0. C. Ann. sec. 33607.
117 -
Probation Officer
the State, county, or municipality. (7) There is further provision that
the following persons be ex officio probation officers to serve without
compensation: the superintendent of the women's protective association of
the Portland department of public safety, attendance officers of public
schools, and such volunteer probation officers as the court may see fit to
appoint. (8)
Qualifications. Probation officers are required to qualify by taking
a competitive examination in accordance with the rules of the Multnomah
County civil service commission. (9) The law states that probation offi-
cers for the court of domestic relations shall be appointed by the judge
only on the approval of the State Child Welfare Commission. (10)
Mag
Tenure. Appointments to this office are made for an indefinite term,
subject to the provisions of the civil service act. (11)
Compensation. There are eight probation officers in Multnomah County,
whose salaries range from $125 to $200 per month, as established by the
civil service commission. (12)
Powers and Duties. Probation officers have the power of peace offi-
cers in the performance of their duties, although they cannot be active
members of any police force. (13) They take under their supervision juve-
nile persons on probation and make investigation of persons for possible
probation, subject to the order of the court. (14) Probation officers may
receive persons under probation from courts of other jurisdictions. They
exercise full authority over persons in their charge and make reports to
the court of original jurisdiction. (15)
Whenever a probation officer is notified by the clerk of the court of
domestic relations that a child is to be brought before the court, it is
the duty of the officer to investigate the case and furnish the court such
information and assistance as may be required. The probation officer is
required to take charge of the child both before and after the proceedings,
under the direction of the court. At any time considered necessary, the
officer may bring the child before the court for further action. (16)
A further duty of the probation officer, subject to the direction of
the court, is to have the custody of children committed to him, and to make
7 1935 S. L. ch. 396; 1935 0. C. Ann. Supp. sec. 13-1148.
▸
8. 1919 S. L. ch. 296;
1930 0. C. Arn. sec. 33-609.
1929 S. L. ch. 162; 1930 0. C. Ann. sec. 27-2902.
10. 1920 S. L. ch. 2; 1930 0. C. Ann. sec. 33-607.
9.
11.
1929 S. L. ch. 162; 1930 0. C. Ann. sec. 27-2912.
1930 0. C. Ann. sec. 27-2907.
12.
1929 S. L. ch. 162;
13. 1931 S. L. ch. 396;
14. 1931 S. L. ch. 396;
1935 0. C. Ann. Supp. sec. 13-1149.
1935 0. C. Ann. Supp. sec. 13-1149.
1931 S. L. ch. 396; 1935 0. C. Ann. Supp. sec. 13-1150.
1907 S. L. ch. 34; 1930 0. C. Ann. sec. 33-623.
15.
16.
118
Jury Commissioner
friendly, supervisory visits to children in homes. (17) It is also provided
that a probation officer may receive for custody a child under 14 years of
age who has been arrested and keep the child outside the confines of jail or
police station subject to court order. (18)
Probation officers are subject to examination and inspection of their
work by the State Board of Parole and Probation. (19)
Records. The law provides that probation officers shall keep a record
of their financial transactions. (20)
Introduction. An enactment of the Legislature in 1925 provided for the
appointment by the judges of the circuit court of a jury commissioner for
any county of 100,000 or more population. (1)
Qualifications The jury commissioner is required to be a citizen of
good standing in the county in which the court is held. (2)
Term. He is appointed to serve for one year. (3)
X. JURY COMMISSIONER
Compensation.
He receives a salary of $600 per year. (4)
Powers and Duties. From a list which they prepare without reference to
party affiliation, the jury commissioner and the clerk of the circuit court
alternately select a name which is placed in a box until a sufficient number
of persons required to form a jury has thus been chosen. (5)
U
It is the duty of the jury commissioner to examine individually each
person on the jury panel, at the time that he or she reports for duty, as
to his or her competency and qualifications to act as a juror as specified
by law.
In the event that any of the persons called for jury service are
1.
19. 1931 S. L. ch. 397;
20. 1931 S. L. ch. 396;
1925 S. L. ch. 224;
1925 S. L. ch. 224;
1925 S. L. ch. 224;
1935 S. L. ch. 241,
1925 S. L. ch. 224;
2.
3.
4.
5.
17. 1923 S. L. ch. 100; 1930 0. C. Ann. sec. 33-629.
18. 1907 S. L. ch. 34; 1930 0. C. Ann. sec. 33-631.
1935 0. C. Ann. Supp. secs. 33-1001, 33-1003.
1935 0. C. Ann. Supp. sec. 13-1149.
1930 0. C. Ann. sec. 30-201.
1930 0. C. Ann. sec. 30-201.
1930 0. C. Ann. sec. 30-201.
sec. 2.
1930 0. C. Ann. sec. 30-201.
119.
District Court
disqualified or incompetent to serve as jurors, the jury commissioner im-
mediately calls the matter to the attention of the presiding judge. The
judge thereupon further examines the said person or persons, and if he
finds in fact that they are not competent or qualified, he discharges them
from jury duty and their names are taken from the jury panel. (6)
The county clerk is required to furnish whatever clerical and sten-
ographic facilities are needed by the jury commissioner to carry on his
duties. (7)
Records. The law makes no mention of any records which the jury com-
missioner is required to keep.
Introduction. A district court was established in Multnomah County
in 1913, under a law which provided that a district court of the State of
Oregon be established in every county of 100,000 population or more. (1)
Multnomah County, being the only county in the State of Oregon with a
population of more than 100,000, elected its first district court judges in
November 1914. Upon the creation of the district court, all justice of the
peace courts, with the exception of Multnomah (Gresham) district, were
abolished and the incumbents thereof were appointed to the newly created
district court to serve until the expiration of their term. (2)
XI. DISTRICT COURT
In 1913, when the district court was created in Multnomah County, there
were three justices of the peace in the Portland area. These three officials
were elevated to the district court judgeships, and an additional judge was
appointed by the Governor to hold office until the next general election. (3)
Qualifications. A district judge is required to be at least 21 years
of age, a citizen of the United States, a resident of the county in which
he seeks election, and actively engaged as an attorney for at least three
years prior to his election, or in the discharge of the duties of a judicial
office. (4) He is required to subscribe to an oath of office. (5) No of-
ficial bond is required.
3.
6. 1935 S. L. ch. 241; 1935 0. C. Ann. Supp. sec. 30-206.
7.
1935 S. L. ch. 241; 1935 0. C. Ann. Supp. sec. 30-206.
1913 S. L. ch. 355; 1915 S. L. ch. 39; 1930 0. C. Ann. sec. 28-1101.
2. 88 Or. 334. See also Justice of the Peace, p. 123.
1.
M
4. 1913 S. L. ch. 355;
5. 1913 S. L. ch. 355;
1913 S. L. ch. 355; 1930 0. C. Ann. sec. 28-1101.
1930 0. C. Ann.
C. Ann. sec.
sec. 28-1103.
1930 0. C. Ann. sec. 28-1104.
game
120
District Court
Term. The court consists of four judges who hold office for six
years. (6)
Compensation. The judges receive a salary of $3,600 per year each
paid monthly as other county salaries are paid. (7)
Organization. In order to apportion the business among the several
judges the court is divided into four departments, known as departments 1,
2, 3, and 4, respectively. (8) The judges choose one of their number to
act as presiding judge. (9) One of the chief functions of this latter of-
ficial is to assign cases to the four departments. (10)
Clerk. The legislative enactment which in 1913 created district courts
granted to the judges power to appoint a clerk. (11) Accordingly when the
district court of Multnomah County was established in that same year, the
judges appointed a clerk who served for two years. (12) The last clerk ap-
pointed by the court served from 1923 until 1926, (13) when the office be-
came elective. (14) Originally fixed at $100 per month, (15) the salary of
the district court clerk is now $3,300 per year. (16)
It is the duty of the district court clerk to file, keep, and preserve
the records, books, papers, and all other property pertaining to the court;
to record the proceedings of the court and to enter its judgments and orders;
to file all papers in any action or proceeding brought before the court. He
is empowered to sign subpenas, writs of attachment, and writs of execution,
and to administer oaths and to take affidavits. (17)
Jurisdiction. Since 1913 the district court in Multnomah County has
had the same criminal jurisdiction as that prescribed for justice of the
peace courts. (18) The court has civil jurisdiction, but not entirely ex-
clusive, in the following cases: for recovery of money or damages when the
amount claimed does not exceed $1,000; for the recovery of specific personal
property when the value of the property claimed and the damage for the deten-
tion does not exceed $1,000; for the recovery of any penalty or forfeiture,
6. 1913 S. L. ch. 355; 1930 0. C. Ann. sec. 28-1101.
7. 1929 S. L. ch. 156; 1930 0. C. Ann. sec. 28-1101.
8. 1913 S. L. ch. 355; 1930 0. C. Ann. sec. 28-1116.
9. 1913 S. L. ch. 355; 1930 0. C. Ann. sec. 28-1114.
10. 1913 S. L. ch. 355; 1930 0. C. Ann. sec. 28-1115.
11. 1913 S. L. ch. 355; 1930 0. C. Ann. sec.
sec. 28-1124.
12.
13.
See private file of clerk of the district court, room 330, Courthouse.
Albert Absher, "The District Court," Oregon Law Review Supplement,
vol. XIX, No. 3, p. 86, April 1940.
1925 S. L. ch. 233; 1930 0. C. Ann. sec. 28-1124.
1913 S. L. ch. 355;
1913 S. L. ch. 355;
14.
15.
See private file of clerk of the district court, room 330, Courthouse.
16. 1925 S. L. ch. 233; 1930 0. C. Ann. sec. 28-1124.
17.
18.
1925 S. L. ch. 233; 1930 0. C. Ann. sec. 28-1125.
1930 0. C. Ann. sec. 28-1105.
121
District Court
whether given by statute or arising out of contract not exceeding $1,000.
(19) The district court also has power to give judgment without trial upon
the confession of the defendant for any causes of action specified, except
for a penalty or forfeiture imposed by statute; to hear and determine ac-
tions of forcible entry and detainer; to enforce and foreclose liens upon
personal property where the amount claimed does not exceed $1,000; to con-
duct actions and proceedings to preserve the property or rights of any
party to an action over which the court has jurisdiction and to enforce
the collection of its own judgments; to hear and determine, preserve, and
enforce all rights involved in an action properly brought in the district
court. (20)
In its criminal jurisdiction the district court has concurrent juris-
diction with circuit court over all misdemeanors for which punishment pre-
scribed does not exceed one year's imprisonment in the county jail or a fine
of more than $3,000, or both. (21)
If either of the parties in the case is dissatisfied with the decision
rendered by the judge, appeal may be made to the circuit court of the
county. (22) However, no appeal to the circuit court can be taken unless
the amount in controversy exceeds $50. (23)
When a jury trial is demanded in the district court, the six jurors
are selected from the jury panel of the circuit court. A fee of $6 must be
paid when application is made for a jury. (24)
In 1915 provision was made for the establishment of a small claims de-
partment in the district court. (25) This department has jurisdiction, but
not exclusive, in cases for the recovery of money only when the amount
claimed does not exceed $35, and when the defendant resides within the lim-
its of Multnomah County. (26) Upon the filing of a claim, the clerk of the
district court appoints a time for the hearing and serves notice to the
defendant. For each claim presented, the clerk must collect in advance a
filing fee of 75 cents. (27) All fees collected by the clerk are paid over
to the county treasurer. (28)
19.
20.
21.
1913 S. L. ch. 355; 1930 0. C. Ann. sec. 28-1105, as amended 1935 S. L.
ch. 401.
1913 S. L. ch. 355; 1930 0. C. Ann. sec. 28-1105, as amended 1935 S. L.
ch. 401.
1913 S. L. ch. 355; 1930 0. C. Ann. sec. 28-1106, as amended 1935 S. L.
ch. 401.
22. 1915 S. L. ch. 327;
23. 1913 S. L. ch. 355;
24. 1925 S. L. ch. 88;
25. 1915 S. L. ch. 327;
26. 1915 S. L. ch. 327;
ch. 471.
27. 1915 S. L. ch. 327;
28. 1913 S. L. ch. 355;
1930 0. C. Ann. sec. 28-1211.
1930 0. C. Ann. sec. 28-1113.
1930 0. C. Ann. sec. 28-1120.
1930 0. C. Ann. sec. 28-1201.
1930 0. C. Ann. sec. 28-1201, as amended 1939 S. L.
1930 0. C. Ann. sec. 28-1203.
1930 0. C. Ann. sec. 28-1130.
122
Justice of the Peace
Records. All records and files of the justice of peace courts with the
exception of those of Multnomah district (Gresham) were transferred in 1913
to the district court. (29) All records of the district court are in the
custody of the clerk of the court. (30) The law requires that the following
records be kept by the district court: a docket showing all actions
ceedings and judgments; (31) a criminal judgment docket; (32) a fee book;
(33) jury trial fee receipts; (34) a small claims docket; and indexes to
plaintiffs and defendants. (35)
, pro-
XII. JUSTICE OF THE PEACE
Introduction. The office of justice of the peace in Oregon dates back
to the early pioneer period. In 1841 three justices were elected at a gen-
eral meeting of the people. (1) In 1843 both judicial and administrative
authority were vested in one Supreme Court Judge and two justices of the
peace, the latter elected in each county, who performed the duties of county
commissioners. (2) In 1846, it was prescribed that the justices of the
peace of each county, or any two of them, should comprise a board of commis-
sioners and county court. (3) The law of 1846 remained in effect until 1851,
when special provision was made for the separate election of county commis-
sioners to serve as such. (4) The laws of the Oregon Territory, enacted in
1848, established the legality of the justice courts created during the pro-
visional period. (5) The Constitution, adopted in 1859, designated the
justice of the peace as a court of limited jurisdiction, (6) and, as amended
in 1910, authorized judges of municipal courts to act in an ex officio capac-
ity as justices of the peace. (7)
31.
32.
29. 1913 S. L. ch. 355; 1930 0. C. Ann. sec. 28-1127.
30. O.
1913 S. L. ch. 355; 1930 0. C. Ann. sec. 28-1125.
1913 S. L. ch. 355; 1930 0. C. Ann. sec. 28-1126.
L. 1864, Deady, p. 599; 1930 0. C. Ann. sec. 28-1126.
33. 1913 S. L. ch. 355;
34. 1913 §. L. ch. 355;
35. 1915 S. L. ch. 327;
1. Ar. p. 5.
2. Ar. p. 30.
1930 0. C. Ann. sec. 28-1130.
1930 0. C. Ann. sec. 28-1130.
1930 0. C. Ann. sec. 28-1215.
3. L. 1843-49, p. 7.
4. L. 1850-51, p. 76.
5.
L. 1850, p. 45.
6.
Const. art. VII, sec. 1.
7.
Const. art. VII, sec. 1; 47 Or. p. 56.
S
123
Justice of the Peace
A statute of 1864 prescribed the election of one justice of the peace
for each precinct voting at the general election. (8) A previous enactment
had enabled the county court, at the time of organizing a precinct, or at
any other time necessary, to authorize in a precinct the election of addi-
tional justices. (9)
In 1854 Multnomah County was divided into seven justices of the peace
districts: North Portland, South Portland, Sandy, Multnomah, Sauvie Is-
land, Willamette, and Powell Valley. In June 1855 a justice of the peace
was elected for each precinct named. (10)
When the district court of Multnomah County was created in 1913, all
justice of the peace courts embraced in the Portland metropolitan area were
abolished. (11) The only justice of the peace court now remaining is that
of Multnomah, with its office in the town of Gresham. The municipal court
in the city of Portland still retains the jurisdiction of a justice of the
peace court, which was conferred upon it by the charter of Portland. (12)
Manner of Selection. Since the creation of the office, justices of
the peace have always been elective. (13) If a vacancy occurs during the
term of office, the board of county commissioners appoint some qualified
person to fill the vacancy until the next regular election. (14)
Qualifications, Oath, and Bond. The justice of the peace is required
by law to be a citizen of the United States, a qualified elector under the
Constitution, and a resident for at least six months in the precinct in
which he is elected. (15) Before assuming the duties of his office he must
file with the county clerk an oath of office, together with a bond of
$1,000. (16)
Compensation. The justice of the peace for Multnomah district receives
a salary of $75 per month which is paid in the manner of other county sal-
aries, and is in full compensation for all duties performed except that of
performing the marriage ceremony, for which he may accept a fee. (17) On or
before the fifth day of each month, the justice of the peace is required to
remit to the county treasurer all fees other than marriage fees collected by
him during the previous month, together with a statement of collections. (18)
8.
9.
10.
L. 1864, Deady, p. 827.
L. 1853-54, p. 286.
Provisional and Territorial Government Papers, No. 2025, in library of
Oregon Historical Society; Commissioners' Journal, vol. 1, pp. 4, 5,
April 5, 1855 (old series).
1913 S. L. ch. 355; 88 Or. 334.
11.
12. 88 Or. 483.
13. Ar. p. 5; L. 1864, Deady, p. 827; 1930 0. C. Ann. sec. 27-2707.
L. 1864, Deady, p. 828; 1930 0. C. Ann. sec. 27-2705.
14.
15.
1929 S. L. ch. 422; 1930 0. C. Ann. sec. 27-2706.
16.
17.
18.
Bad
L. 1864, Deady, p. 827; 1930 0. C. Ann. secs. 27-2702, 27-2703.
1921 S. L. ch. 220; 1930 0. C. Ann. sec. 27-2743.
1925 S. L. ch. 283; 1930 0. C. Ann. sec. 27-2711.
124 -
Justice of the Peace
Tenure. The enactment of 1853, which provides that the term of the
justice of the peace shall be for two years, remains unchanged on the stat-
utes. (19) The State Constitution, however, provides that Judges of the
Supreme Court and other courts shall hold office for a term of six years.
(20) The Oregon Supreme Court holds that under the Constitution, justices
of the peace are judges and therefore are entitled to serve for a term of
six years. (21) Accordingly, the justice of the peace for Multnomah dis-
trict serves for the latter term.
Jurisdiction. The civil and criminal jurisdiction of justices' courts
in Oregon has been limited throughout the history of this office. Origi-
nally, the Provisional Government granted civil jurisdiction to the justices
of the peace only in cases wherein the amount in controversy did not exceed
$150. (22) Under an enactment of 1862 justices' courts now handle only
civil suits involving a maximum of not more than $250. (23) This above rul-
ing applies in particular to civil actions either for the recovery of money
or for the recovery of personal property when its value and the damages for
its detention do not exceed $250; likewise, to forcible entry and detainer
cases involving the wrongful possession of real property through the non-
payment of rental. (24)
G
Criminal jurisdiction of justices' courts, except when they share con-
current jurisdiction with the circuit court, extends only to crimes and mis-
demeanors punishable by fine or by incarceration in the county jail. (25)
An enactment of 1891 provides that the punishment prescribed shall not ex-
ceed three months' imprisonment or a fine of $100. (26) According to the
interpretation of the Supreme Court of Oregon treating the powers of jus-
tices in cases of misdemeanors, no jurisdiction is given over prosecutions
which provide a maximum legal fine of more than $100 unless concurrent ju-
risdiction is granted with the circuit court. (27)
19.
No jurisdiction is granted in actions in which title to real property
is in question; nor in actions for false imprisonment, libel, slander,
malicious prosecution, or for criminal conversation, seduction, or breach
of promise to marry. (28)
L. 1853-54, p. 288; L. 1864, Deady, p. 828; 1930 0. C. Ann.
sec. 27-2707.
Const. art. VII, sec. 1.
20.
21. 81 Or. 483.
22. L. 1843-49, p. 99.
23.
-
L. 1862, p. 217; 1930 0. C. Ann. sec. 28-1303.
1909 S. L. ch. 185; 1930 0. C. Ann. sec. 5-213.
L. 1864, Deady, p. 583; 1930 0. C. Ann. sec. 16-103.
L. 1891, p. 138; 1930 0. C. Ann. sec. 16-104.
24.
25.
26.
27. 69 Or. 483.
28. L. 1864, Deady, p. 583-584; 1930 0. C. Ann. sec. 28-1305.
S
- 125.
Justice of the Peace
The procedure followed by the justice of the peace in carrying out
a criminal action was defined in 1854. A criminal action is commenced
by the filing of a complaint under the oath of a complainant, who is
thereafter known as a private prosecutor; and no judgment, either of con-
viction or acquittal, can be entered unless the person injured appears or
is subpenaed to attend the trial as a witness. (29) Upon the filing of
the complaint the justice issues a warrant for the arrest of the defendant
named. (30)
Requirements and procedure for making appeals from the judgment of
the justice of the peace court have been prescribed by statute. During the
period from 1899 to 1925 the appeal of any person having a judgment entered
against him in a civil action, other than a judgment by confession or want
of answer, was brought before the circuit court when the amount in contro-
versy was not less than $10. (31) Since 1925 the amount in controversy
required for the appeal has been increased to not less than $30. (32)
A party appealing from the civil judgment of a justice court is granted
a period dating 30 days from entry of the judgment for the purpose of filing
and proving his appeal. (33) The original notice of appeal, with the en-
dorsement of the respondent, is filed with the justice along with a state-
ment giving surety covering the costs of the appeal. (34) The bond so filed
must be signed by one or more persons who stand as sureties to vouch for the
appellant's payment of all costs and disbursements awarded against him; the
bond, however, does not prevent further proceedings on the judgment unless
particular provision is made that the appellant or his sureties will satisfy
the further judgment of the appellate court. (35) All sureties signing the
undertaking must have qualifications of bail upon arrest, and if required to
do so, must give proof of their assets and qualify before the justice. (36)
But
If in a criminal action a judgment of conviction has been rendered by
the justice court, appeal may be taken to the circuit court only when the
judgment is a fine of not less than $20 or a sentence of imprisonment for
not less than ten days. (37)
The justice of the peace has jurisdiction over estrays, and animals
unlawfully running at large (38) and may direct the constable to act as
auctioneer for the sale of such animals to cover cost of damage and expense
of keep. (39)
29. L. 1853-54, p. 598; 1930 0. C. Ann. sec. 16-602.
30. L. 1853-54, p. 598;
31. L. 1899, p. 116.
1930 0. C. Ann. sec. 16-604.
32.
1925 S. L. ch. 97; 1930 0. C. Ann. sec. 16-401.
33. L. 1864, Deady, p. 595; 1930 0. C. Ann. sec. 16-402.
34. L. 1854, p. 322; 1930 C. C. Ann. sec. 16-403.
35.
L. 1853-54, p. 323; 1930 0. C. Ann. sec. 16-404.
1930 0. C. Ann. sec. 16-407.
36.
37.
1930 0. C. Ann. sec. 16-703.
L. 1853-54, p. 324;
L. 1853-54, p. 327;
1913 S. L. ch. 328; 1930 0. C. Ann. sec. 20-1602.
L. 1913, ch. 328; 1930 0. C. Ann. sec. 20-1605.
38.
39.
126
Justice of the Peace
Records. Records which the justice of the peace is required by law to
keep in a court docket, although these are too numerous to be listed in the
most minute detail, have bearing on every aspect of the justice's legal
business. Thus, he keeps records showing the title of every action com-
menced in his court, naming the parties to the action and the date when the
suit was commenced; the date, likewise, of the making and filing of any
plea, and a statement of the substance of the plea when the plea was made
orally. (40)
The justice's docket is also required to show a memorandum of all or-
ders relating to the admission to bail; any order allowing a provisional
remedy, the date of its issuance, and of the return of the summons or proc-
ess; the time of the appearance of either party to the suit, or their fail-
ure to appear; the name of an applicant seeking a postponement of trial,
and the length of time of postponement requested. (41)
The law further instructs the justice to record any demand for a jury,
the name of the person who made the demand, the order for the jury, and the
time appointed for trial; the return of the order for jury, the names of
the jurors and those of all witnesses; the verdict of the jury, and the
date when the verdict was returned; a statement of the jury's disagreement
when unable to arrive at a verdict; and finally, mention of the jury's con-
sequent discharge. (42)
The records of the former justice of the peace precincts which were
abolished in 1913 are now in the files of the district court of Multnomah
County. (44)
BRE
In addition to the court docket, the justice of the peace is required
to keep all papers and process filed in the court, together with a separate
small claims docket. (43)
2
44.
-
40.
L. 1864, Deady, p. 584; 1930 0. C. Ann. sec. 16-202.
41. L. 1864, Deady, p. 584; 1930 0. C. Ann. sec. 16-202.
42.
L. 1864, Deady, p. 584; 1930 0. C. Ann. sec. 16-202.
L. 1864, Deady, p. 584; 1930 0. C. Ann. sec. 16-201; 1917 S. L. ch. 328;
1930 0. C. Ann. sec. 28-1414.
43.
See entries 438-445; 451-470, vol II.
127 -
Introduction. The office of sheriff, described in 1862 as that of
chief executive officer and conservator of the peace of the county, (1)
was one of the early offices established at the first meetings of the
settlers of the Oregon country. In 1841, when the first efforts were made
to organize a Provisional Government, the assembly elected a "high sher-
iff," (2) and again in 1843 the sheriff was among the Provisional officers
elected. (3) In 1845 a sheriff was elected in each of the then existing
counties. (4) There is no record of any strict definition of the duties
of the sheriff as a result of these early meetings of the Provisional Gov-
ernment, except in so far as the legislators relied upon the laws of the
Iowa Territory, as revised by the committee on revision of laws, as a guide
for the creation of certain offices. (5)
The Congressional act of 1848, establishing the Oregon Territory, pro-
vided for the office of sheriff, (6) statutes enacted during the Provi-
sional period having established the office as one embracing numerous func-
tions, as conservator of the peace, ministerial officer of the courts,
collector of revenue. The framers of the Oregon Constitution in 1859 named
the sheriff as ministerial officer of the circuit and county courts. (7)
The first sheriff of Multnomah County was appointed by the Governor upon
the creation of the county in 1854. (8) The first elected sheriff of Mult-
nomah County took office in 1855. (9)
Manner of Selection. The office of sheriff has been elective since
its establishment by the Provisional Legislature. (10) The Constitution
provided for the election of the sheriff in the counties. (11) However,
in 1913 an enactment provided for the appointment of all pro tem county
officers by the pro tem county court, which is appointed by the Governor.
(12) If a vacancy occurs in the office of sheriff, the county court ap-
points a qualified person to fill the vacancy until his successor is elec-
ted and qualified. (13)
1.
ae
L. 1862, Deady, p. 236; 1930 0. C. Ann. sec. 31–309.
2.
Ar. p. 6.
3. Ar
Ar. P.
p. 14.
4. Ar
Ar. p. 118.
9.
10.
11.
12.
13.
XIII. SHERIFF
5. Ar. p
6.
7.
8.
Ar. p. 19.
9 Stat. 323..
Const. art. VII, sec. 16.
Provisional and Territorial Papers, No. 6139.
Commissioners' Journal, vol. 1, p. 1 (old series).
Ar.
Ar. p. 6.
Const. art. VII, sec. 16.
1913 S. L. ch. 10; 1930 0. C. Ann. sec. 26-206.
L. 1864, Deady, p. 823; 1930 0. C. Ann. sec. 27-1607, as amended
1931 S. L. ch. 24; for manner of removal see Board of County
Commissioners, p. 87.
128
Sheriff
Qualifications, Oath, and Bond.
Oath, and Bond. The sheriff must be a citizen of the
United States, an elector under the State Constitution, and a resident of
the county for one year preceding his election. (14) He is required to
file an oath of office; likewise two bonds, one in his capacity as minis-
terial officer of the courts, the other as ex officio tax collector.
Multnomah County his bond as sheriff is $10,000, (15) as tax collector
$100,000. (16)
In
Tenure. The term of office of the sheriff was originally fixed by
the Constitution at two years, (17) but a Constitutional amendment in 1920
changed it to four years. (18)
Compensation. The early method of compensating the sheriff was by
fees for services performed. (19) A law of 1893 provided that he be paid
by salary. (20) The fees which he collects, together with fees collected
by other county officers, are entered into a cumulative salary fund from
which salaries are paid, with additional funds transferred from general
county funds. (21) The salary of the sheriff has varied during recent
years from $4,500 to $6,000. The amount of his salary at present is
$6,000. (22)
11
Organization. The sheriff's office in Multnomah County employs a
number of deputies who perform specific functions as directed by the sher-
iff. (23) The office is divided into two general departments, civil and
criminal. In the criminal department are 26 deputies, whose salaries range
from $125 to $225 per month. In the civil department are 15 deputies,
whose salaries range from $150 to $300 per month. The personnel of the
county jail includes 1l jailors and matrons, whose salaries range from $125
to $205 per month. Nine persons are employed for the sub-jail at Kelly
Butte. The sheriff is authorized to appoint deputies, (24) jailors and
guards for prisoners working outside the jail, (25) and also jail matrons.
(26) However, since 1929, a number of staff positions in the various county
offices have been governed by civil service regulations. (27) All salaried
deputies and other sheriff's office employees are selected from the civil
service lists.
21.
22.
14.
15.
16.
17.
18.
19. L. 1852-53, p. 22.
20.
L. 1893, p. 163; 1930 0. C. Ann. sec. 27-2827, as amended 1939 S. L.
ch. 38.
L. 1898, p. 9; 1930 0. C. Ann. sec. 27-3023.
1907 S. L. ch. 249; 1921 S. L. ch. 71; 1930 0. C. Ann. sec. 27-2827,
L. 1864, Deady, p. 823; 1930 0. C. Ann. sec. 27-1602.
L. 1864, Deady, p. 824; 1930 0. C. Ann. sec. 27-1608.
1907 S. L. ch. 267; 1930 0. C. Ann. sec. 69–703.
Const. art. VII, sec. 16.
Const. art. VI, sec. 6, as amended 1920.
as amended 1933 S. L. ch. 241; 1935 S. L. ch. 447.
23. L. 1864, Deady, p. 388; 1930 0. C. Ann. sec. 31-303.
24. 1907 S. L. ch. 41; 1917 S. L. ch. 21; 1930 0. C. Ann. sec. 27-2322.
25. 1907 S. L. ch. 41; 1930 0. C. Ann. sec. 27-2320.
26. 1907 S. L. ch. 187;
27.
1929 S. L. ch. 162;
1930 0. C. Ann. sec. 27-2311.
1930 0. C. Ann. sec. 27-2902.
.
129
Sheriff
Ex Officio Duties.
The sheriff is ex officio tax collector. (28)
Powers and Duties. Although the functions of the sheriff were not
defined in detail during the early period of the Provisional Government, by
1847 statutes were enacted covering numerous phases of the sheriff's duties.
These involved law enforcements, (20) service of writs and summonses, (30)
and election duties. (31) The sheriff, during the early Territorial period,
also served as census enumerator. (32) During the Provisional and Terri-
torial periods, he also executed the death sentence. (33) Among the early law
enforcement duties of the sheriff was the enforcement of the prohibition of
the sale of intoxicating liquor to Indians. (34)
The statute of 1862 provides a broad outline of the functions of the
sheriff, (35) whose duty it is to arrest and commit to jail persons break-
ing or attempting to break the peace, to defend the county against riot or
other disturbance, to execute processes and orders of judicial officers, to
execute warrants issued by other public officers, and to attend the courts
held within the county.
Specific duties of the sheriff have been prescribed in separate enact-
ments, amended from time to time. Since 1913, when the county court was
abolished, the sheriff has been the ministerial officer of the circuit court
alone. In that capacity he serves summonses in civil actions, (36) sub-
penas witnesses, (37) serves processes, (38) executes forcible entry and de-
tainer orders, (39) executes judgments in civil actions and conducts fore-
closure sales, (40) and serves writs of attachment. (41) He also issues
deeds in the sale of foreclosed property (42) and executes liens on boats
and equipment. (43) The service of bench warrants is a further duty of the
sheriff. (44)
The sheriff is responsible for conveying prisoners to the institution
28. L.
L. 1843-49, p. 25; 1907 S. L. ch. 267; 1913 S. L. ch. 184; 1930 0. C.
Ann. secs. 69-701, 69–702. See Tax Collector, pp. 149-151.
31, L. 1843-49, p. 55;
32. L. 1843-49, p. 52.
L. 1850, p. 88.
33.
34. L. 1343-49, p. 167.
35.
36.
37.
38.
39.
29.
L. 1843-49, p. 123; 1930 0. C. Ann. sec. 31-309.
30. L. 1843-49, p. 125: 1980 0, C. Ann. sec, 31-309.
1930 0. C. Ann, sec. 36-1519.
42.
43.
44.
L. 1862, Deady, p. 237;
L. 1862, Deady, p. 236;
L. 1864, Deady, p. 345;
1930 0. C. Ann. sec. 31-309.
1930 0. C. Ann. sec. 1-504.
1950 Q. C. Ann. sec. 9-1105.
L. 1862, Deady, p. 389; 1930 0. C. Ann. sec. 31–306.
1909 S. L. ch. 185; 1930 0. C. Ann. sec. 5-216.
40. L. 1862, Deady, p. 212; 1930 0. C. Ann. sec. 3-401.
1930 0. C. Ann. sec. 4-404.
41. L. 1862, Deady, p. 176;
L. 1862, Deady, p. 253; 1930 0. C. Ann. sec. 6-507.
L. 1853, p. 769; 1930 0. C. Ann. sec. 51-605.
L. 1864, Deady, p. 166; 1930 0. C. Ann. sec. 13-816.
G
130 -
Sheriff
to which they have been cominitted by the courts. (45) He also executes
writs of habeas corpus. (46) He is responsible for providing food and
other necessary care of jurors during the deliberation of a case. (47)
As a law enforcement officer, the sheriff is empowered by statute to
make arrests, (48) to disperse rioters and persons unlawfully assembled,
(49) to enforce nuisance abatement orders, (50) to enforce highway regula-
tions, (51) to enforce the state aeronautic laws, (52) and to enforce the
gambling laws. (53) He also takes over estray animals (54) and in Multno-
mah County, for which the statutes define certain limits wherein stock may
not run at large, the sheriff is responsible for the impounding of stock
found running at large. (55) The power of posse comitatus authorizes him
to call together and arm the male inhabitants of the county, and to command
any armed military company in the county except the National Guard, in or-
der to assist in overcoming civil disorder. (56)
Prior to 1933 the sheriff's office in Multnomah County served as a
central fingerprint and criminal record bureau to which the sheriffs of the
various Oregon counties forwarded fingerprints and photographs of persons
convicted within their respective counties. (57) In 1933 the law was
amended and the office of the State Police at Salem, Oregon was established
as the central criminal identification bureau. (58)
50.
51.
52.
53.
As custodian of the county jail, (59) the sheriff is responsible for
the care of jail prisoners, (60) including Federal prisoners lodged in the
county jail. (61) He is required to make a monthly report to the county
auditor of the prisoners confined in the county jail and the number of days
each is confined. (62)
45. L. 1874, p. 125; 1930 0. C. Ann. sec. 13-1131.
46. L. 1862, Deady, p. 308; 1930 0. C. Ann. sec. 8-435.
47. L. 1862, Deady, p. 189;
48. L. 1862, Deady, p. 389;
49.
L. 1862, Deady, p. 236;
sec. 52-317.
1930 0. C. Ann. sec. 2-311.
1930 0. C. Ann. sec. 31-309.
1921 S. L.
54.
55.
56.
57.
58.
59.
60.
61.
62.
SE
ch. 207; 1930 C. C. Ann.
L. 1862, Deady, p. 230; 1930 0. C. Ann. sec. 5-301.
1921 S. L. ch. 371; 1930 0. C. Ann. sec. 55-1007.
1923 S. L. ch. 86; 1930 0. C. Ann. sec. 17-207.
L. 1876, p. 41; 1930 0. C. Ann. sec. 14-741, as amended 1937 S. L.
ch. 492.
1909 S. L. ch. 261; 1930 0. C. Ann. sec. 20-2058.
1909 S. L. ch. 224; 1930 0. C. Ann. sec. 20-2056.
L. 1862, Deady, p. 389; 1930 0. C. Ann. sec. 31-307; 1921 S. L. ch. 207;
1930 0. C. Ann. sec. 30-109.
1917 S. L. ch. 286; 1930 0. C. Ann. sec. 27-2403.
1933 S. L. ch. 52.
L. 1853, p. 394; 1930 0. C. Ann. sec. 27-2317.
1907 S. L. ch. 41; 1930 0. C. Ann. sec. 27-2317.
L. 1862, Deady, p. 394; 1917 S. L. ch. 38; 1930 0. C. Ann. sec. 31-601.
L. 1901, p. 168; 1930 0. C. Ann. sec. 27-2220.
131
Sheriff
The sheriff has certain licensing powers. He issues permits to carry
concealed weapons. (53) As agent for the Secretary of State he issues
temporary licenses for automobiles and trucks. (64) Prior to 1939 he is-
sued meat peddlers' tags to venders of meat and poultry. (65)
The statutes provide that all railroad conductors and engineers
shall be deened deputy sheriffs of the county through which the train is
passing, providing they are actually engaged upon their duties as railroad
employees. (66)
The sheriff has certain duties in connection with elections. (67) He
is required to secure the use of and provide furniture for polling places,
and to deliver supplics to the judges of election in the various precincts.
He is also required to execute the orders of election judges in enforcing
order at polling places.
The county is not responsible for the acts of the sheriff. (68) Any
person claiming loss or injury as a result of the sheriff's acts is en-
titled to bring suit on the sheriff's bond. (69) The sheriff is liable in
civil action for damages resulting from the escape of a prisoner. (70)
Statutory limitations established for suit against the sheriff are three
years in case of a general claim for damages, (71) and one year in case of
damage resulting from an escape. (72)
Records. Only a few records of the sheriff's office are made man-
datory by statute. Upon relinquishing his office to a successor, the
sheriff is instructed to turn over a record of the prisoners in the county
jail. (73) He is also required to keep a fee book, (74) and to keep a
record of reports of accidents which take place outside the limits of an
incorporated city or town. (75) Under the civil service law requirements,
he keeps a record of the efficiency of the employees of his office.
(76) He keeps a record of applications for permits to carry concealed
weapons. (77) From 1929 to 1939 he kept a record of tags issued to meat
Curator »A
76.
77.
63.
1925 S. L. ch. 260; 1930 0. C. Ann. sec. 72-208.
64. 1921 S. L. ch. 371; 1930 0. C. Ann. sec. 55-115.
65. 1929 S. L. ch. 462; 1939 S. L. ch. 75.
1907 S. L. ch. 206; 1930 0. C. Ann. sec. 62-2201.
66.
L. 1891, pp. 13, 26; 1921 S. L. ch. 181; 1930 0. C. Ann.
secs. 36-1409, 36-1513, 36-1601.
68.
L. 1862, Deady, p. 390; 1930 0. C. Ann. sec. 31-310.
69. L. 1862, Deady, p. 233;
70. L. 1862, Deady, p. 390;
71. L. 1862, Deady, p. 141;
72. L. 1862, Deady, p. 142;
73. L. 1862, Deady, p. 393; 1930 0. C. Ann. sec. 31-502.
L. 1898, Sp. S. p. 9; 1930 0. C. Ann. sec. 27-3021.
1921 S. L. ch. 371; 1930 0. C. Ann. sec. 55-518, as amended 1937 S. L.
ch. 445.
1930 0. C. Ann. sec. 5-402.
1930 0. C. Ann. sec. 31-401.
1930 0. C. Ann. sec. 1-205.
1930 0. C. Ann. sec. 1-207.
74.
75.
1929 S. L. ch. 162;
1925 S. L. ch. 260;
1930 0. C. Ann. sec. 27-2912.
1930 0. C. Ann. sec. 72-208.
-
132
Constable
peddlers; (78) the stubs of these are now forwarded to the State Department
of Agriculture. (79)
The sheriff of Multnomah County keeps a complete record of the opera-
tions of his office, including records pertaining to civil business, such
as execution documents, foreclosure records and deeds, property sales and
redemption records. He also keeps a record of appointments. Criminal busi-
ness records include emergency calls, a case file and record of warrants
served, commitment records including court orders for commitment and release
of State prisoners, city prisoners, juvenile commitments, insane, and Fed-
eral commitments.
Introduction. The office of constable, defined by statute as the con-
servator of the peace within the county, (1) was the first law enforcement
office created in the Oregon country. The settlers of the Willamette Val-
ley, at a meeting in February 1841, chose three constables, (2) who, pend-
ing the adoption of a code of laws for Oregon, were instructed to perform
their duties in accordance with the laws of New York. (3) However, in 1843
it was decided that the duties of the constables be regulated according to
the Territorial Laws of Iowa. (4)
2.
Manner of Selection. The office of constable has always been elective.
In 1851 a legislative enactment provided for the election of constables by
precincts. (5) When Multnomah County was created from part of Washington
County in 1854, the constables of the then existing districts continued to
hold office until their successors were regularly elected. There are now
two constable districts in Multnomah County, that of Multnomah, with offices
at Gresham, and that of Portland, with an office in the county courthouse.
The former is under the jurisdiction of the justice of the peace of Gresham,
while the latter executes the various processes of the district court of
Multnomah County.
ง ลง
Qualifications, Oath, and Bond. The constable is required to be a
citizen of the United States, a qualified elector under the State Consti-
tution, and a resident for at least six months in the precinct in which he
78. 1929, ch. 462; 1930 0. C. Ann. sec. 20-1105.
79.
1939 S. L. ch. 75.
1.
L. 1852 (including L. 1853), p. 30.
Ar. p. 6.
3. Ibid.
XIV. CONSTABLE
4.
5•
-
L. 1843-49, p. 100.
L. 1851 (including L. 1852), p. 5; for manner of removal from office,
see Board of County Commissioners, p. 87.
133.
Constable
is elected. (6) Before assuming the duties of his office the constable
must file with the county clerk his certification of election, with his
oath of office endorsed thereon, together with a bond. (7) The bond of
the constable at Gresham is fixed at $1,000. (8) The bond of the constable
of the Portland district is fixed at the same amount. (9)
Compensation. The method of compensating constables was originally
uniformly by fees collected for services performed. (10) At the present
time, the constable at Gresham is paid on the basis of fees which he re-
ceives for serving processes issued by the justice of the peace, and for
performing other official duties. (11) All such fees are fixed by law.
(12) The constable of the Portland district receives an annual salary of
$3,300, paid in monthly installments by the county. (13)
Tenure. The term of office of the constable at Gresham is two years,
(14) and that of the constable of the Portland district four years. (15)
Deputies.
There are 11 deputies attached to the constable's office
in Portland. The constable makes appointments to fill vacancies among his
deputies from the Multnomah County civil service eligible list. (16) All
appointments of deputies must be made in writing and together with their
oaths of office must be filed with the county clerk. (17) The chief dep-
uty receives $200 per month; the chief clerk $175 per month; the execution
clerk $165 per month and the eight field deputies $155 per month. (18)
The constable of the Portland district is required to recommend annually to
the board of county commissioners the salaries to be paid to the deputies
during the ensuing year, thus standardizing the salaries of several depu-
ties who perform similar services. (19)
The constable and his deputies when serving papers within his dis-
trict, but outside the corporate limits of the city embraced within the
district, receive necessary traveling expenses, not to exceed ten cents
per mile. (20)
Powers and Duties. The law of 1849 originally required the constable
6.
L. 1864, p. 829; 1930 0. C. Ann. sec. 27-2719.
L. 1864, p. 829; 1930 0. C. Ann. secs. 27-2715, 27-2716, 27-2717.
L. 1864, Deady, p. 829; 1930 0. C. Ann. sec. 27-2715.
L. 1864, Deady, p. 829; 1930 0. C. Ann. sec. 27-2715.
10. L. 1850, p. 151; L. 1864, Deady, p. 737; 1930 0. C. Ann. sec. 27-2750.
11. L. 1850, p. 151; 1930 0. C. Ann. sec. 27-2720.
12. L. 1850, p. 151; 1930 0. C. Ann. sec. 27-2720.
C. Ann. sec. 27-2749.
13.
1911 S. L. ch. 215; 1930 0.
14.
L. 1864, Deady, p. 828; 1930 0. C. Ann. sec. 27-2714.
1911 S. L. ch. 215; 1930 0. C. Ann. sec. 27-2747.
15.
16. 1929 S. L. ch. 162;
17. 1911 S. L. ch. 215;
18. 1919 S. L. ch. 101;
19. 1919 S. L. ch. 101;
20. 1915 S. L. ch. 179;
1930 0. C. Ann. sec. 27-2902.
1930 0. C. Ann. sec. 27-2748.
1930 0. C. Ann. sec. 27-2830.
1930 0. C. Ann. sec. 27-2832.
1930 0. C. Ann. sec. 27-2750.
7.
8.
9.
134
Constable
to apprehend and bring to justice all felons and disturbers of the peace;
to serve and execute warrants, writs, precepts and other processes law-
fully directed to him. (21) The constable as a peace officer may make
arrests without warrant when a felony has been committed in his presence
or when he has reasonable belief that a person has committed a felony. (22)
He has power also to execute search warrants (23) and in so doing may break
open any door or window, use all necessary force, and deputize persons to
assist him. (24)
It is the duty of the constable to inform against and diligently pros-
ecute any persons violating the gambling act. (25) If the constable ob-
serves a minor smoking a cigarette, it is his duty to inquire from whom the
cigarettes were obtained, to take the minor before a justice or circuit
court, and to notify the district attorney. If he fails to do this, he is
liable for a misdemeanor. (26) The constable furthermore is empowered to
make arrests for violation of the aeronautical code and to bring the of-
fender before a committing magistrate. (27)
Among the many other duties of the constable as peace officer are the
following: to assist the State Veterinarian, (28) to execute foreclosure
of liens, (29) to enforce the produce and peddlers' act, (30) to enforce
quarantine measures relating to horticulture, (31) to execute extradition
warrants, (32) to enforce the uniform narcotics law, (33) and to make
arrests for fish and game law violations. (34)
It may be said, however, that the chief function of the constable and
his deputies consists of the execution of the various processes issued by
the court to which he is attached.
Records. Although the law does not require the constable to keep rec-
ords, the following records are kept in the constable's office in the Port-
land district: record of complaints and summons, record of services,
record of executions, record of warrants, record of replevin bonds, record
of indemnity bonds, and small claims complaints.
21.
L. 1843-49, p. 105; L. 1864, Deady, p. 494; 1930 0. C. Ann.
sec. 27-2748.
22. L. 1864, Deady, p. 505;
23. L. 1864, Deady, p. 522;
24. L. 1864, Deady, p. 522;
25. L. 1876, p. 41; 1930 0.
26.
1917 S. L. ch. 244; 1930 0. C. Ann. sec. 14-822.
27. 1923 S. L. ch. 202; 1930 0. C. Ann. sec. 17-120.
28. 1913 S. L. ch. 14; 1930 0. C. Ann. sec. 20-415.
1930 0. C. Ann. sec. 13-2111.
1930 0. C. Ann. sec. 13-2501.
1930 0. C. Ann. sec. 13-2507.
C. Ann. sec. 14-741.
29.
L. 1862, Deady, p. 251; L. 1899, p. 110; 1930 0. C. Ann.
secs. 6-501, 6-504, 16-304, 20-1505.
30.
31.
32.
33.
34.
1933 S. L. ch. 382; 1935 0. C. Ann. Supp. secs. 18-2119, 18-2134.
1931 S. L. ch. 232; 1935 0. C. Ann. Supp. sec. 18-2615.
1935 S. L. ch. 77; 1935 0. C. Ann. Supp. sec. 13-2626.
1935 S. L. ch. 121; 1935 0. C. Ann. Supp. sec. 15-811 to 15-829.
1933 S. L. ch. 174; 1935 0. C. Ann. Supp. sec. 39-113.
Om
• 135
Introduction. The office of coroner, as defined by the territorial laws
of Iowa, was established by the assembly of the Oregon settlers in
(1) It was not until 1847, however, that the Provisional Legislature
made specific provision for the office in the Oregon Territory, an enact-
ment of that year requiring the Governor of the territory to appoint a
oner in each county. (2) The office of coroner of Multnomah County was
established upon the creation of the county in 1854, and the first incum-
bent was appointed by the Governor as provided by statute, to hold office
until the next election. (3) The Constitution, adopted in 1859, provided
for the election of a coroner. (4)
·
1.
2.
Manner of Selection. Since the adoption of the Constitution, the
office has been elective. (5) If a vacancy occurs during the term of office
of the coroner, the county commissioners appoint some qualified person to
fill the vacancy until the next regular election. (6)
3.
Qualifications, Oath, and Bond. The coroner is required by law to be
a citizen of the United States, a qualified elector under the Constitution,
and a resident for one year of the county in which he is elected. (7) He
is required to file an oath of office with the county clerk and to furnish
bond of $3,000. (8)
4.
5.
6.
XV. CORONER
Tenure. Under the act of 1847, coroners served for one year. (9) The
Constitution originally provided that the coroner serve for two years, (10)
but in 1920 an amendment increased the term of office to four years. (11)
Compensation. Unlike the coroners of Oregon counties generally the
coroner of Multnomah County, since 1917, has been paid by salary, (12)
which compensates him in full for his services. Since 1935 his salary has
been $940 per annum. (13) All fees collected by him, including those
L. 1843-49, pp. 134, 135.
L. 1843-49, p. 23.
1843.
1931 S. L. ch. 24.
missioners, p. 87.
L. 1854, p. 29; 1930 0. C. Ann. sec. 26-139; Commissioners' Journal
vol. 1, p. 64 (old series).
Const. art. VI, sec. 6.
Ibid.
L. 1864, Deady, p. 823; 1930 0. C. Ann. sec. 27-1604, as amended
For manner of removal see Board of County Com-
7.
L. 1864, Deady, p. 823; 1930 0. C. Ann. sec. 27-1602.
8.
L. 1864, Deady, p. 823; 1930 0. C. Ann. sec. 27-1609.
L. 1843-49, p. 23.
9.
10.
Const. art. VI, sec. 6.
11.
Const. art. VI, sec. 6, as amended 1920.
12. 1917 S. L. ch. 160; 1930 0. C. Ann. sec. 27-2827.
13. 1935 S. L. ch. 447.
136
-
Coroner
which he may collect while performing the duties of sheriff, are remitted
to the county treasurer. (14)
Powers and Duties. The chief duty of the coroner is to investigate the
circumstances surrounding a death, if the coroner has reasonable cause to
suspect that the death has been occasioned by criminal means or suicide. (15)
Upon receiving information concerning the death or serious wounding of a
person, the coroner reports the matter to the district attorney, and, at the
discretion of the district attorney, orders an autopsy, inquest, or both. (16)
He is given the right of entry into any room, dwelling house, or other en-
closure where a death has occurred under suspicious circumstances, and may,
at his discretion, appoint a custodian for such premises for a period not
exceeding five days. The custodian has the authority of a deputy sheriff,
and must take an oath of office administered by the coroner. The expenses
of the custodian are paid when bills, verified by the coroner, are presented
to the county treasurer. (17) The coroner may forbid the entrance of any
person, except peace officers and the district attorney, into any specified
area bearing any evidence of the manner of killing, wounding, or suicide of
a human being. (18) He may also grant or withhold permission to remove a
body from a place where death has occurred. (19)
Upon ordering an inquest, he summons a jury of six persons (20) and
summons witnesses, compelling their attendance if necessary. In Multnomah
County, witnesses residing within two miles of the place where they are
required to appear are not entitled to witness fees or mileage. (21) The
coroner has the testimony of witnesses reduced to writing, and if the ver-
dict is such as to charge the commission of a crime, he delivers a transcript
of the testimony to a magistrate for a warrant; if no criminal charge is
found by the jury, he files the verdict with the county clerk. (22) During
the holding of an inquest, the coroner is regarded as serving in a judicial
capacity for the purpose of subpenaing witnesses, and compelling them to
attend and testify, and his decisions have judicial authority. (23) However,
the Supreme Court has ruled that the record of a coroner's inquest may not
be valid as evidence in actions between private parties. (24)
14.
15.
It is the duty of the coroner to bury at the expense of the county the
bodies of all transients and paupers not claimed at the inquest by friends.
1907 S. L. ch. 249; 1930 0. C. Ann. sec. 27-2827.
L. 1862, Deady, p. 243; 1930 0. C. Ann. sec. 31-701, as amended
1935 S. L. ch. 105.
16.
L. 1862, Deady, p. 243; 1930 0. C. Ann. sec. 31-701.
17.
18.
1923 S. L. ch. 294; 1930 0. C. Ann. sec. 31-702.
1923 S. L. ch. 294; 1930 0. C. Ann. sec.
sec. 31-704.
1923 S. L. ch. 294; 1930 0. C. Ann. sec. 31-705.
19.
20.
L. 1864, Deady, p. 518; 1930 0. C. Ann. sec. 13-2401.
21.
22.
L. 1864, Deady, p. 518;
L. 1864, Deady, p. 518;
23.
L. 1864, Deady, p. 519;
24. 42 Or. 365.
1930 0. C. Ann. sec. 13-2403.
1930 0. C. Ann. sec. 13-2407.
1930 0. C. Ann. sec. 13-2404.
137
District Attorney
or relatives. (25) He makes an inventory of any money or property which
the deceased might have; but if the deceased is a pauper, the coroner pro-
vides decent burial. (26) After the burial deductions have been made, the
coroner delivers the remaining property of the deceased to the county treas-
urer, (27) who places the money to the credit of the county. (28) The cor-
oner returns to the county commissioners a statement of burial and inquest
expenses. (29)
The coroner executes any process, in any suit, proceeding or action to
which the sheriff is a party. (30) He also executes habeas corpus writs in
case the sheriff fails to do so. (31)
Legislation of 1935 gave the coroner authority to execute warrants of
the Governor in extradition proceedings. (32)
Deputies of the coroner of Multnomah County are selected from the civil
service lists of the county as provided by legislation of 1929. (33) They
may include one deputy at a salary of $150 per month, and one deputy at a
salary of $125 per month. (34)
The same civil liabilities and statutory limitations which govern the
office of sheriff apply to the coroner. (35)
Records. The law does not require the coroner to keep any records.
However, the coroner of Multnomah County keeps an indexed record of cases
coming under his jurisdiction, a monthly report of data concerning deaths
investigated by his office, and financial records, including receipts and
invoices.
Introduction. The
development in Oregon.
34.
35.
XVI. DISTRICT ATTORNEY
early office of prosecuting attorney had a dual
It was the predecessor of the State office of
25.
L. 1864, Deady, p. 519; 1930 0. C. Ann. sec. 13-2410.
26. L. 1864, Deady, p. 520; 1930 0. C. Ann. sec. 13-2412.
27. L. 1864, Deady, p. 518; 1930 0. C. Ann. sec. 13-2413.
28. L. 1864, Deady, p. 520; 1930 0. C. Ann. sec. 13-2414.
29. L. 1864, Deady, p. 520; 1930 0. C. Ann. sec. 13-2411.
30. L. 1862, Deady, p. 243; 1930 0. C. Ann. sec. 31-707.
31.
L. 1862, Deady, p. 607; 1930 0. C. Ann. sec.
sec. 8-411.
1935 S. L. ch. 77; 1935 0. C. Ann. Supp. sec. 13-2626.
32.
33.
1929 S. L. ch. 162; 1930 0. C. Ann. sec. 27-2902, as amended
1939 S. L. ch. 307.
1919 S. L. ch. 101; 1930 0. C. Ann. sec. 27-2830.
L. 1862, Deady, p. 396; 1930 0. C. Ann. sec. 31-708.
138.
District Attorney
Attorney General of Oregon; and, at the level of county government, it was
the forerunner of the present elective office of district attorney. The
early statutes designate this official by varying titles, reflecting usu-
ally the administrative and judicial organization of the State at the time
the statute was enacted.
Provisional System. In 1844, the acting head of the executive commit-
tee of the Provisional Government was authorized to appoint a circuit attor-
ney for the Oregon country. (1)
Territorial System. In 1848, upon the creation of the Oregon Terri-
tory, a prosecuting attorney, designated as the territorial attorney, was
appointed by the President of the United States, acting under the advice
of the United States Senate. (2) In a measure of 1849, dividing the State
into two judicial districts, provision was made for the election by a vote
of the Legislature of a prosecuting attorney to prosecute all pleas, plaints
and indictments brought before the district court, and to give advice to the
district's other civil officers on questions of law. (3) The specific title
of district attorney first appeared in the statutes in 1853, when further
provision was made for the election of district attorneys designated as such.
(4) In some measures, of later dates, this official is called the public
prosecutor. (5)
-
State System. Further statutes regulating elections to this office
date from 1859, when the Constitution specified that in districts of one or
more counties prosecuting attorneys be elected to serve as legal represent-
atives both of the State and of their district. (6) Under the Constitution
the Oregon counties were grouped into four judicial districts, with Multno-
mah, Clackamas, Wasco, Columbia, Clatsop, and Tillamook Counties comprising
the fourth district. (7) In 1882 Multnomah County was established as a
separate judicial district, remaining as the fourth district. (8) A statute
of 1913 changed the name of prosecuting attorney to district attorney, and
provided for the election of a district attorney for each county. (9)
The office of prosecuting attorney for the fourth district was created
in 1853. (10) However, the first election for that office was not held un-
til 1855. (11)
-
Qualifications, Oath, and Bond. At the time of the election of the
1.
L. 1843-49, p. 71.
2.
L. 1850, p. 42.
3. L. 1850, p. 218.
4.
L. 1853, p. 53.
5.
L. 1862, p. 232; 1930 0. C. Ann. sec. 31-103.
Const. original art. VII, sec. 17.
6.
7.
Const. art. XVIII, sec. 11.
8.
L. 1882, p. 62; 1930 0. C. Ann. sec. 28-808.
9.
1913 S. L. ch. 343; 1930 0. C. Ann. sec. 31-101.
10. L. 1853, p. 53.
11.
Commissioners' Journal, vol. 1, p. 15 (old series).
GAR
139 -
District Attorney
district attorney by the voters of the county he must be a qualified attor-
ney licensed to practice law before the Supreme Court of Oregon. (12) He is
also required by law to file an oath of office. (13) No bond is required.
Compensation. The earliest appointed prosecuting attorneys were paid
by salary as were the succeeding elected prosecutors during the Provisional
period. (14) The enactment of 1848 provided for payment by salary plus
additional fees. (15) In 1853 a measure provided that the prosecuting at-
torney should be paid by the county in which his services were performed,
and that his compensation should be in fees determined by conviction or ac-
quittal in criminal cases. (16) Although in 1864 the salary of the dis-
trict attorney was fixed at $500 per year, a law of 1878 permitted the col-
lection of additional fees. (17) In 1899 the compensation of the district
attorney was fixed at a yearly salary of $4,150. (18) In 1913, when the law
provided for the election of a district attorney for each county, a measure
was enacted fixing the annual salary of the district attorney of Multnomah
County at $4,000 to be paid by the State. (19) Since 1925 his salary has
been $5,500. (20)
16. L. 1853-54, p. 44.
17.
Tenure. The term of office for the district attorney, originally fixed
by the Constitution at two years, was changed in 1899 to four years.
12. L. 1893, p. 149; 1930 0. C. Ann. sec. 31-118.
13. L. 1864, Deady, p. 821; 1930 0. C. Ann. sec. 31-121.
14. L. 1843-49, p. 71.
15.
L. 1850, p. 42.
18. L. 1899, p. 184.
19.
20.
21.
Deputies. The district attorney of Multnomah County may employ depu-
ties, special agents, and clerks. The statutes fix salary limits as paid
by the State, but provide that the county may augment the number and sala-
ries of such employees. (22) The district attorney of Multnomah County may
employ one chief deputy at an annual salary not to exceed $3,000, two dep-
uties at $2,400, one deputy at $2,100, and three deputies at $1,500. (23)
Legislation of 1939 allows in counties of over 100,000 population an addi-
tional deputy district attorney, whose salary is not to exceed $150 a month,
to prosecute juvenile cases. (24) The district attorney may also employ two
special agents and three clerks, (25) selected from the civil service list
of Multnomah County.
C
L. 1864, Deady, p. 821; L. 1878, p. 97.
S
see Board of County Commissioners, p. 87.
1927 S. L. ch. 210; 1930 0. C. Ann. sec. 31-114.
22.
23.
1927 S. L. ch. 210; 1930 0. C. Ann. sec. 31-113.
24. 1939 S. L. ch. 248.
25.
1919 S. L. ch. 101; 1930 0. C. Ann. sec. 27-2830.
(21).
1913 S. L. ch. 343.
1925 S. L. ch. 162; 1933 S. L. ch. 448; 1935 0. C. Ann. Supp.
sec. 31-113.
Const. original art. VII, sec. 17; L. 1864, Deady, p. 821;
L. 1899, p. 184; 1930 0. C. Ann. sec. 31-101; for manner of removal,
-
- 140-
District Attorney
Powers and Duties. Regulations touching the chief duties of the
district attorney in Oregon have not varied greatly since the office was
created. Although elected in each county by the voters thereof, the dis-
trict attorney is actually a State officer and receives his salary from the
State. (26) He is, however, legal representative both of the State and of
the county in which he is elected. Accordingly, he attends the terms of all
courts in the county having jurisdiction over public offenses and, as the
agent of the State charged with enforcing its laws, conducts all criminal
prosecutions. (27) He institutes proceedings before magistrates for the ar-
rest of all persons who have committed criminal offenses. (28) The district
attorney cannot prosecute a person until an indictment has been found by the
grand jury and filed with the clerk of the court in which the person is to
be tried. (29) Furthermore, the district attorney acts as legal adviser to
all county and State officials on the affairs of the county and serves as
prosecuting and defending attorney in all cases brought against the county
or in its behalf. (30)
In all divorce proceedings the district attorney is served with a copy
of the complaint and, in the defendant's absence, appears at the trial on
behalf of the State. (31)
By an enactment of 1915, the district attorney was authorized to
issue permits to certain persons to purchase or import alcohol into his
county. (32) In 1933, as a consequence of the repeal of the National Pro-
hibition Amendment to the United States Constitution, the measure of 1915
was rendered void. (33)
END
The district attorney is required to file a copy of his record of the
individual efficiency of employees of his office with the Multnomah County
civil service commission. (34)
Records. The district attorney is required by law to keep a register
of all his official business. (35) Prior to 1933, when the regulation was
repealed, the district attorney was required to keep a record of all liquor
permits. (36) He is also required to keep a record of the individual effi-
ciency of all employees of his office. (37)
26. 1913 S. L. ch. 343; 1930 0. C. Ann. sec. 31-113.
27. L. 1862, p. 232; 1930 0. C. Ann. sec. 31-104.
28. L. 1862, p. 232; 1930 0. C. Ann. sec. 31-105.
29.
30.
31.
32.
33.
34.
35.
36.
37.
L. 1862, p. 233; 1930 0. C. Ann. sec. 31-108.
1915 S. L. ch. 141; 1930 0. C. Ann. sec. 15.-109.
1933 S. L. ch. 1; U. S. Const., Amendment XXI.
1929 S. L. ch. 162; 1930 0. C. Ann. sec. 27-2912.
L. 1862, p. 232; 1930 0. C. Ann. sec. 31-111.
1915 S. L. ch. 141; 1933 S. L. ch. 1.
1929 S. L. ch. 162; 1930 0. C. Ann. sec. 27-2912.
-
Const. art. VII,
sec. 18, as amended; see 1930 0. C. Ann. sec. 13–603.
L. 1899, p. 185; 1907 S. L. ch. 246; 1925 S. L. ch. 137; 1930 0. C.
Ann. sec. 31-107.
141 -
Introduction.
The elective office of assessor was created in the Ore-
gon country by the Provisional Government in 1844. (1) As an act of the
Provisional Legislature had inconsistently prescribed that assessments
should be made by the county sheriff, (2) the apparent conflict in laws
was eliminated in 1850 by a measure directing that in each county the county
assessor's function is to serve specifically as assessor, the sheriff's to
serve as tax collector. (3)
The office of assessor in Multnomah County was established at the time
the county was organized in January 1854; however, the first assessor in
the county was not selected until the general election in June 1855. (4)
Qualifications, Oath, and Bond. The assessor is required to be a cit-
izen of the United States, a qualified elector under the Constitution, and
a resident of the county for at least one year prior to his election. (5)
He is required to take an oath of office and to furnish a bond of $5,000. (6)
Tenure. The organic laws originally fixed the term of office of the
assessor at one year. (7) A law enacted in 1864, which became effective
January 20, 1865, extended the assessor's term to two years. (8) In 1903
the period of office was fixed at four years, as it now stands in all coun-
ties in the State. (9)
Compensation. In the organic laws the salary of the assessor was
fixed at $5 for each day actually and necessarily employed in discharging
his duties. (10) The present salary of the Multnomah County assessor is
fixed at $6,000 per year. (11)
1. L. 1843-49, pp. 83, 93.
Deputies. The assessor has 46 deputies who are certified by the Mult-
nomah County civil service commission and appointed by him. One chief dep-
uty receives a salary of $290 per month; one deputy $225 per month; and 44
deputies receive salaries ranging from $100 to $180 per month. (12)
123
2.
3.
4.
XVII. ASSESSOR
LO CO
5.
L. 1864, Deady, p. 825; 1930 0. C. Ann. sec. 27-1710.
6. L. 1864, Deady, p. 826; 1930 0. C. Ann. sec. 27-1804.
L. 1843-49, pp. 83, 93.
1903 S. L. p. 181; 1930 0. C. Ann. sec. 27-1701; for manner of re-
moval, see Board of County Commissioners, p. 87
7。
9.
10.
11.
12.
L. 1843-49, p. 25.
L. 1850, pp. 227, 229.
L. 1364, p. 62; 1930 0. C. Ann. sec. 26-139. See also Commissioners'
Journal, vol. 1, pp. 11, 12 (old series).
L. 1853-54, p. 336.
1907 S. L. ch. 249; 1930 0. C. Ann. sec. 27-2827, as amended 1935
S. L. ch. 447.
1919 S. L. ch. 101; 1930 0. C. Ann. sec. 27-2830.
142
Assessor
Ex Officio Duties. The county assessor is a member of the board of
equalization. (13)
Powers and Duties. Although the essential functions of the assessor
have remained the same since the establishment of the office in 1844,
changes have been made in the procedure of carrying out his duties. Spe-
cific tasks of the assessor, which from time to time have been altered by
statute, concern chiefly his system of making records.
The law provides that the assessor make his assessments upon a blank
assessment roll furnished by the county clerk, and make his return of as-
sessments to the clerk. Upon completion of the assessment roll, the asses-
sor is required to publish for three weeks, in a newspaper of general cir-
culation in the county, a notice stating that on the last Monday in August
the board of equalization will meet to examine the assessment rolls and to
correct all errors in valuations and descriptions of property. (14)
The assessor is required to keep a list naming the owners of each
tract of land and every town lot. In compiling each year the names of the
taxpayers he must provide an index giving the names in alphabetical order.
The index contains page and line references to the assessment rolls. (15)
Furthermore, after first entering the names of taxpayers on the as-
sessment roll, the assessor gives a description of the real property taxed,
specifies the number of acres and the full cash value of each parcel of
land. He also lists taxable personal property, both its full cash value
and exemptions allowed by law. He assesses the total value of all property,
real and personal. (16)
After the assessment rolls have been completed by the assessor and cor-
rected by the board of equalization, the county clerk makes out two certif-
icates of the amounts levied on taxable property as these are apportioned
for State, county, or school purposes. One certificate is given to the
county treasurer; the other, with a transcript of the assessment roll, is
delivered to the tax collector. (17) The assessor receives two receipts
for the tax roll, one of which he retains, filing the other with the county
clerk. (18)
13.
1907 S. L. ch. 266; 1930 0. C. Ann. sec. 69-302, as amended 1933 S. L.
ch. 446; see Board of Equalization, p. 144.
14. L. 1887, p. 135; 1930 0. C. Ann. sec. 27-2016; see pp. 144, 145.
15. L. 1853-54, p. 434; 1930 0. C. Ann. sec. 69-233.
16.
L. 1864, Deady, p. 898; 1930 0. C. Ann. sec. 69-242, as amended 1935
S. L. ch. 274.
17.
18.
•
L. 1887, p. 135; 1930 0. C. Ann. sec. 27-2017.
1907 S. L. ch. 267; 1930 0. C. Ann. sec. 27-2017.
-
143
Assessor
The assessor instead of the sheriff is permitted personally to handle
the listing and collection of certain taxes and fees. He lists annually on
the assessment roll all Japanese and Chinese who have real property in the
county subject to taxation. (19) The assessor collects taxes on transit
personal property for which he keeps a stub record book of all receipts
issued. (20) According to statute, it is not the province of the county
assessor, but that of the State Tax Commission, to assess the property of
public service utilities. (21)
19.
20.
Records. The assessor of Multnomah County is required to keep the
following records: duplicate tax rolls, (22) a block book, (23) an index
to property owners, (24) a record of property transfers, (25) a record of
platted additions, (26) records of buildings in platted additions and
acreage, (27) a record of division of land, (28) building appraisals, (29)
assessable personal property, (30) confirmation of sales, (31) municipal
assessments, (32) maps and platted tracts, (33) a record of property in
charge of Japanese and Chinese, (34) assessments on ocean-going vessels,
(35) soldiers' tax exemptions, (36) and record of tax distribution. (37)
36.
37.
1909 S. L. ch. 218;
1930 0. C. Ann. sec. 69-404.
21.
22.
1907 S. L. ch. 258; 1930 0. C. Ann. sec. 69-233; L. 1854, p. 629.
23.
L. 1854, Deady, p. 629;
24. L. 1854, Deady, p. 629;
25. L. 1854, Deady, p. 629;
26.
L. 1854, Deady, p. 629;
27.
L. 1854, Deady, p. 629;
28. L. 1854, Deady, p. 629;
29. L. 1854, Deady, p. 629;
30. L. 1854, Deady, p. 895;
31.
L. 1862, Deady, p. 293;
32. L. 1893, p. 116; 1930 0. C. Ann. sec. 69-251.
33.
34.
35.
1923 S. L. ch. 54; 1930 0. C. Ann. sec. 69-257.
1907 S. L. ch. 267; 1913 S. L. ch. 147; 1950 0. C. Ann. secs. 69-723,
69-727.
1927 S. L.
1927 S. L.
1927 S. L.
1927 S. L. ch. 426; 1930 0. C. Ann. sec. 69-233.
ch. 426; 1930 0. C. Ann. sec. 69-233.
ch. 426; 1930 0. C. Ann. sec. 69-233.
ch. 426; 1930 0. C. Ann. sec. 69-233.
1927 S. L. ch. 426; 1930 0. C. Ann. sec. 69-233.
1927 S. I.. ch. 426; 1930 0. C. Ann. sec. 69-233.
1927 S. L. ch. 426; 1930 0. C. Ann. sec. 69-233.
1930 0. C. Ann. sec. 69-203.
1930 0. C. Ann. sec. 3-409.
L. 1854, Deady, p. 629; 1930 0. C. Ann. sec. 69-233.
1923 S. L. ch. 54; 1930 C. C. Ann. sec. 69-257.
1925 S. L. ch. 258; 1930 0. C. Ann. sec. 69-207, as amended 1935 S. L.
ch. 82.
L.
1921 S. L. ch. 165; 1930 0. C. Ann. sec. 69-107, as amended 1937 S.
ch. 34.
1907 S. L. ch. 264; 1930 0. C. Ann. sec. 69-225, as amended 1935 S. L.
ch. 71.
144.
Introduction. As prescribed in the enabling act passed by the Terri-
torial Legislature in 1854, the county board of equalization in Oregon was
originally composed of the assessor, auditor, and county judge. (1) In
a succeeding law of the same year, the county court was given the power to
make necessary changes in description of property on the assessment rolls,
but not to equalize taxes. (2) In 1870 the Legislature provided that the
board of equalization be composed of the county clerk, the assessor, and
the county judge acting together in their ex officio capacities. (3)
In Multnomah County the board of equalization was created in 1871. (4)
Under the law of 1907, the county judge served as president of the board and
the county clerk as its secretary. (5)
When the office of county judge of Multnomah County was abolished in
1913, all probate matters were placed under the jurisdiction of the circuit
court, and the probate judge became an ex officio member of the board of
equalization. (6)
Oath. Before the board examines and equalizes the assessment rolls,
each member is required to take an oath that he will faithfully and honestly
perform all duties of the board as defined by statute, the oath to be filed
with the county clerk. (7)
XVIII. BOARD OF EQUALIZATION
144
Powers and Duties. Not only as an administrative, but in some sense
also as a quasi-judicial body, the board of equalization, acting under statu-
tory regulations, has power to increase or decrease the valuation of property
to its just or actual cash value, and to assess taxable property which has
been omitted. (8)
In Multnomah County, after the assessment roll has been completed and
returned to the county clerk, the assessor is required to give three weeks'
public notice in some newspaper to the effect that on the last Monday in
August the board of equalization will publicly examine the assessment roll
to correct all errors. (9)
As prescribed in an act of 1925, if the assessor fails to give the re-
quired three weeks' notice, he must make public announcement during the first
1. L. 1853-54, p. 417.
2.
L. 1853-54, p. 436; 1930 0. C. Ann. sec. 69-307.
3. L. 1870, pp. 52, 53; 1930 0. C. Ann. sec.
4.
LO CO
6.
7
5. 1907 S. L. ch. 266; 1930 0. C. Ann. sec. 69-302.
1913 S. L. ch. 378; 1930 0. C. Ann. sec. 28-837.
1907 S. L. ch. 266; 1930 0. C. Ann. sec. 69-303.
1907 S. L. ch. 266; 1930 0. C. Ann. sec. 69-304.
L. 1887, p. 135; 1930 0. C. Ann. sec. 27-2016.
8.
9.
sec. 69-302.
L. 1870, pp. 52, 53; 1930 0. C. Ann. sec. 69-302; Commissioners'
Journal, vol. 1, p. 764, Oct. 2, 1871 (old series).
W
145 -
Board of Equalization
week in June that the board will meet ten days later to correct errors
of valuation of the following year. (10)
Before the board of equalization may increase the valuation of any
property, it is required to give five days' notice to the owner to appear
and show cause why the valuation should not be increased. (11) All peti-
tions requesting reduction in valuation on the assessment rolls are re-
quired to be submitted in writing. (12) Originally, if the board sitting
from day to day did not within one month complete its examination of the
rolls, then the county court had power to complete the review. (13) Since
1907, however, the law has granted the board latitude to deem the balance
of the assessment rolls as complete even when the board has not completed
its work by the end of one month. (14)
State Tax Commission. In 1909, a State Tax Commission was created in
Oregon to serve, in part, as a body of appeal from the decisions of the
board of equalization. (15) The State Tax Commission is also authorized to
construe for interested persons the State tax laws and to instruct county
assessors, tax collectors, county clerks, and boards of equalization how
best to achieve uniformity in the matter of assessment and the collection
of taxes. (16) The State Tax Commission also handles the assessment of the
property of corporations engaged in interstate commerce, such as railroads.
Appeals. Although formerly an appeal from the decision of the board
of equalization could be made to the circuit court, (17) it has been the
duty of the State Tax Commission since 1929 to hear appeals from the county
equalization board. (18) Appeals from the determinations of the State Tax
Commission may be made to the circuit court. (19)
Records. The board of equalization in Multnomah County is required
by statute to record its qualifications, meetings, and adjournments in the
County Commissioners' Journal. (20) The board also keeps original petitions
for reduction of assessments.
10. 1925 S. L. ch. 60; 1930 0. C. Ann. sec. 69-310.
1907 S. L. ch. 266; 1930 0. C. Ann. sec. 69-305.
L. 1870, p. 53.
11.
12.
13.
L. 1870, p. 53; 1930 0. C. Ann. sec. 69-305.
14.
1907 S. L. ch. 266; 1930 0. C. Ann. sec. 69-306.
15.
1909 S. L. ch. 218; 1930 0. C. Ann. sec. 69-401. For an account of
State boards of equalization which existed from 1872 to 1898 see
History of State Administration in Oregon, 1843-1937, Oregon State
Planning Board, 1939, pp. 55, 61, 65.
1909 S. L. ch. 218; 1930 0. C. Ann. sec. 69-404.
1930 0. C. Ann. sec. 69-309.
1930 0. C. Ann. sec. 69-506.
1930 0. C. Ann. sec. 69-422.
1930 0. C. Ann. sec. 69-307.
16.
17. 1907 S. L. ch. 266;
18. 1929 S. L. ch. 465;
19. 1909 S. L. ch. 218;
1907 S. L. ch. 266;
20.
146
XIX. TAX SUPERVISING AND CONSERVATION COMMISSION
Introduction. The tax supervising and conservation commission for
Multnomah County was created in 1919. (1) It consists of three members
who are appointed by the Governor for a term of three years and who serve
without compensation. (2) The commissioners must be citizens of the
United States and of the State of Oregon, taxpayers in Multnomah County,
and registered electors therein. (3)
The county commissioners furnish to the commission an office in the
county courthouse. (4) The commission has power to hire and fix the sala-
ries of its clerks, provided the sum expended does not exceed $10,000 per
year. Such funds are paid out of the general fund of the county. (5)
C
Powers and Duties. It was not until 1921 that the commission was given
powers other than advisory in nature. (6) It is the duty of the tax super-
vising and conservation commission to compile accurate statistical and other
information as to the bonded or other indebtedness of the county, and of all
municipal corporations. (7) This information is kept as a permanent record
of the organization. The commission is also authorized to receive from any
public official or municipal corporation a complete statement of money ex-
pended by them for any fiscal year. (8)
The levying boards of all municipal corporations annually submit to
the commission their detailed estimates of the annual budget deemed neces-
sary to be expended for the fiscal year. These budget estimates are filed
in writing, certified under oath to be correct, showing each item of expend-
iture and an estimate of probable receipts other than a direct tax levy and
bond issues. (9)
From 1921 until 1936 the tax supervision and conservation commission
had the power to approve, reject, or reduce the budget estimates made by
the several county officials or municipal corporations. (10) It also had
the power to direct the several levying boards in the county to levy a tax
upon all real and personal property subject to assessment and taxation for
the purpose of meeting the necessary expenditures. (11) These decisions
were entered upon the records of the commission and certified copies filed
1. 1919 S. L. ch. 375
2.
1921 S. L. ch. 208; 1930 0. C. Ann. secs. 69-1203, 69-1204.
3.
1921 S. L. ch. 208;
4. 1921 S. L. ch. 208;
5. 1921 S. L. ch. 208;
6. 1921 S. L. ch. 208;
7. 1921 S. L. ch. 208;
8. 1921 S. L. ch. 208;
9.
1921 S. L. ch. 208;
10. 1921 S. L. ch. 208;
11. 1921 S. L. ch. 208;
1930 0. C. Ann. sec. 69-1204.
1930 0. C. Ann. sec. 69-1204.
1930 0. C. Ann. sec. 69-1204.
1930 0. C. Ann. sec. 69-1203.
1930 0. C. Ann. sec. 69-1205.
1930 0. C. Ann. sec. 69-1205.
1930 0. C. Ann. sec. 69-1206.
1935 0. C. Ann. Supp. sec. 69-1206.
1935 0. C. Ann. Supp. sec. 69-1207.
147 ·
Tax Collector
with the county clerk and county assessor. (12) Failure of any municipal
corporation to comply with the demands of the commission resulted in a fine
of $50 a day for each day of such failure. (13)
In July 1936 the Supreme Court handed down a decision which greatly
reduced the powers of the commission. (14) The constitutionality of the
powers of the commission to change tax figures was questioned, with the
result that the commission now acts in this respect only in an advisory
capacity. (15)
Records. In its present capacity the commission must make a complete
report of the budgets as presented by the several levying boards and of
all other information pertaining to the administration of government in
the county and the expenditure of public funds. (16) These reports are
made annually and filed with the Governor and the county commissioners.
copy is also kept in the office of the commission for the information of
the voters. (17)
A
XX. TAX COLLECTOR
Introduction. Under the law of the Provisional Government, the sheriff
was designated in 1845 to act as ex officio tax collector. (1) The Consti-
tution does not specify that the sheriff act as tax collector, but statutory
provisions for this ex officio function of the sheriff remain in effect. (2)
The first sheriff of Multnomah County was appointed by the Governor upon the
creation of the county in 1854. (3)
3.
4.
The qualifications, term, and salary for the tax collector have been
listed in the separate essay on the county sheriff. In his capacity as tax
collector of Multnomah County the sheriff is required to furnish a bond of
$100,000. (4) There are 36 deputies in the tax collection department who
receive salaries ranging from $100 to $225 per month. These deputies are
selected from the civil service rolls of the county.
12. 1921 S. L. ch. 208; 1935 0. C. Ann. Supp. sec. 69-1207.
13. 1933 S. L. Sp. S. ch. 50; 1935 0. C. Ann. Supp. sec. 69-1210.
14. 154 Or. 289.
15.
Ibid.
16. 1921 S. L. ch. 208; 1930 0. C. Ann. sec. 69-1214.
17. 1921 S. L. ch. 208; 1930 0. C. Ann. sec. 69-1214.
1. L. 1843-49, p. 25.
2.
L. 1843-49, p. 25; 1907 S. L. ch. 267; 1913 S. L. ch. 184; 1930 0. C.
Ann. secs. 69-701, 69-702; see Sheriff, p. 129.
R
L. 1854, p. 29.
1907 S. L. ch. 267; 1930 0. C. Ann. sec. 69-703; 1919 S. L. ch. 101;
1930 0. C. Ann. sec. 27-2830.
148
Tax Collector
Tax Law. The law at present provides that property shall be assessed
and taxed each year with respect to its status at the hour of 1 a.m. on
March 1. (5) When the assessment has been completed, the assessor turns
over the assessment roll to the tax collector. (6) Taxes are payable by
installments as follows: the first quarter of all taxes levied and charged
on any separate parcel of real property or the personal property of any
owner as appearing on the tax roll shall be paid on or before March 15 next
following: the second quarter June 15; the third quarter September 15; and
the last quarter December 15. Any and all taxes not paid by December 15
become delinquent. (7)
Tax Delinquency.
As soon as practicable after taxes become delinquent,
the tax collector is required to send to each owner of record, as shown by
the tax roll, a written notice of delinquency. (8)
After the expiration of three years from the earliest date of delin-
quency the tax collector must issue immediately a certificate of delinquency
and file the certificate with the county clerk. With the aid of the dis-
trict attorney, he must then proceed to foreclose on the property in the
name of the county. (9) In all foreclosure proceedings by the county,
notice is given exclusively by publication in some newspaper of general
circulation in the county. (10)
It is further required that the tax collector, as soon as possible
after the date of delinquency, make a true and correct transcript of those
parts of the tax roll relating to all properties, both real and personal,
on which taxes are unpaid and delinquent. This record is known as the de-
linquent tax roll and is prepared in such a manner as to afford convenience
for an annual audit. (11)
5.
Powers and Duties.
The tax collector receives and gives receipt for
all moneys and warrants collected by him for taxes and indicates on the tax
roll the date of payment. He keeps stub receipt books showing dates and
amounts paid. (12) He is further required on the last business day of each
week to make a settlement with the county treasurer and to pay over to the
treasurer all tax moneys and warrants collected. He receives from the
6.
7.
8.
9.
10.
11.
-
12.
L. 1853-54, p. 432; 1930 0. C. Ann. sec. 69-101, as amended 1937 S. L.
ch. 351.
L. 1853-54, p. 437;
1907 S. L. ch. 267;
ch. 389.
1919 S. L. ch. 1; 1930 0. C. Ann. sec. 69-738.
L.
1907 S. L. ch. 267; 1930 0. C. Ann. sec. 69-816, as amended 1937 S.
ch. 470.
1907 S. L. ch. 267; 1930 0. C. Ann. sec. 59-816, as amended 1937 S. L.
ch. 470.
1930 0. C. Ann. sec. 69-704.
1930 0. C. Ann. sec. 69-720, as amended 1937 S. L.
1929 S. L. ch. 198; 1930 0. C. Ann. sec. 69-706, as amended 1935 S. L.
ch. 305.
1907 S. L. ch. 267; 1930 0. C. Ann. sec. 69-714, as amended 1935 S. L.
ch. 305.
149
Treasurer
treasurer duplicate receipts, one of which he keeps, the other being filed
with the county clerk. (13) The statutes have always provided that moneys
collected by the tax collector be paid over to the county treasurer. (14)
Semiannually he files a report of the business of his office with the
county clerk (15) and also furnishes weekly statements to the clerk show-
ing the financial condition of his office. (16)
Records. The tax collector is required to keep the following records:
a tax roll for real property and personal property, (17) a delinquent tax
roll, (18) an annual record of delinquent tax returns, (19) delinquent
tax notices, (20) certificates of delinquent taxes. (21) He also keeps
a collection register of all tax income passing through his hands. (22)
13.
14.
15.
16.
17.
18.
19.
XXI.
Introduction. In 1841, when the settlers met to formulate laws and to
elect officers, no provision was made for the office of treasurer.
20.
21.
However, early in 1843, at one of the so-called Wolf Meetings, a tem-
porary treasurer was chosen to receive funds and dispense them as payment
for bounties on wolves, bears, and panthers. (1)
and panthers. (1) Under the organic laws
of 1843 a treasurer was elected to receive all moneys accruing to the Terri-
tory and to keep a record of all receipts and disbursements. (2)
22.
}
1.
1
ŝ
TREASURER
A
1909 S. L. ch. 267; 1930 0. C. Ann. sec. 69-711, as amended 1935 S. L.
ch. 305.
1919 S. L. ch. 1; 1930 0. C. Ann. sec. 69-738.
L.
1907 S. L. ch. 267; 1930 0. C. Ann. sec. 69-801, as amended 1935 S.
ch. 56.
1917 S. L. ch. 198; 1930 0. C. Ann. sec. 69-714, as amended 1935 S. L.
ch. 305.
Ar. p. 9; see also C. H. Carey, A General History of Oregon, Metropol-
itan Press, Portland, Ore., 1935, vol. I, p. 327.
2. Ar. p. 30.
L. 1843-49, p. 26; 1930 0. C. Ann. sec. 69-711.
L. 1887, p. 7; 1930 0. C. Ann. sec. 27-520.
1909 S. L. ch. 267; 1930 0. C. Ann. sec. 69-711.
L. 1854, Deady, pp. 878, 897; 1930 0. C. Ann. sec. 69-242, as amended
1935 S. L. ch. 274.
1929 S. L. ch. 198; 1930 0. C. Ann. sec. 69-706.
1907 S. L. ch. 267; 1930 0. C. Ann. sec. 69-734, as amended 1935 S. L.
ch. 305.
-
150 -
Treasurer
During the early period of the Provisional Government district treas-
urers performed fiscal duties (3) which were transferred later to county
treasurers under the Oregon Territory. (4) Further provision was made for
the office of treasurer when the Constitution was adopted in 1859. (5)
Manner of Selection. When Multnomah County was created in 1854 the
Legislature appointed the first treasurer, who held office until the gen-
eral election in June 1855. (6) Since that year the office has been regu-
larly elective.
Qualifications, Oath, and Bond. The county treasurer is required by
law to be a citizen of the United States, a qualified elector under the
Constitution, and a resident of the county for at least one year prior to
his election. (7) He is required to take an oath of office and give a bond
of not more than $100,000, the amount to be fixed by the board of county
commissioners. (8)
Tenure. Although the Constitution fixed the elective term of the
treasurer at two years, an amendment enacted in 1920 increased the term of
office to four years. (9)
Compensation. Originally fixed on a fee basis, the salary of the
treasurer of Multnomah County at present is $3,600 per year. (10)
3.
4.
Powers and Duties. Certain basic duties of the treasurer have remained
unchanged since 1854. (11) The present duties of the treasurer are: to re-
ceive and disburse all moneys of the county; (12) to pay all orders of the
auditor; (13) to deposit with the auditor all redeemed county orders; (14)
to issue peddlers' licenses and keep a record of all such licenses; (15) to
keep the funds of deceased persons for one year and, if the heirs have not
applied for the funds by that time, to turn them over to the escheat fund
of the state; (16) to receive forfeited bail; (17) and to take custody of
all irrigation funds. (18)
5.
6. L. 1854, p. 29.
7.
8.
9.
10.
11.
12.
13.
L. 1843-49, p. 29.
L. 1843-49, p. 200.
Const. art. VI, sec. 6.
14.
1930 0. C. Ann. sec. 27-1710.
L. 1864, Deady, p. 825;
L. 1864, Deady, p. 826;
Const. art. VI, sec. 6,
1930 0. C. Ann. secs. 27-1711, 27-1724.
as amended 1920.
1935 S. L. ch. 447; for manner of removal, see Board of Commissioners,
p. 87.
L. 1853-54, p. 422; 1930 0. C. Ann. sec. 27-1714.
L. 1853-54, p. 422; 1930 0. C. Ann. sec. 27-1714.
L. 1901, p. 163; 1903 S. L. p. 95, sec. 1; 1929 S. L. ch. 94, p. 66;
1930 0. C. Ann. sec. 27-2207.
1929 S. L. ch. 94; 1930 0. C. Ann. sec. 27-1720, as amended 1935
S. L. ch. 197.
1909 S. L. ch. 229; 1930 0. C. Ann. sec. 27-3403.
1909 S. L. ch. 26; 1930 0. C. Ann. sec. 11-809.
15.
16.
17. L. 1864, Deady, p. 491; 1930 0. C. Ann. sec. 13-1342.
18.
L. 1895, p. 18; 1930 0.
C. Ann. sec. 48-201.
- 151.
Superintendent of Schools
The county treasurer is required to file a monthly statement with the
board of county commissioners before the tenth day of each month showing
the amount of cash on hand in his custody as county treasurer and the names
of the banks in which county funds are deposited, indicating the amounts
deposited in each bank, and the security furnished to cover such deposits.
(19) A statement of the amount of the amount of outstanding warrant indebt-
edness of the county is also included. (20)
The treasurer so arranges and keeps his books that the amount received
and paid out, on account of separate and distinct funds or separate appro-
This information is also
priations, are exhibited in separate accounts.
shown in one general account. (21) At all times the books of the county
treasurer are subject to inspection by the board of county commissioners or
by the auditor of Multnomah County. (22)
It is the duty of the county treasurer to pay all orders drawn by the
auditor, if there is money in the treasury for that purpose; also to write
on the face of the order the date of redemption and his signature. (23) He
is further required to make an annual settlement at the regular January
term of the board of county commissioners and, at the expiration of his
term, to deliver to his successor all public money, books, and papers in
his possession. (24)
Records. The treasurer of Multnomah County is required by law to keep
the following records: receipts and disbursements of all accounts in his
office, (25) a register of bonds issued for the erection of schools, (26)
peddlers' licenses, (27) a record of paying orders of the county clerk, (28)
receipts for deposits of orders with the county clerk, (29) and tax collec-
tor's weekly reports. (30)
Introduction. At the time that the common school system was created
by the Territorial Legislature in 1850, that body reserved to itself the
24.
25.
26.
27.
28.
XXII. SUPERINTENDENT OF SCHOOLS
19. 1921 S. L. ch. 225; 1930 0. C. Ann. sec. 27-1715.
20.
1921 S. L. ch. 225; 1930 0. C. Ann. sec. 27-1715.
21.
L. 1854, Deady, p. 929; 1930 0. C. Ann. sec. 27-1718.
22.
L. 1854, Deady, r. 929; 1930 0. C. Ann. sec. 27-1719.
23.
L. 1901, p. 163; L. 1903, p. 95; 1929 S. L. ch. 94; 1930 0. C. Ann.
sec. 27-2207.
29.
30.
L. 1854, Deady, p. 930; 1930 0. C. Ann. sec. 27-1726.
Ar. p. 30; L. 1853-54, p. 422; 1930 0. C. Ann. sec. 27-1718.
1913 S. L. ch. 172; 1930 0. C. Ann. secs. 35-2003, 35-2004.
1909 S. L. ch. 229; 1930 0. C. Ann. secs. 27-3403, 27-3404.
L. 1853-54, p. 422;
L. 1853-54, p. 422;
1909 S. L. ch. 267; 1930 0. C. Ann. sec. 69-711.
1930 0. C. Ann. sec. 27-1720.
1930 0. C. Ann. sec. 27-1723.
ON
152.
Superintendent of Schools
right to elect, triennially, a superintendent of common schools, with juris-
diction extending to all public schools in the Territory of Oregon. (1)
(1juris-
This enactment provided for the election in each county of a school
commissioner, whose duty it was to receive and record the reports from the
various schools in his county, and to forward these reports to the Territo-
rial superintendent of common schools. (2)
In 1851, however, the office of superintendent of common schools was
abolished, and his authority turned over to the county courts of the vari-
ous counties, (3) which continued to supervise education until the office
of county superintendent of schools was established in 1854. (4) The first
county school superintendent in Multnomah County was appointed by the Leg-
islature in 1854 to serve until the next general election. (5)
Qualifications. The county school superintendent is required to have
had not less than 27 months of actual teaching in the public schools,
12 months of which must have been in Oregon, within the three years immedi-
ately preceding his election. He must hold a certificate based upon gradu-
ation from a standard normal school, standard university, or standard col-
lege, or be the holder of a life certificate entitling him to teach in all
grades of the public elementary schools and the public high schools of
Oregon. (6)
1.
2.
Oath of Office. On or before the first Monday in August, the superin-
tendent-elect is required to take an oath to support the Constitutions of
the United States and of the State of Oregon and to perform faithfully the
duties required of him. The oath must be in writing, subscribed and filed
with the county clerk. (7)
123)
Bond. Before he takes office, the county superintendent of schools is
required to furnish a bond the amount of which is fixed by the county com-
missioners. (8) The superintendent of schools of Multnomah County posts a
bond of $1,000. (9)
3.
Compensation. At present, the salary of the county school superin-
tendent of Multnomah County is fixed at $3,600 per year. He is also allowed
necessary traveling expenses. (10)
Q
7.
8.
9.
10.
WILD
L. 1850 (including L. 1851), p. 68.
L. 1850 (including L. 1851), p. 68.
L. 1850 (including L. 1851), p. 76.
4. L. 1853-54, p. 423.
5. L. 1854, p. 42.
5.
L. 1899, p. 215; 1930 0. C. Ann. sec. 35-401; for manner of removal,
see Board of County Commissioners, p. 87.
L. 1899, p. 216; 1930 0. C. Ann. sec. 35-402.
L. 1899, p. 216; 1930 0. C. Ann. sec. 35-403.
L. 1899, p. 216; 1930 0. C. Ann. sec. 35-403.
1907 S. L. ch. 249; 1930 0. C. Ann. sec. 27-2827.
-
153
Superintendent of Schools
Assistant Superintendent. In Multnomah County the school superintend-
ent has an assistant who is appointed by the county commissioners for an
indefinite term; his salary is $1,200 per year. (11)
Ex Officio Duties. The county school superintendent is an ex officio
member of and secretary to the district boundary board. (12)
Powers and Duties. It is the superintendent's duty to visit each
school within his county at least once each year, and to make suggestions
to the board of directors of the districts regarding proper methods of
school administration. (13) He is required to aid teachers in their work
of teaching and conducting their schools, (14) to arouse in parents and
children a greater interest in the public schools, and to promote improved
attendance, deportment, and scholarship. (15) He is also required to ob-
serve and note the condition of schoolhouses and school property and to in-
form school directors of defects therein. (16) A further duty is to hear,
examine, and decide appeals from district officers and teachers. (17) De-
cisions made in such cases are subject to appeal to the State Superintend-
ent of Public Instruction. (18) In matters pertaining to the construction,
heating, and ventilation of the buildings, the improvement of grounds, or
in questions involving methods of instruction and discipline, it is the
duty of the county school superintendent to advise and consult with the
district boards of directors. (19)
The superintendent conducts annually a teachers' institute, which the
teachers are required to attend, lasting not less than one day nor more
than two days. (20) Among his other duties are the following: to enforce
the course of study prescribed by law, (21) to make special reports to the
State Superintendent of Public Instruction, (22) to examine the reports of
district school clerks, (23) and to report to the State Superintendent of
Public Instruction all blind persons and deaf mutes within his county who
are between the ages of 5 and 25 years. (24)
Records. The records which the county school superintendent is re-
quired to keep include: an annual school census, (25) bonds of district
22.
23.
24.
25.
11. 1919 S. L. ch. 101; 1930 0. C. Ann. sec. 27-2830.
12. 1907 S. L. ch. 116; 1930 0. C. Ann. sec. 35-601.
13. 1907 S. L. ch. 116; 1930 0. C. Ann. sec. 35-405.
14. 1907 S. L. ch. 116; 1930 0. C. Ann. sec. 35-405.
15. 1907 S. L. ch. 116; 1930 0. C. Ann. sec. 35-406.
16. 1907 S. L. ch. 116; 1930 0. C. Ann. sec. 35-406.
17. 1907 S. L. ch. 116; 1930 0. C. Arn. sec. 35-407.
18.
19.
20.
21.
1907 S. L. ch. 116; 1930 0. C. Ann. sec. 35-407.
1907 S. L. ch. 116; 1930 0. C. Ann. sec. 35-411.
1907 S. L. ch. 116; 1930 0. C. Ann. sec. 35-413.
1907 S. L. ch. 116; 1930 0. C. Ann. sec. 35-408.
1907 S. L. ch. 115; 1930 C. C. Ann. sec. 35-410.
1907 S. L. ch. 116; 1930 0. C. Ann. sec. 35-415.
L. 1899, p. 222; 1930 0. C. Ann. sec. 35-416.
1907 S. L. ch. 116; 1930 0. C. Ann. sec. 35-1207.
GULA
- 154.
District Boundary Board
clerks, (26) duplicates of annual reports to the State Superintendent of
Public Instruction, (27) clerks' annual reports, (28) monthly reports of
teachers and principals of schools, (29) a register of teachers' certifi-
cates and diplomas, (30) a register of teachers' contracts, (31) eighth
grade reports of pupils in second-class and third-class districts, (32)
annual school district budgets, (33) annual reports of audits of school
districts, (34) a record of apportionment of funds to school districts, (35)
and a plat of the school districts of the county. (36)
Introduction. The district boundary board was created by an act of the
Legislature in 1899. (1) Prior to that time it was the duty of the county
school superintendent to designate and to alter school district boundaries
in the county. (2)
As specified in the original enactment the board was composed of the
members of the county court and the county school superintendent, the
county judge sorving as ex officio chairman and the school superintendent
as secretary of the board. (3) Since 1913 the board has been composed of
the board of commissioners and the school superintendent. Fotitions for
boundary changes were presented to the district boundary board of Multnomah
County in August 1901. (4)
Powers and Duties. The board has power to divide the county into con-
venient school districts and to make changes and alterations in districts
when petitioned to do so. (5)
32.
33.
34.
26. L. 1901, p. 54; 1930 0. C. Ann. sec. 35-1201.
27. 1907 S. L. ch. 116; 1930 0. C. Ann. sec. 35-418.
28. 1907 S. L. ch. 116; 1930 0. C. Ann. sec. 35-1204.
29. 1907 S. L. ch. 116; 1930 0. C. Ann. sec. 35-418.
30. 1919 S. L. ch. 116; 1930 0. C. Ann. sec. 35-419.
1919 S. L. ch. 79; 1930 0. C. Ann. sec. 35-419.
1905 S. L. ch. 75; 1930 0. C. Ann. sec. 35-2805.
L. 1901, p. 41; 1930 0. C. Ann. sec. 35-1009.
1915 S. L. ch. 116; 1930 0. C. Ann. sec. 35-1209
31.
35. 1907 S. L. ch. 116; 1930 0. C. Ann. sec. 35-1803 to 35-1809.
36.
1907 S. L. ch. 116; 1930 0. C. Ann. sec. 35-417.
1.
2 •
L. 1899, p. 226; 1930 0. C. Ann. sec. 35-601.
L. 1864, Deady, p. 365.
L. 1899, p. 226; 1930 0. C. Ann. sec. 35-601.
School Superintendent's Files, 1901.
L. 1899, p. 226; 1930 0. C. Ann. sec. 35-601.
23
XXIII. DISTRICT BOUNDARY BOARD
3.
4.
5.
***
155.
District Boundary Board
In laying out new districts, or in changing old boundaries, the board
keeps all the property contained in a single city or village within a
single district unit. However, the boundary board may include in the new
district territory which is not within the corporate limits of the commu-
nity. (6)
The
When a district ceases to maintain a school for two years, or when
a district ceases to have at least six children of school age for a like
period, all funds in the hands of the district clerk or board of directors
of the district are turned over to the county treasurer and the boundary
board takes charge of schoolhouses and other property of the district.
treasurer and the boundary board have custody of the funds and property for
a period of three years, and if during that time the district again main-
tains a public school, funds and other property are surrendered to the legal
directors of the district. In the event that the school is not reopened
within three years, the boundary board is authorized to sell at public auc-
tion the school property of the district and to apply the proceeds to the
payment of any debts of the district; any sum in excess of the payment is
credited to the county school fund. If the proceeds of the auction are in-
sufficient to pay off the indebtedness of the district, the board has author-
ity to levy a tax on all taxable property within the district to satisfy
all obligations excepting bonded indebtedness. (7)
Upon the written request of the board of directors of a district, the
board may institute condemnation proceedings to acquire real property for
school sites or for other school purposes. In case of legal controversy,
the district attorney acts as attorney for the boundary board in all pro-
ceedings in the circuit court, as in all other cases in which the State or
the county are the parties interested. (8)
Meetings of the district boundary board are held in the office of the
county school superintendent.
Records. The law requires the board to keep records of the boundaries
and numbers of the various school districts. (9) In Multnomah County these
records are kept in the office of the county school superintendent.
6.
1907 S. L. ch. 116; 1930 0. C. Ann. sec. 35-603.
7 1907 S. L. ch. 116; 1930 0. C. Ann. sec. 35–604.
8.
1905 S. L. ch.
61; 1930 0. C. Ann. sec. 35-605.
L. 1899, p. 216; 1930 0. C. Ann. sec. 35-601.
9.
gy
156
The Library Association of Portland was organized in 1864 as a sub-
scription library, the use of which was restricted to its members. Member-
ship dues, augmented from time to time by monetary donations, enabled the
association to continue as a private organization until 1902. (1) At pres-
ent the Library Association of Portland is a corporation, a nonprofit or-
ganization, the activities of which are supervised by a board of directors
consisting of ten members. The three county commissioners are ex officio
members of the board.
S
In 1901 a legislative enactment authorized the city of Portland to
levy a tax of one-fifth mill for the maintenance of a public library. (2)
Accordingly, in 1902 the facilities of the Library Association of Portland
were made free to the public. (3) The first full year as a free public li-
brary showed a total circulation of almost three times that of the final
year as a subscription library. (4) The increase in circulation made in-
come from the city tax alone entirely inadequate, and in 1903 the Legisla-
ture provided that the county should levy a tax of one-fifth of a mill for
library maintenance. (5) Pursuant to this act, a contract was drawn up be-
tween Multnomah County and the Library Association of Portland, whereby, in
consideration of the regular levy and payment of funds to the Library Asso-
ciation, the people of Multnomah County were given free use of the library
for ten years. (6) New contracts were subsequently made in 1911 and 1920.
1.
2.
VD + WO
In 1911 the Legislature authorized for Multnomah County a special levy
of one and one-half mills to establish "A Public Library building fund." (7)
The association sold the property it was then occupying and purchased the
site of the present main library. This property was deeded to the county,
and a new building was erected thereon from the proceeds of the special
levy. Upon completion the building was turned over to the association "to
operate as long as it maintains a public library." Thus, the public became
the owner of the land and building, the association having contributed the
land and the public the building. (8)
3.
XXIV. LIBRARY ASSOCIATION
In 1911 the Library Association received from The Carnegie Foundation
$105,000 for the purpose of establishing three branch libraries, and in 1912
an additional $60,000 for five smaller branches was granted by the same
source. (9)
4.
5.
BANG
S
Library Association of Portland, Annual Report, 1938, p. 30.
L. 1901, p. 19.
Library Association of Fortland, Annual Report, 1938, p. 30.
Ibid., p. 40.
S. L. 1903, p. 5.
BADAVIA AD
C
6.
Commissioners' Journal, vol. 23, pp. 440-443.
7. 1911 S. L. ch. 117.
8.
Library Association of Portland, Annual Report, 1938, p. 43.
Ibid.
Coas
9.
• 4
157 -
County Agricultural Agent
The contract of 1920 for an indeterminate period provided for the
levying and collection of a tax of one mill for the maintenance of the
library (10) as authorized by law in 1919. (11) There are at present
17 branch libraries in operation within the city of Portland. (12)
The association maintains libraries in both high schools and grade
schools within the county, and furnishes library service to various reading
rooms, deposit stations, hospitals, and institutions. A library truck fur-
nishes service to outlying rural districts. (13)
The contract of 1903 between Multnomah County and the Library Associ-
ation of Portland provides that the board of directors of the association,
on or before January 15 of each year, shall make a report to the county
commissioners for the previous year ending December 31. The report is
required to show the disposition of the sums of money received from the
county library fund and from all other sources, the number of books on
hand, the number of books added during the year, and other statistics of
general interest. (14) These provisions regarding reports have been re-
Since 1911 the county commissioners have
been ex officio members of the board of directors. (15)
tained in the later contracts.
The association publishes annually a printed report of its activities
and financial condition.
XXV. COUNTY AGRICULTURAL AGENT
Introduction. A legislative act of 1913 authorized the county courts
of the various counties to appoint a county agricultural agent for an in-
definite term. (1) In Multnomah County an appointment to this office was
first made in 1916. (2)
Qualifications. The law specifies that the county agricultural agent
must be an agricultural and horticultural expert. (3) There are no resi-
dence requirements for this office.
Compensation. The statute provides that the county court may assess,
2.
3.
10.
Commissioners' Journal, vol. 13, pp. 96, 97 (new series).
11. 1919 S. L. ch. 357; 1930 0. C. Ann. sec. 35-4425.
Library Association of Portland, Annual Report, 1938, p. 7.
12.
13.
14.
Ibid.
15.
1.
Commissioners' Journal, vol. 23, pp. 440-443, Jan. 31, 1903 (old series).
Bond Book No. 2, p. 103.
1913 S. L. ch. 134; 1930 0. C. Ann. secs. 18-1101, 18-1103.
Commissioners' Journal, vol. 6, p. 325 (new series).
1913 S. L. ch. 134; 1930 0. C. Am. sec. 13-1103.
158.
County Agricultural Agent
levy, and collect taxes, not to exceed one-half mill on each dollar of the
assessed valuation of the taxable property of the county, (4) to be used as
a special fund for employing experts to study and investigate agricultural
problems. (5) However, the county agent is paid jointly by the Federal,
State and county governments; the funds contributed by the county are used
in defraying travel expenses of the agricultural agent and the cost of
supplies.
Smith-Lever Act. In order to encourage improved agricultural methods
throughout the nation, Congress in 1914 passed the Smith-Lever Act, provid-
ing for cooperative agricultural extension work in the rural areas of the
several states. It was provided that the Federal Government and the State
should share equally in the expense of this work. (6) Under the provisions
of this law, the county agricultural agent works under the direction of the
United States Department of Agriculture and in cooperation with the Oregon
State College.
Ex Officio Duties. Under the Soil Conservation Act of 1938, the county
agricultural agent is an ex officio member of the county soil conservation
committee, and may be elected secretary of the committee. (7)
"
Powers and Duties. It is the county agricultural agent's duty to in-
vestigate and study all phases of agricultural problems affecting the agri-
cultural or horticultural interests of the county. (8) As an agent of the
county he cooperates with the Oregon State College in extension and field
work within the county and acts under its supervision. (9) He supervises
farm demonstration work at the county farm or on land purchased by the
county (10) and experiment station work. (11) The experimental and educa-
tional work of the county agent is conducted according to the administrative
regulations and bulletins of instructions provided by the United States De-
partment of Agriculture for this office.
Other than the duty of investigating agricultural questions affecting
local county interests (12) there are a few specific duties imposed upon
the county agricultural agent by law.
It is the duty of the county agent to mix and sell poison bait for
predatory animals and to account for the proceeds to the county treasurer.
(13) He is required to notify residents as to the proper time to put out
4.
1913 S. L. ch. 134; 1930 0. C. Ann. sec. 18-1101.
1913 S. L. ch. 134; 1930 0. C. Ann. sec. 18-1102; for manner of
removal, see Board of County Commissioners, p. 87.
6.
52 Stat. p. 31.
7.
U. S. C. A. Title 16, ch. 3b, sec. 590h, sub-division d.
8. 1913 S. L. ch. 134; 1930 0. C. Ann. secs. 18-1102, 18-1103.
9. 1913 S. L. ch. 134;
10. 1913 S. L. ch. 235;
11. 1927 S. L. ch. 402;
12. 1913 S. L. ch. 134;
13. 1925 S. L. ch. 5;
1930 0. C. Ann. sec. 18-1102.
1930 0. C. Ann. sec. 18-905.
1930 0. C. Ann. sec. 18-1029.
1930 0. C.
1930 0. C.
5.
Ann. secs. 18-1102, 18-1103.
Ann. secs. 20-2624, 20-2625.
-
159
Home Demonstration Agent
poison bait. (15) If the bait is not put out by the property owner as
directed by the county agent, the agent is required to recommend to the
county court a suitable person to be appointed by the court to perform the
work. Expenses so incurred are defrayed by a lien against such property,
as provided by law. (16)
The Departinent of Agriculture is authorized when it deems it advisable,
to enter into agreements with the county agricultural agent to enforce the
provisions of the meat inspection act. (17)
Reports. The county agricultural agent makes annual reports of his
work to the Oregon State College and to the county court, retaining dupli-
cates for his file.
Introduction. Since 1905 the Oregon State College has been empowered
to conduct institutes in the various counties of the State for the purpose
of instructing the citizens of the State in improved methods of agriculture
and home management. (1) In 1913 further legislation authorized the Oregon
State College to conduct educational extension, demonstration, and field
work in all counties of the State. This work was to include agricultural
and home demonstration activities, the instruction to be carried on in the
established schools of the State and through farmers' institutes, local
clubs, demonstration trains, and exhibits at State and county fairs. (2)
The same law authorized the county courts of the various counties to appro-
priate county funds for use in demonstration work within their counties, to
be expended under the supervision of the Oregon State College Extension
Service. (3) Additional funds were made available by the Federal Govern-
ment, equal to the funds appropriated by the State and county government. (4)
Prior to 1930 all agricultural and home demonstration work in Multnomah
County was performed by the club agent, originally appointed in 1921. (5)
In 1930 a home demonstration agent was appointed for Multnomah County. (6)
The agent is a member of the faculty of the Oregon State College Extension
Service.
+
XXVI. HOME DEMONSTRATION AGENT
15. 1925 S. L. ch. 5; 1930 0. C. Ann. sec. 20-2626.
16. 1925 S. L. ch. 5; 1930 0. C. Ann. sec. 20-2627.
17.
1917 S. L. ch. 417; 1930 0. C. Ann. secs. 41-1401, 41-1411, 41-1423,
as amended 1939 S. L. ch. 95.
1.
1905 S. L. ch. 34; 1930 0. C. Ann. sec. 18-801.
2•
1913 S. L. ch. 110; 1930 0. C. Ann. sec. 18-802.
3. 1913 S. L. ch. 110; 1930 0. C. Ann. sec. 18-803.
4.
5.
1913 S. L. ch. 110; 1930 0. C. Ann. sec. 18-807; 38 U. S. Stat. p. 372.
Commissioners' Journal, vol. 9, p. 435; vol. 15, p. 218 (new series).
Ibid., vol. 32, p. 246 (new series).
6.
23
**
160 -
Club Agent
Compensation. The salary of the home demonstration agent is paid
jointly by the Federal and State Governments, although the county supplies
additional funds to defray certain expenditures of the agent. For each
dollar appropriated by the county toward the expenses of this official, a
like sum is furnished from the general fund of the State. (7)
Powers and Duties. The agent holds home demonstration classes in rural
areas of the county for the purpose of assisting housewives in the problems
of household management. She also visits farmhouses in order to advise in-
dividuals in their particular problems of domestic science and farm manage-
ment.
As part of the 4-H club program, she organizes clubs for those young
people interested in household and farm management. (8)
Records. The home demonstration agents keep a record of members in
home demonstration classes and copies of annual reports to State and Federal
agencies.
Introduction. The work of the club agent is a comparatively recent
devolopment in governmental service. In Oregon the work was in part an out-
growth of the custom of holding juvenile fairs in several counties of the
State. These activities woro sponsored by the school superintendents of the
various counties. (1) Later, the State Superintendent of Public Instruction,
in 1911, persuaded the State Bankers' Association and the Union Stockyards at
Portland, Oregon, to pay the salary and traveling expenses of one man to work
under the direction of the State Superintendent's office for the promotion
of club work with the boys and girls of the State. (2)
In 1913 the Legislature appropriated money for juvenile industrial
work and authorized the State Superintendent of Public Instruction to em-
ploy two assistants for the administration of this activity. (3)
1.
XXVII. CLUB AGENT
Following the passage of the Smith-Lever Act by Congress in 1914, club
work became an organized part of the regular extension work of the land
grant colleges under the direction of the United States Department of
Agriculture. (4)
42
7 1913 S. L. ch. 110; 1930 0. C. Ann. sec. 18-804.
Oregon Blue Book, 1939-40, p. 160.
8.
Ibid.
Ibid.
3.
1913 S. L. ch. 110; 1930 0. C. Ann. sec. 18-804.
4. 38 Stat. 372.
2.
· 161 -
County Health Board
A Federal law passed in 1917 providing Federal funds for use in the
work of the club agent stated that the educational program undertaken should
be of a level lower than that followed in college courses and should be de-
signed especially to meet the needs of persons over 14 years of age who plan
to work on farms or in farm homes. (5)
In Multnomah County, a club agent was appointed in 1921. (6) At pres-
ent there are two club agents in Multnomah County, one rural and one urban.
(7) Their offices are at Gresham and at Portland.
20% dan Ad 20
Compensation. The salary of the club agent is paid jointly by the Fed-
eral Government and the State, although additional funds are usually sup-
plied by the county to defray certain expenditures of the club agent. For
each dollar appropriated by the county toward the club agent's expenses, a
like sum is furnished from the general fund of the State. (8)
Powers and Duties. The work of the club agent consists of the organ-
ization of 4-H clubs and the supervision of project work of the various
clubs, which are composed of five or more members. Each club elects its
officers from among its members. They hold at least ten meetings, and re-
ceive instructions which have been prepared by the resident staff and exten-
sion specialists of the Oregon State College. They keep a record of their
work and file their final reports with the State club leader of the exten-
sion services. (9)
Records. The Multnomah County records of the club agent include a
scholarship record of club members, enrollment blanks of 4-H clubs, yearly
records showing the progress of club projects, a card index file of members'
projects, a record of all prizes won at county and State fairs, a daily rec-
ord of business transacted, and a record of all expenses and funds.
5.
6.
7.
8.
9.
An enactment of 1905 designated the county judge and the county com-
missioners of each county as an ex officio board of health of the county. (1)
Previous legislation defining the authority of the county courts of the va-
rious Oregon counties had established the principle that that body should
have jurisdiction over certain matters related to public health, particularly
in regard to the indigent sick of the county. (2) Frior to the passing of
1.
2.
!
that
XXVIII. COUNTY HEALTH BOARD
U. S. C. A. Title 20, sec. 2, pp. 20, 21.
Commissioners' Journal, vol. 11, p. 435; vol. 15, p. 218 (new series).
Oregon Blue Book, 1939-40, p. 69.
1913 S. L. ch. 110; 1930 0. C. Ann. sec. 18-804.
Oregon Blue Book, 1939-40, p. 160.
1905 S. L. ch. 170; 1930 0. C. Ann. sec. 59-201.
L. 1864, Deady, p. 847; 1930 C. C. Ann. sec. 27-1404.
GIME
HAR
162
County Health Board
special laws governing county responsibility over health matters, the
county commissioners of Multnomah County issued contracts to private physi-
cians for the care of the indigent sick. (3) The county poor farm, author-
ized by the legislation of 1864, (4) was early regarded as a facility for
county medical care. (5)
In Multnomah County, upon the completion of the county hospital fa-
cilities in connection with the county poor farm, (6) the county physician,
previously paid by fees for services performed, was provided a salary. (7)
During this period contracts were also awarded private institutions for the
hospitalization of county charges. (8)
It was not until 1903 that legal recognition was granted the need for
organized public health service, with defined jurisdiction.
In that year
the Legislature created the State Board of Health and provided for annual
State-wide conferences of county and city health authorities to discuss
questions of public health. (9) Two years later the county judges and
commissioners were designated ex officio boards of health in the counties.
(10) The county physician of Multnomah County was officially appointed
secretary of the Multnomah County board of health in 1906, as the statute
directed. (11)
3.
Amendments to the original law establishing county jurisdiction over
public health matters within the counties provided alternate methods of
forming county boards of health. An amendment of 1931 provided that the
county health boards may be composed of one member of the county court, the
county school superintendent, the mayor of the county's largest city, one
licensed physician and surgeon, one licensed dentist, and two laymen. (12)
In 1937 an amendment provided that a majority of the voters in any county
may, at any time, authorize the county commissioners to establish a county
board of health. (13) The county court or board of county commissioners
of those counties which have not established health boards under the amend-
ments of 1931 or 1937, are regarded as ex officio boards of health whether
or not official action is taken in that capacity, according to a ruling of
the Attorney General. (14)
Since 1913, when the office of county judge in Multnomah County was
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
SINGA.
Commissioners' Journal, vol. 1, pp. 213, 487 (old series).
L. 1864, Deady, p. 847; 1930 0. C. Ann. sec. 27-1404.
Commissioners' Journal, vol. 1, p. 483 (old series).
Ibid., vol. 1, p. 666.
Ibid., vol. 2, p
vol. 2, p. 254.
Ibid., vol. 14, p. 281.
L. 1903, p. 82; 1930 0. C. Ann. sec. 59-101.
1905 S. L. ch. 170; 1930 0. C. Ann. sec. 59-201.
1905 S. L. ch. 170; Commissioners' Journal, vol. 24, p. 439 (new series).
1931 S. L. ch. 398; 1935 0. C. Ann. Supp. sec. 59-204.
1937 S. L. ch. 301.
Oregon State Board of Health, Organization of the State Board of Health,
Oregon-1939, (bulletin).
Onkolóni MÀ CORONA ME
ang Adun veseli LAT
163
JAR
Health Officer
abolished, (15) the board of county commissioners has constituted the ex
officio county board of health. It is the duty of the county board of
health to enforce the rules and regulations of the State Board of Health.
(16) The county board of health appoints the county health officer and
other officers necessary to the conduct of its duties. (17)
The law does not list any record requirements for the board of health.
Introduction.
Administration over public health in Multnomah County
is at present handled chiefly by the health officer and the county physi-
cian. The duties of the health officer, which relate especially to the
registration of vital statistics, are regulated by the State Board of
Health as part of a State-wide public health program.
As early as 1871 the county court appointed a county physician, who
was instructed to care for the health of county charges. (1) The office of
county health officer was not established in Multnomah County until 1903,
when the State Board of Health was created. (2) At that date the county
physician then incumbent was assigned the duties of health officer, follow-
ing the institution of a State-wide health program under the State Board of
Health. (3) However, the law designating the county court as an ex officio
board of health was not passed until 1905. (4) In the following year the
county court, acting as an ex officio health board, appointed a health offi-
cer. (5) Until 1937 the functions of health officer and county physician
were performed by a single individual.
Manner of Selection. While the county health officer is appointed by
the county board of health, he receives his commission from the State Board
of Health. (6)
1.
2.
3.
Qualifications. The county health officer is required to be a citizen
of the United States, a qualified elector under the Constitution, a resident
of the county, and a licensed physician. (7)
4.
15. 1913 S. L. ch. 378; 1930 0. C. Ann. sec. 18-837.
17.
16. 1905 S. L. ch. 170; 1930 0. C. Ann. sec. 59-201.
1905 S. L. ch. 170; 1930 0. C. Ann. sec. 59-201.
Commissioners' Journal, vol. 3, p. 182 (old series).
1903 S. L. p. 82; 1930 0. C. Ann. sec. 59-102.
Commissioners' Journal, vol. 23, p. 475 (old series).
1905 S. L. ch. 170; 1930 0. C. Ann. sec. 59-201.
Commissioners' Journal, vol. 24, p. 439 (old series).
1905 S. L. ch. 170; 1930 0. C. Ann. sec. 59-201.
1905 S. L. ch. 170; 1930 0. C. Ann. sec. 59-201.
LO CO
XXIX. HEALTH OFFICER
5.
6.
7
164 -
Health Officer
•
Tenure. The law of 1905 provides that the county health officer shall
receive his appointment and commission for a two year term. (8)
Compensation. The law states that the compensation of the county
health officer shall be prescribed by the board of county commissioners and
paid by the county, within a statutory minimum limit. (9) Upon the creation
of the office in Multnomah County in 1903, the county commissioners taking
cognizance of the increased duties of the county physician, increased his
salary. (10) When the health officer was officially designated as secretary
to the county board of health, the board fixed his compensation at $500 per
year in that capacity. (11) The present compensation of the county health
officer is $300 per month, which is paid in equal amounts by the county and
the United States Public Health Service.
Manner of Removal. The county health officer may be removed from
office for cause, as defined by statute. Charges may be brought by the
State Board of Health, which may conduct a hearing as prescribed by law.
Upon confirmation of the charges, the law requires that the appointing body
remove the official. (12)
Powers and Duties. Although the county health officer is appointed by
the board of county commissioners, acting as the ex officio county board of
health, he is subordinate to and functions under the rules and regulations
of the State Board of Health. (13) In coordinating health work within the
counties, the State Board of Health is required by law to call an annual
conference of county and city health officials. (14)
The county health officer's duties relate largely to the enforcement
of State laws pertaining to preventive public measures and sanitation. He
enforces regulations concerning drinking water sanitation, (15) requesting
the cooperation of the State Board of Health in bacteriological examinati ons
of water, milk, tissues, etc. (16) As the agent of the State Board of Health,
he inspects tourist camp grounds, issuing certificates to operate. (17)
It is the duty of the health officer to disseminate information to
parents of new-born infants in cases of eye infection. (18) He enforces
laws concerning communicable diseases in public schools. (19)
Laws enacted in 1907 govern the protection of counties against the
ת כר.
8.
1905 S. L. ch. 170; 1930 0. C. Ann. sec. 59-201.
9. 1905 S. L. ch. 170; 1930 0. C. Ann. sec. 59-201.
10.
Commissioners' Journal, vol. 23, p. 475 (old series).
Ibid., vol. 24, p. 439 (old series).
11.
12.
13.
1905 S. L. ch. 170; 1930 0. C. Ann. sec. 59-201.
1905 S. L. ch. 170; 1930 0. C. Ann. sec. 59-201.
1903 S. L. p. 82; 1930 0. C. Ann. sec. 59-106.
14.
15.
1919 S. L. ch. 264; 1930 0. C. Ann. secs. 59-1106, 59-1107.
1919 S. L. ch. 264; 1930 0. C. Ann. sec. 59-1121.
17. 1925 S. L. ch. 137; 1930 0. C. Ann. secs. 59-2009, 59-2010, 59-2011.
18.
1915 S. L. ch. 210; 1930 0. C. Ann. sec. 59-801.
1919 S. L. ch. 264; 1930 0. C. Ann. sec. 59-401.
19.
16.
- 165
Health Officer
introduction of communicable diseases from other counties. The health of-
ficer is empowered to enforce a quarantine against another county, and to
apply quarantine regulations to railroads, steamboats, and other common
carriers of passengers or baggage when quarantine is declared. (20) Under
enactments of 1919, the county health officer is authorized to placard
houses wherein any communicable discase is found to exist. (21) He is em-
powered to use whatever means may be necessary in the performance of his
duties in the investigating, reporting, and quarantining of contagious dis-
eases. (22) He is also responsible for the examination and treatment of
inmates of the county jail for venereal infection, as well as for the gen-
eral repression of social diseases and their sources. (23)
The health officer possesses the power of a constable in the enforce-
ment of health regulations: (24) He reports violations of the State health
laws to the district attorney. (25)
Registration of Vital Statistics. For the purpose of maintaining State
health and vital statistical records, the counties are divided into regis-
tration districts. The health officer of each city of 2,000 or more popula-
tion is designated by law as the local health registrar of his district; (26)
and each county of less than 5,000 population, exclusive of cities of more
than 2,000 population, constitutes a primary registration district. (27)
Hence, the city of Portland is a registration district by itself. The
county health officer, as prescribed by law, serves as registrar for the
rest of the county.
As local registrar, the county health officer is required to make an
original and a copy of all birth (28) and death (29) certificates within
his district, the original of which he sends to the State Registrar and the
copy to the county clerk for the county records. The law also provides
that he shall make a register of physicians, midwives, and undertakers and
make a return thereof to the office of the State Registrar. (30) He also
issues burial permits, registering them with the State Registrar. (31)
-
Vital statistics for all Cregon counties since 1903 are also recorded
in the State Public Health Department, Oregon Building, Portland, Oregon.
Records. To insure uniformity of law enforcement in matters of public
1907 S. L. ch. 70; 1930 0. C. Ann. secs. 59-308, 59-309.
20.
21. 1919 S. L. ch. 264; 1930 0. C. Ann. secs. 59-302, 59-303, 59-304.
22. 1935 S. L. ch. 320.
23. 1919 S. L. ch. 264; 1930 0. C. Ann. secs. 59-703, 59-704.
24. 1905 S. L. ch. 170; 1930 0. C. Ann. sec. 59-201.
27.
28.
25. 1915 S. L. ch. 268; 1930 0..C. Ann. sec. 59-1301.
26. 1915 S. L. cho 258; 1930 0. C. inn, sec. 59.1203.
1915 S. L. ch. 268; 1930 0. C. Ann. sec. 59-1203.
1915 S. L. ch. 268; 1930 0. C. Ann. sec. 59-1213.
1915 S. L. ch. 268; 1930 0. C. Ann. sec. 59-1209.
1915 S. L. ch. 268; 1930 0. C. Ann. sec. 59-1216.
1915 S. L. ch. 268; 1930 0. C. Ann. sec. 59-1205.
29.
30.
31.
- 166
C
County Health Nurse
health, the State Board of Health prepares and issues blanks for distribution
among physicians for reports of contagious diseases. (32) Blanks and forms
used in connection with the health officer's duties as local registrar are
prepared and issued by the State Registrar. (33) The statutes prescribe the
content and order of information on birth (34) and death (35) certificates.
The case files of the Multnomah county health officer contain records
of cases served by the county nurse, with index; records of immunization
treatment for school children; and clinic records.
Miscellaneous reports, besides operating reports of the office, include
reports to the State Board of Health. (36)
XXX. COUNTY HEALTH NURSE
Introduction. In 1917 the Legislature authorized the county commission-
ers, in their ex officio capacity as a board of health, to appoint county
health nurses. (1) This measure, applying to all counties, effectually marked
the beginning of a State-wide program for the prevention of tuberculosis.
However, prior to 1917 in Multnomah County a nurse had been employed at the
county poor farm to care for tubercular patients. (2) In 1910 the county
court appointed a nurse to be in charge of all tubercular patients who were
wards of the county. (3)
Qualifications. The qualifications of the county public health nurse
are those prescribed in the Rules and Regulations Relating to Public Health
of the Oregon State Board of Health, in conformity with the standard set by
the National Organization for Public Health Nursing. (4)
5.
Organi za ti on. The county public health nurses work under the direction
of the county health officer and are governed by the rules and regulations
of the State Board of Health. (5) At present there are three public health
nurses employed in Multnomah County.
32. 1919 S. L. ch. 264; 1930 0. C. Ann. sec. 59-312.
33. 1915 S. L. ch. 264; 1930 0. C. Ann. sec. 59-1201.
34. 1915 S. L. ch. 268; 1930 0. C. Ann. secs. 59-1212, 59-1214.
35. 1915 S. L. ch.
268; 1930 0. C. Ann. sec. 59-1207.
1905 S. L. ch. 1701; 1930 0. C. Ann. sec. 59-202.
36.
1.
1917 S. L. ch. 82; 1930 0. C. Ann. sec. 59-506.
2.
Commissioners' Journal, vol. 34, p. 19 (new series).
3.
Ibid.
Ibid., vol. 35, p. 107 (new series).
4. Oregon State Board of Health, Rules and Regulations Relating to Public
Health, Portland, Oregon, 1936, p. 42; see also 1919 S. L. ch. 264;
1930 0. C. Ann. sec. 59-506.
Rules and Regulations Relating to Public Health, p. 42.
167.
County Physician
Compensation. County public health nurses in Multnomah County are
paid by salary as is fixed by the board of health.
Powers and Duties.
The office of county public health nurse was cre-
ated as part of a broad legislative program to further the prevention of
tuberculosis. (6) The county health nurses investigate cases of tubercu-
losis in the county and instruct tubercular patients in matters of hygienic
and sanitary measures to prevent the spread of the disease. They act as
visiting nurses throughout the county and perform such other duties as may
be assigned to them by the county board of health. They are required to
report any communicable diseases of which they have knowledge to the county
authorities. (7) The county public health nurses
The county public health nurses are required to file a
monthly report with the county clerk, showing the number of visits made
during the month, requests for services, and such other information as the
county board of health may require. (8)
XXI. COUNTY PHYSICIAN
Introduction. The office of county physician was not specifically
authorized by statute prior to the legislative provision for the county
board of health in 1905. (1) However, as the county court originally had
jurisdiction over the county poor, the medical care of the poor automati-
cally became a part of county activity. Legislation of 1854 authorizing
the county courts of the various Oregon counties to care for indigents had
empowered the county courts to enter into contracts for such a purpose and
to appoint an agent to oversee and provide for the care of the poor. (2)
In 1859 Multnomah County granted a firm of doctors and exclusive contract
for care of the indigent. (3) The contract was terminated in 1868 when the
first county poor farm was built. (4) The early medical attention for the
inmates of the county poor house and the county jail was supplied by a doc-
tor employed upon a fee basis. (5) However, by the year 1871 the county
physician was recognized as a duly appointed officer of the county, (6)
instructed to serve anyone who was a county charge. (7)
Until 1937 the functions of the county physician and the county health
6. 1917 S. L. ch. 82; 1930 0. C. Ann. sec. 59-506.
7.
1917 S. L. ch. 82; 1930 0. C. Ann. sec. 59-506.
8. 1917 S. L. ch. 82; 1930 0. C. Ann. sec.
sec. 59-506.
↓
1. 1905 S. L. ch. 170; 1930 0. C. Ann. sec. 59-201.
2.
L. 1854, Deady, p. 849; 1930 0. C. Ann. sec. 27-1404.
Commissioners' Journal, vol. 1, p. 77 (old series).
3.
4. Ibid., vol. 1, p. 433.
5.
Ibid., vol. 1, p. 717.
6. Ibid., vol. 2, pp. 3, 316.
7.
Ibid., vol. 3, p. 182.
- 168
County Physician
officer were performed by a single official, the county physician serving
as health officer. In 1937 a separate appointment was made to the latter
office. (8)
Compensation. The salary of the county physician is fixed by the
board of commissioners. The present incumbent receives $300 per month.
Za kah
Powers and Duties. The county physician of Multnomah County is chiefly
responsible for the administration and health activities of several county-
operated institutions. In particular he provides medical care for the in-
nates of the county jail, (9) the county tuberculosis pavilion, and the
Multnomah county hospital.
Tuberculosis Pavilion. Although statutory provision for the operation
of a tuberculosis facility in connection with the county poor farm did not
exist prior to 1917, (10) the practice of hospitalizing tubercular patients
who were county charges was already customary. County records of 1909 in-
dicate that the care and treatment of such patients was a significant poor
farm activity. (11) A special staff of nurses and orderlies, working under
the direction of the county physician, was employed at the poor farm prior
to the erection of the new buildings in 1911. (12) In that year the poor
farm quarters were built at Troutdale, with a separate building for housing
tubercular patients. (13)
County Hospital. An enactment of 1911 authorized the board of county
commissioners to erect and maintain a hospital for the care and treatment
of the poor, with the provision that patients able to pay could be admit-
ted. (14) The present structure, located on Marquam Hill at Portland, was
erected in 1920. (15) The office of the county physician is now situated
there.
Kada
The county hospital employs a staff of nurses and orderlies, operating
under the direction of the county physician. The University of Oregon out-
patient clinic, adjacent to the county hospital structure, cooperates with
the county hospital, serving as a diagnostic center and transferring pa-
tients to the county hospital when hospitalization is found necessary.
Records. The records of the county physician pertain largely to the
county poor farm, tuberculosis pavilion, and the county hospital. (16) The
county farm records consist of case records and histories, including the
death records of the tuberculosis pavilion. The county physician also keeps
8.
Oregon Blue Book, 1937-38, p. 64.
9.
1919 S. L. ch. 264; 1930 0. C. Ann. sec. 27-2322.
10. 1917 S. L. ch. 82; 1930 0. C. Ann. sec. 59-514.
11.
Commissioners' Journal, vol. 34, p. 19 (new series).
Ibid., vol. 33, p. 170.
12.
13.
Ibid., vol. 37, p. 117.
14.
15.
1911 S. L. ch. 31; 1930 0. C. Ann. secs. 27-1501, 27-1502.
Commissioners' Journal, vol. 37, p. 117 (new series).
1915 S. L. ch. 268; 1930 0. C. Ann. sec. 59-1217.
16.
Ja
G
· 169 -
County Public Welfare Commission
a record of contagious diseases reported to his office. County hospital
records contain case histories, copies of reports to the University of Ore-
gon, the county physician's reports to the tuberculosis pavilion on tuber-
culosis patients at the tuberculosis pavilion, and a record of tax-free
alcohol received and used. (17)
Introduction. Although the county public welfare commission, as it is
now constituted and designated, is of recent origin, the care of indigents
was one of the early responsibilities of county government. The laws adopted
under the Provisional Government provided for the relief of paupers. (1) By
an enactment of 1854, the county court was authorized to supervise the care
of indigents in the different counties of the Territory, to provide work-
houses for paupers, and to provide for the burial of paupers. (2) Such early
legislation for the relief of indigents defined residence requirements for
applicants for relief within the separate counties. The law also prescribed
that the able relatives of poor persons be held accountable for their sup-
port, and that in the absence of relatives, such relief as the case might
require be paid out of the county treasury at the discretion of the county
court. (3)
Early welfare legislation provided that dependent children should be
placed in homes as indentured apprentices. (4) Later statutes also set
forth certain regulations for the establishment and conduct of private in-
stitutions for child care and placement. The county court could appoint a
board of visitation to visit and inspect such institutions. (5)
123
The provision for dependent children, enacted in 1913, required that
the county or juvenile courts of the counties should administer payments to
widowed mothers in need. Originally fixed at $10 per month for one child,
and $7.50 per month for each additional child under 16 years of age, the
amounts in 1921 were increased to $15 per month and $10 per month, respec-
tively, with a limit of $60 per family. Again, in 1929, the amounts were
increased to $20 and $16 respectively, the total not to exceed $75. (6)
In 1939 the county public welfare commission was made the agency responsible
for administering aid to dependent children. (7)
2.
17.
1. L. 1843-49, p. 163.
L. 1853-54, p. 505; 1930 0. C. Ann. sec. 27-1408.
L. 1864, Deady, p. 847; 1930 0. C. Ann. sec. 27-1403.
L. 1854, Deady, p. 847; 1930 0. C. Ann. sec. 27-1404.
1907 S. L. ch. 34.
1913 S. L. ch. 42; 1921 S. L. ch. 202; 1929 S. L. ch. 45;
1930 0. C. Ann. sec. 27-1301.
7. 1939 S. L. ch. 241.
3.
4.
کا ہے
XXXII. COUNTY PUBLIC WELFARE COMMISSION
5.
6.
41 Stat. 305, Title 3.
170 -
County Public Welfare Commission
Legislation of 1889 provided special welfare benefits for war veter-
ans, their families, widows, and orphaned children. (8) A county levy not
to exceed one-tenth of a mill provided a fund administered, in most Oregon
counties, by a bonded representative of various war veterans' camps and
posts. In Multnomah County the fund is disbursed by an officer appointed
by the county commissioners, who is paid a salary fixed by the county com-
missioners and derived from funds other than relief funds. The captains
and commanders of the various veterans' organizations serve as an advisory
board to the disbursing officer. (9)
In Multnomah County, prior to 1870, the county's indigents were pro-
vided for by contract, issued under competitive bids, the contractor agree-
ing to feed, shelter, and clothe the indigents. (10) That year, however,
the county poor farm was constructed. The original structure was located
on the Canyon Road two miles southwest of Portland. (11) In 1911 the pres-
ent structure was completed at its present location in Troutdale. (12) The
superintendent of the institution is appointed by the board of county com-
missioners. (13)
County Public Welfare Commission. The above provisions for the relief
of economic distress were considered adequate until 1933, when the Federal
Government took cognizance of widespread unemployment. Accordingly Federal
funds were appropriated and made available for relief purposes through
grants to the various states. The Governor appointed a State Relief
Committee of seven members, to serve without salary and to supervise the
administration of relief and to give guidance to the county relief commit-
tees. (14) In 1939 legislation was passed changing the names of the State
Relief Committee and county relief committees to State Public Welfare Com-
mission and county public welfare commissions, respectively. (15)
Membership. The Multnomah County public welfare commission was orig-
inally established, as the county relief committee, in 1933. (16) The
county commissioners, previously the sole administrators of relief, together
with four lay members appointed by the Governor, comprised the committee. (17)
The membership of the committee was not changed when the name was changed. (18)
Compensation. The county commissioners receive no special compensation
for their ex officio services as members of the county welfare commission,
8
L. 1889, p. 52; 1925 S. L. ch. 46; 1930 0. C. Ann. secs. 66-301, 66-302.
1927 S. L. ch. 416; 1930 0. C. Ann. sec. 66-302.
Commissioners' Journal, vol. 1, p. 455 (old series).
9.
10.
11.
Ibid., p. 439 (old series)
12. Ibid., vol. 34, p. 20 (old series)
13.
14.
15.
16.
Ibid., vol. 47, p. 21 (old series)
1933 S. L. ch. 15; 1935 0. C. Ann. Supp. sec. 68-2601.
1939 S. L. ch. 241.
1933 S. L. ch. 15; 1935 0. C. Ann. Supp. sec. 68-2601.
17. 1933 S. L. ch. 15; 1935 0. C. Ann. Supp. sec. 68-2606.
18. 1939 S. L. ch. 241.
-
171.
County Public Welfare Commission
nor do the appointed members receive payment. However, the executive re-
lief officer appointed by the commission and his assistants receive compen-
sation. (19)
Finance. Funds disbursed by the county public welfare commission are
derived from Federal, State, and county sources.
and county sources. Federal allotments for the
administration of relief in the states require matching funds by the states,
(20) as do funds provided for welfare activity under the Federal Social Se-
curity law. (21) Such funds are then allotted to the various counties. The
State derives much of its relief funds from license fees, liquor sale profit,
and other revenue of the State Liquor Control Commission, (22) which is ap-
portioned among the various counties and disbursed from earmarked funds.
Powers and Duties. A major function of the county public welfare com-
mission is the administration of funds for direct relief purposes, involving
an investigation of applicants for relief benefits, the certification of
need, and disbursement of relief upon evaluation of the budgetary needs and
resources of the applicants. (23) The methods and forms of investigation
and certification of applicants for relief benefits are uniform throughout
Oregon counties, the State Public Welfare Commission providing forms and
prescribing rules, records to be kept, and reports to be made. (24)
Following the enactment of the Federal Social Security law of 1935,
which provided, among other features, Federal allotments to the states to
assist in various phases of social welfare, (25) the Oregon Legislature
passed enabling legislation to provide for the administration of these va-
rious activities. The investigation of dependent child cases and disburse-
ments of relief to dependent children is a function of the county public
welfare commission. (26) The care of dependent children includes placing
of children in boarding homes.
1.9.
The Federal Social Security law provided for grants to states with ap-
proved old-age assistance plans, the funds, matched by State funds, to be
disbursed by the State and county public welfare commissions. (27) Prior
to an enactment of 1933 the administration of old-age relief was under the
jurisdiction of the county courts or boards of county commissioners. (28)
A maximum of $30 per month for persons over 70 years of age was provided by
legislation of 1933. (29) In 1935, with Federal allotments provided under
1933 S. L. ch. 15; 1935 0. C. Ann. Supp. sec. 68-2603, as amended
1939 S. L. ch. 241.
20. 48 Stat. 22, 55.
21.
49 Stat. 620
22.
23.
24.
Ang
1937 S. L. ch. 448.
1933 S. L. ch. 15; 1935 0. C. Ani. Supp. sec. 68-2616, as amended 1939
S. L. ch. 241.
1935 S. L. ch. 303; 1935 0. C. Ann. Supp. sec. 68-2616, as amended 1939
S. L. ch. 241.
25.
49 Stat. ch. 531.
26.
1939 S. L. ch. 241.
27. 1935 S. L. ch. 407; 49 Stat. ch. 531.
28. 1933 S. L. ch. 284.
29. Ibid.
172 -
County Public Welfare Commission
the Federal Social Security Act, the age limit was reduced to 65 years (30)
and administration of that form of welfare activity placed in the hands of
the State and county public welfare commissions. (31)
Still another phase of public welfare provided for by the Federal So-
cial Security Act and administered by the State and county public welfare
commissions is assistance for the needy blind. (32)
Federal relief appropriations measures provide that the county welfare
commissions may serve as certifying agencies for the Work Projects Adminis-
tration, the Civilian Conservation Corps, Federal Surplus Commodity Corpora-
tion, (33) and other agencies financed by Federal relief appropriations. (34)
The county public welfare commission also cooperates with the American Red
Cross, Salvation Army, and other private relief organizations.
The public welfare commission of the county is empowered by statute to
select the members of the county committee for self-help and rehabilitation,
either from among its own membership or from residents of the county. (35)
The commission is required to cooperate with the rehabilitation committee. (36)
Record System and Records. The county public welfare commission works
under the close direction of the State Public Welfare Commission, which fur-
nishes the county commission with all forms used in the transaction of county
welfare business. (37) The law provides that the county public welfare com-
mission maintain a central registration bureau and keep therein such records.
and accounts of relief administration as the State Commission shall pre-
scribe. (38) The law also authorizes the State Commission to require of the
county commission financial reports and whatever reports, applications, and
affidavits as may be deemed advisable. (39)
Specific legal authorization exists for the various types of records.
kept in the county public welfare commission files. They include general as-
sistance records, records of aid to dependent children, (40) old-age assist-
ance records and reports, (41) records of assistance to the blind, (42) rec-
ords of direct relief, and WPA certification. (43)
30.
31.
32.
33.
34.
35.
36.
1935 S. L. Sp. S. ch. 50.
1935 S. L. ch. 407; 1935 0. C. Ann. Supp. sec. 27-3703, as amended
1939 S. L. ch. 455.
1935 S. L. Sp. S. ch. 60.
49 Stat. 750.
Ibid.
1933 S. L. Sp. S. chs. 8, 97; 1935 0. C. Ann. Supp. sec. 68-2701.
1933 S. L. Sp. S. chs. 8, 97; 1935 0. C. Ann. Supp. sec. 68-2701.
37. 1939 S. L. ch. 241.
38.
39.
40.
41.
42. 1939 S. L. ch. 456.
43.
1939 S. L. ch. 241.
Ibid.
Ibid.
1939 S. L. ch. 457.
1935 S. L. ch. 407; 1939 S. L. ch. 455.
173
The authority to erect, maintain, and operate county farms was one of
the early powers delegated by the Legislature to the county courts. (1)
General provision was enacted in 1854 for the appointment by the county
court or board of county commissioners of the necessary agents to provide
care of the poor within the county. (2)
XXXIII. SUPERINTENDENT OF COUNTY FARM
.
The first superintendent of the county farm in Multnomah County was ap-
pointed in 1870. (3) There are no statutory qualifications for the office,
nor does the law define the duties. The superintendent is paid by salary,
fixed by the board of county commissioners. The present incumbent receives
$200 per month.
The Multnomah county farm consists of 640 acres of land located at
Troutdale. The superintendent manages the institution, supervising the care
of the inmates and certain farming activities.
The statutes dealing with vital statistics and public health registra-
tion provide that managers and superintendents of public or private institu-
tions to which persons resort for medical treatment or are committed by law
are required to keep case histories and make a record of statistical infor-
mation relative to the inmates in the institution. (4)
Records pertaining to inmates at the Multnomah county farm include a
file of original permits for admission to the institution, personal histories
on the form prescribed by statute and supplied by the Oregon State Board
of Health, (5) a card record of patients, roll call books, records of deaths
and transfers to the state hospital, records of discharges and transfers to
the county hospital, and a visitors' register. Financial and property rec-
ords include invoices, copies of requisitions, records of both invoices and
requisitions, a record of supplies, and a card record of employees.
1.
2.
Introduction. Prior to 1850, in accordance with the laws of 1843, a
Territorial Recorder was elected for the purpose of recording all natural
23
L. 1854, Deady, p. 846; 1930 0. C. Ann. sec. 27-1401.
L. 1854, Deady, p. 847; 1930 0. C. Ann. sec. 27-1404.
Commissioners' Journal, vol. 1, p. 680 (old series),
4. 1915 S. L. ch. 268; 1930 0. C. Ann. sec. 59-217.
5.
1915 S. L. ch. 268; 1930 0. C. Ann. sec. 59-217.
3.
XXXIV. SURVEYOR
174
D
Surveyor
land boundaries referred to him by the settlers. (1) During the territorial
period from 1850 to 1859, the surveying of all lands in the Territory was
performed by a United States Surveyor General, who was instructed to estab-
lish a base line at the mouth of the Willamette River, to survey townships
and sections, to designate the land claims of settlers, and to enter a de-
scription of such claims in a book. (2)
A statute of 1854 provided for the election of surveyors in the various
counties. (3) The first surveyor for Multnomah County was appointed by the
county commissioners in April 1855, to hold office until the next general
election. (4) The Constitution in 1859 provided for the election of county
surveyors in each county. (5)
Qualifications, Oath, and Bond.
Oath, and Bond. The law requires that the surveyor be
a citizen of the United States, a qualified elector under the State Consti-
tution, and a resident of the county for one year prior to taking office. (6)
Before assuming the duties of his office, the surveyor is required to file
his certificate of election, with his oath of office endorsed thereon, and a
bond of $5,000 with the county clerk. (7)
1. Ar. p.
2.
Tenure. Originally fixed by the Constitution at two years, (8) an amend-
ment in 1920 changed the term of office of the surveyor to four years. (9)
If a vacancy occurs, the county commissioners are required to appoint a suit-
able person to fill the office until a successor can be elected. (10)
3.
4.
5.
6.
7
Compensation. Originally the surveyor's compensation was paid on a fee
basis. (11) At present, the surveyor in Multnomah County receives a salary
of $1,800 per year.
He is also allowed ten cents per mile for traveling ex-
penses. (12) For private surveys made at the request of individuals, the
surveyor is required to charge fees, (13) which are turned over to the county
treasurer. (14)
11.
12.
13.
14.
-
Deputies. The surveyor is authorized to appoint deputies, who are
p. 30.
GREE
L. 1850, p. 48.
L. 1853-54, p 573.
•
Commissioners' Journal, vol. 1, p. 6 (old series).
Const. art. VI, sec. 6.
L. 1864, Deady, p. 825; 1930 0. C. Ann. sec. 27-1710.
L. 1864, Deady, p. 825; 1930 0. C. Ann. sec. 27-1804; L. 1891, p. 80;
L. 1893, p. 92; 1930 0. C. Ann. sec. 27-1711.
8. Const. art. VI, sec. 6.
9.
Ibid.
10.
L. 1864, Deady, r. 825; 1930 0. C. Ann. sec. 27-1713; for manner of
removal, see Board of County Commissioners p. 87.
L. 1855, Deady, p. 892.
1911 S. L. ch. 259; 1930 0. C. Ann. sec. 27-1832.
GUE
L. 1855, Deady, p. 890; 1930 0. C. Ann. sec. 27-1802.
1911 S. L. ch. 259; 1921 S. L. ch. 190; 1929 S. L. ch. 184; 1930 0. C.
Ann. sec. 27-1832.
200
-
د
-
· 175 -
Surveyor
required to take an oath of office. (15) In Multnomah County the surveyor
has no regular staff, but employs such help as needed when making a survey.
Chainmen employed by the surveyor or his deputies are required to take an
oath or affirmation that they will faithfully and impartially perform their
duties. (16)
Powers and Duties. The county surveyor is required to execute all or-
ders directed to him by the county commissioners or by any court of record
for the surveying of roads, surveying or resurveying of any tract of land,
the title of which is in dispute, and all orders for the partition of real
estate. (17) When called upon to do so, it is the duty of the surveyor to
survey any tract of land within the county at the request of an individual,
provided his legal fees are first tendered. (18)
Any person owning lands which are divided by a county line may apply to
the surveyor of any county in which any part of such lands is situated. When
application has been made, the surveyor is required to make the survey, which
is as valid as if all such lands were situated in one county. (19)
In certain instances the law specifies the procedure the surveyor must
follow in making surveys of irregular tracts, (20) of resurveys, (21) of
county lines, (22) of marking corners (23) and the reading of angles. (24)
The surveyor is required to apportion the costs of an original survey
among the landowners who requested a survey and who are liable according to
their respective interests. (25)
Before a plat of any land lying outside the corporate boundaries of a
town or city can be recorded, it must first be approved by the county
surveyor. (26)
The surveyor or his deputy is authorized to administer oaths. (27)
The surveyor is empowered to procure at the expense of the county such
materials and requisites as are necessary to carry on his work. (28)
15. L. 1855, Deady, p. 892; 1930 0. C. Ann. sec. 27-1803.
16. Le 1901, p. 310;.1929 S. L. ch. 184; 1930 0. C. Ann. see. 27-1817.
17. L. 1855, Deady, p. 890; 1930 0. C. Ann. sec. 27-1801.
18. L. 1855, Deady, p. 890; 1930 0. C. Ann. sec. 27-1802.
19. L. 1855, Deady, p. 891; 1930 0. C. Ann. sec. 27-1810.
20. L. 1901, p. 312; 1930 0. C. Ann. sec. 27-1819.
L. 1901, p. 312; 1930 0. C. Ann. sec. 27-1820.
L. 1901, p. 314; 1930 0. C. Ann. sec. 27-1824.
L. 1901, p. 315; 1930 0. C. Ann. sec. 27-1826.
L. 1901, p. 315; 1930 0. C. Ann. sec. 27-1827.
21.
22.
23.
24.
25. L. 1901, p. 314; 1930 0. C. Ann. sec. 27-1823.
26.
1909 S. L. ch. 144; 1913 S. L. ch. 111; 1930 0. C. Ann. sec. 56-710.
27. L. 1901, p. 311; 1930 0. C. Ann. sec. 27-1818.
28. L. 1901, p. 316; 1930 0. C. Ann. sec. 27-1829.
~~~
?
- 176 -
Roadmaster
Records. The surveyor is required to keep an accurate record of all
surveys made by himself, his deputies, or the county roadmaster. (29) He
keeps plats of surveys and drawings, (30) special testimonies relating to
land boundaries, (31) United States Surveyor's field notes, (32) a record
of Government corners, (33) a record of roads. (34)
Introduction. The Legislature in 1901 provided for the creation of
the office of county roadmaster, (1) and under the powers thus granted, the
county court of Multnomah County appointed an official so designated in May
1901. (2) In 1917 a further enactment abolished the office as defined in
1901. However, the office was re-established in the same year with its
powers and duties restricted to those of practical roadbuilding and mainte-
nance. (3) A law of 1919 authorized the county courts of the various coun-
ties to appoint an engineer. (4) However, in Multnomah County two members
of the staff of the roadmaster are engineers who perform the necessary engi-
neering duties when so directed.
Qualifications, Oath, and Bond. The roadmaster is required to be a
competent engineer or practical road builder, and before he assumes the du-
ties of his office takes an oath of office and furnishes a bond of $1,000
which is approved by the county commissioners and the district attorney. (5)
Tenure. The roadmaster is appointed by the county commissioners for
a period not to exceed four years. (6)
1.
2.
29. L. 1855, Deady, p. 891; 1930 0. C. Ann. sec. 27-1809.
30. L. 1855, Deady, p. 891; 1930 0. C. Ann. sec. 27-1809.
31. L. 1901, p. 316; 1930 0. C. Ann. sec. 27-1822.
L. 1855, Deady, p. 892; 1930 0. C. Ann. sec. 27-1813.
33. L. 1901, p. 312; 1930 0. C. Ann. sec. 27-1820.
32.
34.
1917 S. L. ch. 295; 1930 0. C. Ann. sec. 44-1321.
L. 1901, pp. 105, 106.
Commissioners' Journal, vol. 22, p.
331 (old series).
1917 S. L. ch. 299; 1930 0. C. Ann. secs. 44-1402, 44-1404.
1919 S. L. ch. 431; 1930 0. C. Ann. sec. 44-1004.
3*
XXXV. ROADMASTER
Compensation. The law provides that the roadmaster's salary shall be
fixed by the county commissioners and paid out of the county road and bridge
fund. (7) The Multnomah County roadmaster receives a salary of $400 per
month.
4.
5.
6.
7.
་
1917 S. L. ch. 299; 1930 0. C. Ann. sec. 44-1404; for manner of re-
moval see Board of County Commissioners, p. 87.
1917 S. L. ch. 299; 1930 0. C. Ann. sec. 44-1404.
1917 S. L. ch. 299;
1930 0. C. Ann. sec. 44-1404.
game
177 -
C
Stock (Brand) Inspector
Organization. The enactment of 1917 empowered the county commissioners
to appoint deputy roadmasters and other employees necessary to enable the
roadmaster to carry on his duties. (8) However, the personnel of the road-
master's office now comes under the Multnomah County civil service act. (9
The roadmaster's staff includes two engineers at $275, two instrument men at
$200, two chainen at $130, two rodmen at $140, two inspectors at $150, two
draftsmen at $150, one chief clerk at $185, and one stenographer at $125 per
month. These salaries are established by the civil service commission. (10)
Powers and Duties. The law provides that the roadmaster work under the
direction of the county commissioners, (11) and that it is his duty to as-
sist the county commissioner in preparing specifications for work to be done
on any road or bridge within the county. (12) He is required to superintend
all work done upon the roads and bridges of the county, whether under con-
tract or otherwise; to recommend to the county commissioners the method to
be adopted for the construction, repair, and maintenance of roads and bridges;
to report in writing to the county commissioners progress on roads and bridges
within the county; and to investigate petitions for road improvements and to
report his findings with his recommendations, in writing, to the county com-
missioners. He makes progress estimates based upon the amount of work done
and the value of material in place upon all contracts for bridges or roadwork
within the county, and certifies such facts to the county commissioners in
writing. He opens, as directed by the county commissioners, all public roads
laid out and established by law within the county, and keeps them in repair.
He erects and maintains guide posts at the forks of all principal roads and
at all crossings of public roads. He also performs such other duties as may
be imposed on him by the laws of the State or assigned to him by the county
commissioners. (13)
The county roadmaster has charge of all county road tools and equipment
and reports shortages to the county commissioners. (14)
Introduction. Under a legislative act of 1887, the county courts of
the various counties were authorized to appoint an experienced stockman to
serve as stock inspector for an indefinite term. (1) This office was the
8.
9.
1917 S. L. ch. 299;
1929 S. L. ch. 162;
10. 1929 S. L. ch. 162;
11. 1917 S. L. ch. 299;
12.
1917 S. L. ch. 299;
13. 1917 S. L. ch. 299;
14. 1917 S. L. ch. 299;
entries 21, 22.
L. 1887, p. 101.
XXXVI. STOCK (Brand) INSPECTOR
1.
1930 0. C. Ann. sec. 44-1405.
1930 0. C. Ann. sec. 27-2907.
1930 0. C. Ann. sec. 27-2907.
1930 0. C. Ann. sec. 44-1407.
1930 0. C. Ann. sec. 44-1407.
1930 0. C. Ann. sec. 44-1407.
1930 0. C. Ann. sec. 44-1407. See vol. II,
178
Stock (Brand) Inspector
successor to that of county sheep inspector, which had existed in Multnomah
County from 1881 to 1887. (2) The first stock inspector of Multnomah County
was appointed in February 1893. (3)
As amended in 1915, the law authorized the Governor to appoint a stock
inspector to serve for a term of two years. (4) A later act of 1931 pro-
vides that the county stock inspectors are to be appointed by the Director
of the State Department of Agriculture upon recommendation of the Cattle and
Horse Raisers' Association of Oregon. (5)
Compensation. The owner of stock was formerly required by law to pay
for inspection ten cents per head for cattle or horses weighing more than
400 pounds, and five cents per head for animals weighing less than 400 pounds.
(6) This money was collected by the stock inspector and paid to the Cattle
and Horse Raisers' Association. In addition, the inspector collected from
the owner ten cents a mile to cover the cost of half the inspector's mileage.
This law was declared unconstitutional by the United States District Court on
the ground that it took one citizen's property and gave it to another. (7)
Under legislation enacted in 1939, the stock inspector is allowed ten
cents a mile one way for the distances traveled to perform his duties, and
the inspection fees scheduled by law, all of which is to be paid by the owner
or shipper of the livestock inspected. (8)
Deputies. The stock inspector is empowered to appoint deputy inspec-
tors, for whose acts he is responsible. (9)
Powers and Duties. The stock inspector is charged with the enforcement
of all laws of Oregon for the protection of the rights and interests of stock
owners. He is granted full power to arrest, without warrant, any person
violating the provisions of these laws. (10)
A stock owner desiring to ship animals out of the State furnishes to
the stock inspector a certificate describing fully the stock to be shipped,
stating the age, sex, and the brands and flesh marks on each of the animals.
(11) The certificate also contains the names and addresses of the owner,
2.
3
4
5
Commissioners' Journal, vol. 6, p. 353 (old series). See also L. 1878,
p. 109, as amended L. 1880, p. 23.
Commissioners' Journal, vol. 18, p. 4 (old series).
1915 S. L. ch. 33; 1930 0. C. Ann. sec. 20-1201.
1931 S. L. ch. 136; 1935 0. C. Ann. Supp. sec. 18-3807; for manner of
removal, see Board of County Commissioners, p. 87.
ch. 33; 1930 0. C. Ann. sec. 20-1204.
21 Federal (2d) p. 72.
6. 1915 S. L.
T
8. 1939 S. L. ch. 438.
9.
10.
11.
1915 S. L. ch. 33; 1930 0. C. Ann. sec. 20-1201.
1930 0. C. Ann. sec. 20-1202.
1930 0. C. Ann. sec. 20-1203.
1915 S. L. ch. 33;
1915 S. L. ch. 33;
-
179
Veterinarian
shipper, and consignee. (12) The shipper is further required to certify
that he is either the owner of the livestock or that he is in lawful posses-
sion of them. (13)
If the stock inspector is satisfied as to the correctness of the cer-
tificate furnished him, he is required to record the data in a book provided
by the county court for that purpose. (14) He is further required to fur-
nish a certificate in duplicate to the common carrier, a copy of which the
carrier keeps on file in his office. The other copy is attached to the bill
of lading and is delivered to any authorized stock inspector at the point of
destination. (15)
Brand inspectors are required to investigate the movement of livestock
or carcasses on roads and highways, trails, and ranges and to ascertain
whether they are being moved in accordance with law. (16)
Records. The stock inspector is required to keep record books in which
he enters a description of the marks and brands used by each owner in his
county for the marking and branding of his horses, cattle, sheep, and hogs.
(17) He also keeps a public record, indexed and subject to public inspec-
tion, of all strays and transit livestock with their description and loca-
tion. (18) At the end of the inspector's term of office this record is
delivered to his successor or to the county commissioners. (19)
Introduction. The office of county veterinarian was created in 1909 by
an act of the Legislature, which authorized the appointment of veterinarians
in the various counties of the State. (1) Prior to 1909 there had been a
State Veterinarian who was empowered to appoint local inspectors in locali-
ties where the former Oregon Domestic Animal Commission deemed it necessary
to assist him in the establishment, maintenance, and enforcement of quaran-
tine and sanitary measures. (2) The first appointment of a veterinarian in
Multnomah County was made by the county court in 1912, in conformity with
17. L. 1887, p. 105;
18. L. 1887, p. 105;
19.
1.
2.
XXXVII. VETERINARIAN
12. 1915 S. L. ch. 33; 1930 0. C. Ann. sec. 20-1203.
13. 1915 S. L. ch. 33;
14. 1915 S. L. ch. 33;
15. 1915 S. L. ch. 33;
16. 1915 S. L. ch. 33;
ch. 75.
1930 0. C. Ann. sec. 20-1205.
1930 0. C. Ann. sec. 20-1212.
1930 0. C. Ann. sec. 20-1205.
1930 0. C. Ann. sec. 20-1114, as amended 1939 S. L.
1930 0. C. Ann. sec. 20-1212.
1930 0. C. Ann. sec. 20-1212.
L. 1887, p. 105; 1930 0. C. Ann. sec. 20-1212.
1909 S. L. ch. 213; 1930 0. C. Ann. sec. 20-901.
L. 1889, p. 93.
1.80.
O
Veterinarian
the law of 1909. (3) Appointments are subject to the approval of the State
Board of Health. (4)
Qualifications, Oath, and Bond. The veterinarian is required to be a
graduate of a recognized veterinary college (5) and a resident of the county
in which he is appointed. (6) He is further required to take an oath of
office and to exccute a bond of $1,000 in favor of the State. (7)
Compensation. Originally the veterinarian was paid a salary of $5 for
each day, up to a total of 100 days actually spent in the performance of his
duties. (8) Since 1921 he has been paid $10 per day for services not exceed-
ing 40 days in any one year. (9)
Powers and Duties. The county veterinarian is invested with all the
power of a deputy veterinarian of the State Department of Agriculture within
his county and performs his duties under the direction of the department, in
accordance with its rules and regulations. (10) In general, the county vet-
erinarian is charged with eradication and control of communicable animal dis-
eases and may be directed by the Department of Agriculture to take all neces-
sary measures to that end. (11)
For the protection of cattle in his county, he may be designated to
test with tuberculin any cattle brought into his county from outside the
State for breeding or dairy purposes. (12) He is authorized to order the
immediate destruction of animals showing positive reaction to the tuberculin
test. (13)
3.
The veterinarian may order persons in charge of domestic animals af-
fected with, or exposed to, mange, scab, or other communicable skin diseases
to have the animals dipped or otherwise treated. (14) He may perform this
work himself if the person in charge of the animals fails to do so, and the
4.•
5.
6.
7
8.
9.
10.
11.
12.
13.
14.
►
Commissioners' Journal, vol. 4, p. 51 (new series), April 1, 1912.
1909 S. L. ch. 213; for manner of removal, see Board of County Commis-
sioners, p. 87.
1913 S. L. ch. 14; 1930 0. C. Ann. sec. 20-203, as amended 1939 S. L.
ch. 23.
Const. art. VI, sec. 8.
1913 S. L. ch. 14; 1930 0. C. Ann. sec. 20-203, as amended 1939 S. L.
ch. `23.
1913 S. L. ch. 14.
1921 S. L. ch. 282; 1930 0. C. Ann. sec. 20-203.
1913 S. L. ch. 14; 1930 0. C. Ann. sec. 20-203, as amended 1939 S. L.
ch. 23.
1913 S. L. ch. 14; 1930 0. C. Ann. sec. 20-203, as amended 1939 S. L.
ch. 23.
1913 S. L. ch. 14; 1930 0. C. Ann. sec. 20-403, as amended 1939 S. L.
ch. 34.
1913 S. L. ch. 14; 1930 0. C. Ann. sec. 20-403, as amended 1939 S. L.
ch. 34.
1913 S. L. ch. 14; 1930 C. C. Ann. sec. 20-406, as amended 1939 S. L.
ch. 34.
181.
Dairy Herd Inspector
expense is paid by the owners of the animals. (15) If the costs are not
paid within five days, the official who administered treatment may sell the
animals at public auction. (16)
Officers in charge of State institutions are required to report, quar-
terly, to the State Department of Agriculture the names of those furnishing
milk and milk products to such institutions and the county veterinarian may
be requested to test with tuberculin all cows from which dairy products are
obtained. He is required to remove infected cows from the dairy herd and to
restrict the sale of their products. (17) He also may be required to test
animals to be exhibited at any State, district, or county fair or livestock
exhibit. (18)
Records. The veterinarian is required to submit regular monthly re-
ports to the State Director of Agriculture, as well as annual statistical
reports to the State Department of Agriculture. (19)
Introduction. The office of county dairy herd inspector was created in
1927 by an act of the Legislature, which authorized the appointment of in-
spectors in all counties of the State having a greater number of dairy
animals than beef animals, as shown by the United States census of 1920. (1)
Prior to 1927, county dairy herd inspectors had been authorized in particu-
lar counties. (2) The first appointment of a county dairy herd inspector in
Multnomah County was made by the county commissioners in 1926, (3) in con-
formity with the law of 1925. (4) Appointments are subject to the approval
of the State Director of Agriculture. (5)
15.
Qualifications, Oath, and Bond. The county dairy herd inspector is re-
quired to be a graduate of a recognized veterinary college, having a course
16.
17.
18.
2.
22
XXXVIII. DAIRY HERD INSPECTOR
3.
4.
5.
1913 S. L. ch. 14; 1930 0. C. Ann. sec. 20-406, as amended 1939 S. L.
ch. 34.
19.
1. 1927 S. L. ch. 348.
1913 S. L. ch. 14; 1930 0. C. Ann. sec. 20-406, as amended 1939 S. L.
ch. 34.
1913 S. L. ch. 14; 1930 0. C. Ann. sec. 20-411, as amended 1939 S. L.
ch. 34.
1913 S. L. ch. 14; 1930 0. C. Ann. sec. 20-417, as amended 1939 S. L.
ch. 34.
1939 S. L. chs. 15, 23.
1917 S. L. ch. 146; 1923 S. L. ch. 104; 1925 S. L. ch. 366.
Commissioners' Journal, vol. 23, p. 85 (new series).
1925 S. L. ch. 366.
1927 S. L. ch. 348; 1930 0. C. Ann. sec. 20-801, as amended 1939 S. L.
ch. 94.
-
182
Dairy Herd Inspector
of not less than three years. (6) He must be an elector of the county (7)
and reside there during his term of office. (8) He is required to file an
oath of office (9) and to give a bond of $1,000. (10)
Tenure. The county dairy herd inspector and his assistants hold office
at the pleasure of the county commissioners, are subject to removal for mis-
conduct at any time, but, in either event, a successor must be appointed im-
mediately. (11)
Compensation. The county dairy herd inspector is paid inspection fees
by the owners of the cattle tested. (12) The county commissioners may in-
crease the compensation by the payment of an additional 15 cents per head on
the basis of the inspector's monthly report. (13)
Powers and Duties. The inspector is empowered to enter and to use for
inspection purposes the premises where animals subject to test are kept, (14)
and hè is entitled to necessary assistance from the person in charge of the
animals. (15) He and his assistants are invested by law with the powers of
a Deputy State Veterinarian within the county for which he is appointed sub-
ject to revocation of these powers by the Director of Agriculture. (16)
6.
7.
8.
9.
10.
11.
The inspector works under the direction of the State Department of
Agriculture and is subject to its rules and regulations. (17) He is re-
quired to enforce the provisions of the law relating to sanitary supervision
over livestock, fur bearing animals, and poultry. (18) He supervises the
sale and use of certain biological products, such as vaccines, toxins, and
serums. (19) He complies with the laws relating to eradication of conta-
gious diseases of cattle, (20) the treatment of animals having communicable
12.
13.
14.
15.
16.
17.
18.
19.
20.
1927 S. L. ch. 348; 1930 0. C. Ann. sec. 20-803.
Const. art. VI, sec. 8.
1927 S. L. ch. 348; 1930 0. C. Ann. sec. 20-803.
Const. art. XV, sec. 3.
1927 S. L. ch. 348; 1930 0. C. Ann. sec. 20-808.
1927 S. L. oh. 348; 1930 0. C. Ann. sec. 20-801, as amended 1939 S. L.
ch. 94; for manner of removal, see Board of County Commissioners, p. 87.
1927 S. L. ch. 348; 1930 0. C. Ann. sec. 20-802.
1930 0. C. Ann. sec. 20–802.
1927 S. L. ch. 348;
1927 S. L. ch. 348;
1930 0. C. Ann. sec. 20-807, as amended 1939 S. L.
ch. 94.
1927 S. L. ch. 348; 1930 0. C. Ann. sec. 20-807, as amended 1939 S. L.
ch. 94.
1927 S. L. ch. 348; 1930 0. C. Ann. sec. 20-804, as amended 1939 S. L.
ch. 94.
1927 S. L. ch. 348; 1930 0. C. Ann. sec. 20-804, as amended 1939 S. L.
ch. 94.
1927 S. L. ch. 348; 1930 0. C. Ann. sec. 20-103, as amended 1939 S. L.
chs. 17, 253.
1927 S. L. ch. 348; 1930 0. C. Ann. sec. 20-104, as amended 1939 S. L.
ch. 17.
1927 S. L. ch. 348; 1930 0. C. Ann. sec. 20804, as amended 1939 S. L.
ch. 94.
G
• 183.
Dairy Herd Inspector
diseases, (21) and orders the quarantine or destruction of such animals
whencver nccessary. (22)
The county dairy herd inspector is required to inspect annually every
bovine animal within his county and to administer the tuberculin test, as a
means to prevent the spread of bovine tuberculosis and other infectious or
communicable diseases among dairy cattle. (23)
He is required to apply a metal tag, bearing a serial number and the
name of the county where tested, to the right ear of each animal tuberculin
tested and found free of disease, (24) and within ten days after the inspec-
tion, to deliver to the owner of the animals a certificate of health inspec-
tion, describing the animals inspected and showing the result of the test.
(25) Animals showing a positive reaction to the tuberculin test are to have
a condemnation tag placed on the left ear and must be branded with the let-
ter "T" on the left jaw. (26) Exercising the powers of a Deputy State Vet-
erinarian, the inspector then must quarantine or condemn the animals. (27)
The county dairy herd inspector is qualified to issue written certifi-
cates authorizing the import into any county of bovine dairy livestock found
free of bovine tuberculosis or other diseases of cattle. (28)
The county dairy herd inspector makes triplicate monthly reports of
activities before the tenth day of the succeeding month, one copy of which
is filed with the State Department of Agriculture, one with the county com-
missioners, and one is retained by the inspector. (29) In addition, he fur-
nishes statistical reports to the Department of Agriculture annually on
forms provided by the Director, showing such information as the Director may
require. (30)
21.
22.
23.
24.
25.
26.
27.
28.
29.
1927 S. L. ch. 348; 1930 0. C. Ann. sec. 20-406, as amended 1939 S. L.
ch. 34.
1927 S. L. ch. 348; 1930 0. C. Ann. sec. 20-408, as amended 1939 S. L.
ch. 34.
1927 S. L. ch. 348; 1930 0. C. Ann. secs. 20-804, 20-805, as amended
1939 S. L. ch. 94.
1927 S. L. ch. 348; 1930 0. C. Ann. sec. 20-804, as amended 1939 S. L.
ch. 94.
1927 S. L. ch. 348; 1930 0. C. Ann. sec. 20-804, as amended 1939 S. L.
ch. 94,
1927 $. L. ch. 348; 1930 0. C. Ann. sec. 20-804, as amended 1939 S. L.
ch, 94.
L.
1927 S. L, ch. 348; 1930 0. C. Ann. sec. 20-804, as amended 1939 S.
ch, 94.
1927 S. L. ch. 348; 1930 0. C. Ann. sec. 20-814, as amended 1939 S. L.
ch. 94.
1927 S. L. ch. 348; 1930 0. C. Ann. sec. 20-806, as amended 1939 S. L.
ch. 94.
30. 1939 S. L. ch. 15.
184
-
T
Bang's Disease Inspector
Records. That the inspector must keep accounts is presumed from statu-
tory requirements that the monthly reports to the county commissioners shall
include the owner's name, the number and kind of animals tested, and the
amount of fees collected; (31) and further, from the fact that the inspector
is given a lien to secure payment of unpaid inspection fees. (32) When in-
spection fees are more than 30 days delinquent, the amount is included in a
separate column on the assessment roll to be collected by the tax collector
as other personal taxes are collected. (33)
Code
Introduction. Contagious abortion in cattle has been called Bang's
disease after B. L. F. Bang, a noted Danish scientist who in 1896 discovered
its cause and devoted much study to its treatment and the possibility of im-
muni zing dairy herds. (1)
The Oregon Legislature first provided for control of this disease by
creating the office of county Bang's disease inspector in 1935. (2) Congress
invested the United States Department of Agriculture with power to make reg-
ulations for the suppression of contagious, infectious, and otherwise com-
municable animal disease in 1884, and authorized it to cooperate with those
states and territories whose plans are acceptable and to make expenditures
for this purpose. (3)
31.
32.
33.
Compulsory Bang's disease inspection is provided for in those counties
having a greater number of dairy cattle than beef animals as shown by the
United States Department of Commerce census. (4)
1.
2.
3
XXXIX. BANG'S DISEASE INSPECTOR
In counties where Bang's disease inspection is not mandatory, when peti-
tions of 60 percent or more of dairy cattle owners, or when certificates of
the State Department of Agriculture are presented to the county court stating
that 70 percent or more of the dairy animals of the county have been tested
for Bang's disease within two years, the county court must provide for test-
ing at least once during the ensuing year. (5)
4.
5.
TE
1939 S. L. ch. 503.
Ibid.
1927 S. L. ch. 348; 1930 0. C. Ann. sec. 20-802.
1927 S. L. ch. 348; 1930 0. C. Ann. sec. 20-813, as amended 1939 S. L.
ch. 94.
L.
1927 S. L. ch. 348; 1930 0. C. Ann. sec. 20-813, as amended 1939 S.
ch. 94.
The Americana, vol. III, p. 141.
1935 S. L. ch. 432; 1935 0. C. Ann. Supp. secs. 20-428 to 20-446.
U. S. C. A. Title 21, sec. 114.
Caly
185 -
Bang's Disease Inspector
In January 1939 the Multnomah county board of commissioners appointed
a Bang's disease inspector, (6) to serve at the pleasure of the county
court and the State Department of Agriculture. (7)
Mar
Vale. My mo
Qualifications, Oath, and Bond. The Bang's disease inspector is re-
quired to be a graduate of an accredited veterinary college, and must be
accredited by the United States Department of Agriculture. (8) He is re-
quired to file an oath of office and to furnish a bond of $1,000. (9) He
must reside within the county during his term of office. (10)
Compensation. The board of commissioners may allow the Bang's disease
inspector not to exceed 22 cents per head for his services. Office supplies,
test tubes, and notification cards are paid for by the county, while labora-
tory and ta gging costs are paid by the State. (11)
Lay Deputies. If, in the opinion of the board of commissioners and the
State Department of Agriculture, it becomes necessary to employ additional
assistants in order to carry out inspection duties, the commissioners, with
the approval of the State Department of Agriculture, may appoint lay deputies
empowered to perform the duties of a county Bang's disease inspector. (12)
Powers and Duties. The county Bang's disease inspector is invested
with all the powers of a Deputy State Veterinarian within the county. (13)
He is required to work at all times under the direction of the State Depart-
ment of Agriculture and to be governed by its rules and the provisions of
law relating to the sanitary supervision of the State Department of Agricul-
ture over the livestock, poultry, and fur bearing animals of the State. (14)
He and his assistants supervise the procurement and use of vaccines, toxins,
and seruns prepared by the Oregon State College. (15) It is his duty to
report to the State Department of Agriculture all cases of infectious and
contagious animal disease within five days after such cases become known to
him. (16)
The county Bang's disease inspector is given the right to enter the
premises where bovine animals are kept and may make necessary use of the
premises for inspection purposes. He is entitled to the assistance of the
persons in charge of the animals. Unless the State Department of Agricul-
ture orders biennial testing, the inspector makes his inspection annually,
so that every bovine animal in the county, excepting range animals that
5.
Commissioners' Journal, vol. 46, p. 9 (new series).
7. 1939 S. L. ch. 503.
8. Ibid.
9. 1939 S. L. ch. 503; Const. art. VI, sec. 7.
10. 1939 S. L. ch. 503.
11.
12.
Ibid.
Ibid.
13. Ibid.
14. 1939 S. L. ch. 253.
15. 1939 S. L. ch. 17.
16. 1939 S. L. ch. 29.
LA
- 186
Bang's Disease Inspector
cannot be made available for test without unreasonable expense, shall be in-
spected at least once in each year. All heifers over six months of age and
all cows and bulls in the herd are subject to the annual tests. If it is
considered practicable by the Bang's disease inspector and the county court,
the Bang's disease and tuberculin tests may be made simultaneously. (17)
Animals that have been tested by State or Federal Veterinarians in
accordance with the laws of Oregon are exempt from test by the county Bang's
disease inspector. (18)
The county Bang's disease inspector is required to deliver to the owner
of animals tested a certificate of health or evidence of inspection. This
certificate shows the age, sex, breed, tag number, laboratory record, result
of test, and such other information as is required by the State Department
of Agriculture. He places a metal tag or legible tattoo mark containing an
identification number on the right ear of each animal found free of Bang's
disease. Those found to be affected by the disease are earmarked with con-
demnation tag and are branded with a "B" on the left jaw or hip. (19)
Provision has been made for indemnifying the owners of cattle affected
by Bang's disease under certain circumstances. Whenever funds are available
from the Federal, State, and county governments for the purpose, owners of
such cattle may receive $8 per head for grade animals and $12 per head for reg-
istered purebred cattle when the animals are condemned and slaughtered. (20)
Whenever indemnities are discontinued, the owner may keep his Bang's
disease affected animals, provided that he follows the rules and regulations
of the State Department of Agriculture and keeps these animals separate from
non-infected cattle and away from any neighboring cattle owner's property
line. The owner is also required to build up a Bang's disease free herd.
Bang's disease infected animals may not be disposed of without permission from
the Bang's disease inspector or the State Department of Agriculture. (21)
In counties classed as Bang's disease free by the State Department of
Agriculture, or classed as counties in which Bang's disease control work is
being carried on, a certificate of health and inspection is required for all
bovine animals entering the counties, unless for immediate slaughter or yard
feeding and fattening purposes, and such animals are covered by an exemption
permit issued by the State Department of Agriculture. Animals in continuous
transit through the county are also exempt if kept apart from other bovine
animals. (22)
Records. The county Bang's disease inspector is required to prepare
monthly reports of his work in triplicate, one copy of which he sends to the
17. 1939 S. L. ch. 503.
18. Ibid.
19. Ibid.
20. Ibid.
21. Ibid.
22. Ibid.
187
Horticultural Inspector
State Department of Agriculture One copy he files with the board of com-
missioners, and the third he retains. (23) He also keeps a record of cer-
tificates issued, and retains copies of correspondence and bulletins, rules,
and regulations of the State Department of Agriculture, the Oregon State
College, and the Federal Bureau of Animal Industry.
Introduction. Inspection and conservation of horticulture were first
provided for by Taw in Oregon in 1889, when the Legislature created a State
Board of Horticulture. (1) At that time, special emphasis was placed on the
hop and fruit industries. (2) The membership of the State Board of Horti-
culture consisted of six persons appointed by the Governor, the Secretary of
State, and the State Treasurer. (3) For the purpose of administration of
this law, the State was divided into five districts, one member of the
board serving from and residing in each district. (4) The sixth member was
appointed from the State at large. (5) The members of the board were re-
quired to visit orchards, vineyards, or other places within their districts,
make inspections, and quarantine infested or infected areas. (6)
23. 1939 S. L. ch. 359.
1. L. 1889, p. 126.
2. L. 1889, p. 127.
3. L. 1889, p. 126.
Ibid..
4.
5.
Ibid.
XL. HORTICULTURAL INSPECTOR
In 1905 the Oregon Legislature enacted a law providing for the appoint-
ment of county fruit inspectors. (7) The fruit inspector was required to
enforce the horticultural laws of the State and to inspect apple or other
fruit orchards of the county and nursery stock. (8) Although known as the
county fruit inspector, he was responsible to both the State Board of Horti-
culture and to the county court. (9) The term "county fruit inspector" seems
to be derived from the title of the original act, (10) but in the statute the
office is referred to as that of "county inspector." (11) Duties of this
office were progressively enlarged by amending statutes, (12) until in 1930
the inspector's duties involved all horticultural matters.
6. Ibid.
8.
7. 1905 S. L. ch. 222;
1905 S. L. ch. 222;
1905 S. L. ch. 222;
1905 S. L. ch. 222;
1905 S. L. ch. 222.
9.
10.
11.
12.
1935 0. C. Ann. Supp. sec. 18-2607.
1935 0. C. Ann. Supp. sec. 18-2606.
1935 0. C. Ann. Supp. sec. 18-2610.
1935 0. C. Ann. Supp. sec. 18-2608.
1913 S. L. ch. 174; 1915 S. L. ch. 205; 1917 S. L. ch. 235;
1930 0. C. Ann. sec. 18-2601.
· 188.
Horticultural Inspector
In 1931, the law of 1905 was repealed, (13) but was then re-enacted
in essentially the same language, except that the inspector was described
as county horticultural inspector. (14) The office has been known under
this name since, but in isolated instances, such as laws relating to in-
spection of ginseng, (15) repealed in 1939, (16) the inspector has been
referred to as the county fruit inspector. Although the office has been
called fruit inspector in some counties, the correct name is county horti-
cultural inspector. (17)
The early inspectors were partially responsible to the State Board of
Horticulture, but with the abolition of that board in 1931 (18) and the
transfer of its powers to the Department of Agriculture, (19) the county
horticultural inspector became partially responsible to the State Department
of Agriculture. (20) In 1939, when the State Department of Agriculture was
reorganized, and divided into six divisions under a State Director and five
division chiefs, (21) the county horticultural inspector continued to be
partially responsible to the State Department of Agriculture. (22)
Manner of Selection. The horticultural inspectors are appointed by
the county commissioners upon petition of not less than 25 resident fruit
growers in the county. (23) The first horticultural inspector in Multnomah
County was appointed by the county court in 1906, (24) to hold office at
the pleasure of the court. The horticultural inspector is recommended by
the State Director of Agriculture. (25)
Qualifications, Oath, and Bond. The county horticultural inspector is
required to be a citizen or the United States, a qualified elector under the
State Constitution, and a resident of the county. (26) He is required to
take an oath of office, (27) but no bond is required.
Compensation.
The county commissioners, when notified of the certifi-
cation of the county horticultural inspector's report to the State Department
13. 1931 S. L. ch. 232;
14. 1931 S. L. ch. 232;
15. 1911 S. L. ch. 154;
16. 1939 S. L. ch. 22.
17.
1931 S. L. ch. 232; 1935 0. C. Ann. Supp. sec. 18-2606, as amended
1939 S. L. ch. 23.
1905 S. L. ch. 222; 1931 S. L. ch. 136; 1935 0. C. Ann. Supp.
sec. 18-3805.
18.
1935 0. C. Ann. Supp. sec. 18-2606.
1935 0. C. Ann. Supp. sec. 18-2606.
1930 0. C. Ann. sec. 18-3203.
19.
1931 S. L. ch. 136; 1935 0. C. Ann. Supp. sec. 18-3808.
1935 0. C. Ann. Supp. sec. 18-3807.
1931 S. L. ch. 136;
20.
21. 1939 S. L. ch. 15.
22.
1939 S. L. ch. 24.
23.
24.
1905 S. L. ch. 222; 1930 0. C. Ann. sec. 18-2601.
Commissioners' Journal, vol. 24, p. 442 (new series).
1905 S. L. ch. 222; 1930 0. C. Ann. sec. 18-2601.
Const. art. XV, sec. 3.
25.
26.
27. Const. art. VI, sec. 7.
189.
Dog Control Board
of Agriculture, pay the horticultural inspector $10.00 per day for actual
services performed, plus necessary expenses. (28)
Powers and Duties. The duties of the county horticultural inspector
to inspect all orchards, nurseries, trees, shrubs, vines, fruits,
vegetables, plants, packing houses, warehouses, and storerooms within the
county for the purpose of controlling and eradicating infectious plant dis-
eases. (29) He is required to enforce regulations of the State Department
of Agriculture governing the handling, drying, and packing of prunes, apples,
loganberries, or other fruits, evaporated and packed for marketing. (30) He
also enforces all other horticultural laws and regulations of the State. (31)
A county or State inspector is required to inspect and approve all shipments
of horticultural stock for transplanting or sale, also seed for planting
before shipments have been delivered to the consignee. (32)
are:
Appeals. Decisions of the county horticultural inspectors or Deputy
State Inspectors may be appealed to the State Department of Agriculture, the
department's rulings thereon to be in full force unless set aside by the
courts. (33)
Records. The county horticultural inspector makes monthly reports to
the State Department of Agriculture, showing his time and such expenses in-
curred for which he is entitled to pay. The State Agricultural Commissioner,
in whose district he is located, certifies statements and vouchers of the
inspector, and authorizes payment. The horticultural inspector keeps dupli-
cate reports of his investigations and expenses, as well as copies of his
regular reports to the State Department of Agriculture. (34)
28.
29.
30.
31.
32.
33.
34.
XLI. DOG CONTROL BOARD
Introduction. A legislative act of 1919 authorized the county commis-
1931 S. L. ch. 232; 1935 0. C. Ann. Supp. sec. 18-2610, as amended
1939 S. L. ch. 23.
1905 S. L. ch. 222; 1935 0. C. Ann. Supp. sec. 18-2606, as amended
1939 S. L. ch. 23.
1931 S. L. ch. 232; 1935 0. C. Ann. Supp. sec. 18-2606, as amended
1939 S. L. ch. 23.
1913 S. L. ch. 174; 1935 0. C. Ann. Supp. sec. 18-2606, as amended
1939 S. L. ch. 23.
1905 S. L. ch. 222; 1931 S. L. ch. 232; 1935 0. C. Ann. Supp. sec.
18-2606.
1931 S. L. ch. 232; 1935 0. C. Ann. Supp. sec. 18-2611, as amended
1939 S. L. ch. 24.
1905 S. L. ch. 222; 1931 S. L. ch. 232; 1935 0. C. Ann. Supp. sec.
18-2610.
190 -
Dog Control Board
sioners to create dog control districts. (1) If a petition, signed by not
less than 50 owners of sheep or goats in the county, is presented to the
county commissioners, the commissioners must declare the county a dog con-
trol district. (2) A dog control board was appointed in Multnomah County
in 1925. (3)
Membership and Tenure. The dog control board in Multnomah County is
composed of three resident supervisors, appointed by the county commission-
ers to serve for two years. (4)
Compensation. The members of the dog control board receive no compen-
sation except for necessary expenses. (5)
Powers and Duties. The dog control board has full authority to enforce
all laws relating to dogs. The board is required to employ an enforcement
officer, who receives his compensation from the dog license fund. (6)
Acting under the direct supervision of the dog control board, the en-
forcement officer has authority to make arrests, collect fees, to kill all
dogs not licensed, and to do whatever the law permits to reduce the damage
inflicted by dogs upon domestic animals. (7)
Claims for Damages. Claims for damages inflicted by dogs are heard by
the county commissioners. The owner of the sheep, goats, or other domestic
animals killed by dogs must file a verified statement, within ten days,
stating the amount of damages. The claim must be supported by the affi-
davit of at least one disinterested person. (8) Upon allowance of the claim
by the county commissioners, a record of the value of each animal killed is
filed with the county clerk, and a warrant is ordered drawn upon the county
treasurer for the amount fixed by the commissioners, to be paid from the dog
fund. (9)
Records. The dog control board is not required to keep any records.
1.
2.
3.
40
5
6. Ibid.
7.
8.
1919 S. L. ch. 186; 1930 0. C. Ann. sec. 20-2310, as amended 1931
S. L. ch. 155.
1933 S. L. ch. 228, as amended 1939 S. L. ch. 317.
Commissioners' Journal, vol. 22, p. 59 (new series).
1933 S. L. ch. 228, as amended 1939 S. L. ch. 317.
Ibid.
9.
1929 S. L. ch. 430; 1930 0. C. Ann. sec. 20-2309.
1919 S. L. ch. 186;
1919 S. L. ch. 186;
1930 0. C. Ann. sec. 20-2319.
1930 0. C. Ann. sec. 20-2320.
敲
​- 191 -
An enactment of the Legislature in 1913 provided for the creation in
each county of a fair board, the members of which were to be appointed by
the county court. (1) It was stipulated, however, that when a fair board or
agricultural society was already established in a county prior to the act,
the officials of the organization may constitute the county fair board. (2)
Although the first county fair association was organized in Multnomah
County in 1859, (3) the immediate predecessor to the present organization
was the Grange Fair Association, incorporated in 1908. (4) In 1912 the name
was changed to "Multnomah County Fair," (5) and in 1925 the association was
re-incorporated under the same name but with increased capital stock. (6)
The Multnomah County fairgrounds are owned by the county and are leased
to the Multnomah County Fair, a non-profit corporation, with the provision
that the net profits received from the annual fairs are to be expended for
the improvement of the fair grounds and buildings. (7)
Upon the application of the treasurer of the Multnomah County Fair, the
county commissioners not later than July 31 of each year are required to turn
over to the association the sum of $5,000, provided that the sum is not to
be used except for the purpose of paying premiums upon exhibits. Such funds
are provided by a levy of one-twentieth mill tax on all taxable property of
the State. (8)
The records of the county fair are private books and papers and are not
public records. As the fair receives financial aid from the county, its
books are audited annually by the county, and the treasurer of the county
fair is required to furnish a bond fixed by the association. (9)
1.
XLII. MULTIOMAH COUNTY FAIR
The president and secretary of the fair are required to furnish written
reports of its operations and finances to the county commissioners. (10)
2.
3.
+ 5 6
4.
5.
6.
9.
10.
1913 S. L. ch. 146; 1915 S. L. ch. 70; 1930 0. C. Ann. sec. 18-301.
1913 S. L. ch. 146; 1930 0. C. Ann. sec. 18-310.
George H. Himes, "History of Organization of Oregon State Agriculture
Society." Oregon Historical Quarterly, 1907, vol. VIII, pp. 327, 328.
Record of Incorporations, 300k 19, p. 16.
Ibid., 23, p. 17.
Ibid., 43, p. 180.
7. Fair Board Files, 1930--, see entry 4, vol. II.
8. 1913 S. L. chs. 146, 396; 1930 0. C. Ann. sec. 18-306, as amended
1931 S. L. ch. 296.
1931 S. L. ch. 144; 1935 0. C. Ann. Supp. secs. 18-517, 18-518.
1931 S. L. ch. 144; 1935 0. C. Ann. Supp. secs. 18-517, 18-518.
- 192 -
II.
SELECTED BIBLIOGRAPHY
I. General Works on County Government in the United States.
Bromage, Arthur W., State Government and Administration in the United
States, New York: Harper and Brothers, 1936.
Fairlie, John A., and Kneier, Charles M., County Government and
Administration, New York: The Century Co., 1930.
Gooch, R. K., Manual of Government in the United States, New York:
D. Van Nostrand Co., 1939.
Lancaster, Lane W., Government in Rural America, New York: D. Van
Nostrand Co., 1937.
VE TË AUGUS
Porter, Kirk H., County and Township Government in the United States,
New York: The MacMillan Company, 1922.
Legal Documents.
(The following selected titles refer only to the chief legal sources
used in preparing this inventory. The list is not intended as a
complete bibliography of the session laws or codes bearing on county
government in Oregon).
Code of Civil Procedure, and other General Statutes of Oregon.
Compiled by--M. P. Deady, A. C. Gibbs, J. K. Kelly--code commis-
sioners. Asahel Bush, State Frinter, Salem, Oregon, 1862.
Laws, General and Special passed by the Territorial Legislative
Assemblies, 1850-59. Asahel Bush, Territorial Printer, Oregon
City, Oregon, 1851; Salem, Oregon, 1852-59.
MAY
Laws, General and Special, Resolutions and Memorials passed by the
Legislature of the State of Oregon, 1859-1939, State Printer,
Salem, Oregon. (Title varies). 119 volumes.
Laws of a General and Local Nature--Legislative Assemblies, 1843-49.
Asahel Bush, Territorial Printer, Salem, Oregon, 1853.
Oregon Archives--including the journals, governor's messages, and
public papers of Oregon, 1843-49. By LaFayette Grover. Asahel
Bush, Territorial Printer, Salem, Oregon, 1855.
Oregon Code Annotated, 1930.
Compiled under the supervision of the Supreme Court of the State
of Oregon.
Vol. I--Constitutions, civil code, crimes, criminal code, dece-
dent's estates, guardianships, wills, justice's practise.
Vol. II--Aeronautics to highways.
193-
Selected Bibliography
III.
Vol. III--Hotels to weights and measures.
Vol. IV--General index.
The Bobbs-Merrill Co., Indianapolis, Ind., 1930.
Oregon Code Supplement Annotated, 1935.
Compiled under the supervision of the Supreme Court of the State
of Oregon. The Bobbs-Merrill Co., Indianapolis, Ind., 1935.
Oregon Law Index--Territorial and State laws to 1866. Stevens-Ness
Law Publishing Co., Portland, Oregon, 1937.
Organic and other General Laws of Oregon, together with the National
Constitution and other public Acts and Statutes of the United
States. Compiled and annotated by M. P. Deady, 1843-72. Eugene
Semple, State Printer, 1874.
Organic and other General Laws of Oregon, together with the National
Constitution and other public Acts and Statutes of the United
States. Compiled and annotated by M. P. Deady, 1845-64. Henry L.
Pittock, State Printer, Portland, Oregon, 1866.
Statutes at Large of the United States of America.
Edited, printed and published under the direction of the Secretary
of State, Washington, 1802--.
United States Code Annotated.
Prepared by the editorial staffs of Edward Thompson Company,
Brooklyn, New York, and West Publishing Co., St. Paul, Minn.
50 vols. and an index. 1925--.
Sources of Material on Multnomah County.
Primary Sources
Atkinson, George H., "Diary," ed. by E. Ruth Rockwood, Oregon
Historical Quarterly, XI, 52-63, 168-187, 265-282. 1939.
Atkinson, George H., "Early History of the Public School System in
Oregon, Oregon Superintendent of Public Instruction, Biennial
Report, 1876, Salem, Oregon: State Printer, 1876.
11
Balloting Records, No. 2025, in the library of the Oregon Historical
Society, Portland, Oregon. 1855.
Biennial Report of the Port of Portland to the Legislative Assembly
of the State of Oregon, 1907-8, 1909-10, 1915-16, 1927-28,
1929-30, 1935-36, 1937-38.
County Commissioners' Journal, Multnomah County. 74 vols. 1854-1939.
Henry, Alexander, and Thompson, David, New Light on the Early History
of the Greater Northwest, 1799-1814; ed. by Elliott Coues, New York:
Francis P. Harper, 1897. 3 vols.
194 -
Selected Bibliography
Howison, Neil M., "Report on Oregon, 1846," Oregon Historical
Quarterly, XIV, 1-60. 1915.
Journal of the Territorial Court, Oregon City, Oregon. 1846-49.
Lewis, Meriwether, and Clark, William, Original Journals; ed. by
Reuben Gold Thwaites, New York: Dodd-Mead and Co., 1904-5.
8 vols.
Lovejoy, Asa L., "Pioneer Narrative, 1842-48," with introduction by
Henry E. Reed, Oregon Historical Quarterly, XXXI, 237-260. 1930.
Oregon State Board of Health, Full Time County Health Units,
pamphlet, Portland, Oregon:
1922.
Oregon State Board of Health, Special Report, twenty-fifth anniver-
sary, Portland, Oregon:
1920.
Original Papers of Incorporation, filed in Room 225, Multnomah County
Courthouse, Portland, Oregon.
Proceedings of the Common Council, Portland, Oregon, filed in the
auditor's office in the City Hall.
Provisional and Territorial Government Papers, No. 5457, No. 6139,
Oregon Historical Society Library, Portland, Oregon.
Scott, Harvey W., History of the Oregon Country, Cambridge, Mass.:
Riverside Press, 1924. 6 vols.
Stevens, Charles, "Letters, " ed. by E. Ruth Rockwood, Oregon
Historical Quarterly, XXXVII, 137-159, 1936; XXXVIII, 63-91. 1937.
Superintendent of Public Instruction, Oregon School Directory,
1938-39, Salem, Oregon: State Printing Department.
Talbot, Theodore, Journals, 1843 and 1849-52; ed. with notes by
Charles H. Carey, Portland, Oregon: Metropolitan Press, 1931.
United States Census, Bureau of the, Census of Agriculture, 1935,
Washington: Government Printing Office.
United States Census, Bureau of the, Fifteenth Census of the
United States Agriculture, Western States, 1930, Washington:
Government Printing Office.
United States Census, Bureau of the, Fifteenth Census of the
United States, 1930. Population, vol. III, part 2, Washington:
Government Printing Office.
United States Census, Bureau of the, Religious Bodies, 1926,
Washington: Government Printing Office. 2 vols.
-
195.
Selected Bibliography
United States Department of Agriculture, Bureau of Soils, Soil
Survey of Multnomah County, Oregon, by C. V. Ruzek and E. J.
Carpenter, Washington: Government Frinting Office, 1922.
United States Department of Commerce, Domestic Commerce Series 51,
Commercial Survey of the Pacific Northwest, by Edwin Bates, Wash-
ington: Government Printing Office, 1932.
Villard, Henry, Memoirs, Boston and New York:
Boston and New York: Houghton, Mifflin
and Co., 1904. 2 vols.
Wyeth, Nathaniel, Correspondence and Journals; ed. by F. G. Young,
Eugene, Oregon: University Press, 1899.
Secondary Sources.
Bancroft, H. H., History of Oregon, San Francisco: The History
Publishing Company, 1886-88. 2 vols.
Barry, J. Neilson, "The Indians of Oregon--Geographic Distribution
of Linguistic Families, Oregon Historical Quarterly, XXVIII,
49-61. 1927.
#1
Barry, J. Neilson, "Use of Soil Products by Indians, Oregon
Historical Quarterly, XXX, 43-52. 1929.
Bradley, Marie M., "Political Beginnings in Oregon, 1839-49,"
Oregon Historical Quarterly, IX, 42-72. 1908.
Carey, Charles H., History of Oregon, Chicago-Portland: Pioneer
Historical Publishing Co., 1922.
Civic Review of Portland, Oregon, 1938-39, published by the City
Council.
Clark, Robert Carlton, History of the Willamette Valley, Oregon,
Chicago: S. J. Clark Co., 1927.
Cleveland, Alfred A., "Social and Economic History of Astoria,"
Oregon Historical Quarterly, IV, 130-149. 1903.
Crawford, T. H., "Historical Sketch of the Public Schools of
Portland, Oregon, 1847-1888," Portland Public Schools, Report,
1887-1888.
Facts for the People of Portland Relating to the Levee Case,
booklet published in 1862, a copy of which is in the Library
of the Oregon Historical Society.
Fenton, William D., "Father Wilbur and His Work," Oregon Historical
Quarterly, X, 116-130. 1909.
196
Selected Bibliography
Gance, John T., "The History of the Oregon and California Railroad,"
Oregon Historical Quarterly, XXV, 235-283, 330-352. 1924.
Ghent, W. J., The Early Far West, New York: Longmans, Green and Co.,
1931.
Hines, George H., "History of Organization of Oregon State Agricul-
tural Society," Oregon Historical Quarterly, VIII, 317-352. 1907.
·
History of Education in Portland, written by the W. P. A. Adult
Education Project urder sponsorship of the General Extension
Division, State System of Higher Education: ed. by Alfred Powers
and Howard McKinley Corning, Portland, Oregon: 1937.
Larsell, O., "The Development of Medical Education in the Pacific
Northwest," Oregon Historical Quarterly, XXVII, 65-112. 1926.
Lewis and Dryden's Marine History of the Pacific Northwest; ed. by
E. W. Wright, Portland, Oregon: Lewis and Dryden Printing Co.,
1895.
Lockley, Fred, History of the Columbia River Valley, Chicago:
Clarke Publishing Co., 1928. 3 vols.
McArthur, Lewis A., Oregon Geographic Names, Fortland, Oregon:
author, 1924.
Minto, John, "The Number and Condition of the Wative Race in Oregon
when First Seen by White Men," Oregon Historical Quarterly, I,
296-315. 1900.
Morison, Samuel Eliot, "New England and the Opening of the Columbia
River Salmon Trade," Oregon Historical Quarterly, XXVIII, 111-132.
1927.
Oregon State Planning Board, Development of the Pacific Northwest
Through Bonneville Dam, Portland, Oregon: 1937.
S. J.
Oregon State Planning Board, Oregon Looks Ahead, Portland, Oregon:
1938.
Poppleton, Irene L., "Oregon's First Monopoly," Oregon Historical
Quarterly, IX, 274-304. 1908.
P
Portland City Directory, published by J. K. Gill and Co., Portland,
Oregon: 1870, 1884.
Prescott, Samuel, and Horwood, Murray, Sedgwick's Principles of
Sanitary Science and Public Health, New York: The MacMillan
Company, 1935.
P
Reed, Henry E., "William Johnson," Oregon Historical Quarterly,
XXXIV, 314-523. 1933.
- 197 -
Selected Bibliography
Reynolds, Charles N., "Portland Public Schools, 1845-71," Oregon
Historical Quarterly, XXXIII, 334-345. 1932.
Scott, Leslie M., "Beginnings of East Portland, Oregon Historical
Quarterly, XXXI, 351–359. 1930.
Scott, Leslie M., "Indian Diseases as Aids to Pacific Northwest
Settlement," Oregon Historical Quarterly, XXIX, 144-161. 1928.
Scott, Leslie M., "The Oregonian Newspaper in Oregon History,"
Oregon Historical Quarterly, XXIX, 225-235. 1928.
Swift, Lon L., "Land Tenure in Oregon," Oregon Historical Quarterly,
X, 131-235. 1909.
Turnbull, George Stanley, History of Oregon Newspapers, Portland,
Oregon: Binfords and Mort, 1939.
Williams, George H., "Political History of Oregon from 1835 to 1865,"
Oregon Historical Quarterly, II, 1-35. 1901.
Newspapers
Catholic Sentinel, Portland, Oregon
May 4, 1939 (Centenary Edition)
Nov. 30, 1939
11
Oregon Spectator, Oregon City, Oregon
Feb. 5, 1846
Mar. 5, 1846
June 5, 1851
Oregon Statesman, Salem, Oregon
Mar. 28, 1851
Aug. 5, 1851
Oregonian, Portland, Oregon
Dec. 4, 1850
Jan. 10, 1852
Nov. 20, 1852
Dec. 4, 1852
Dec. 11, 1852
Dec. 18, 1852
Dec. 25, 1852
May 27, 1854
June 3, 1854
June 6, 1854
Sept. 2, 1854
Dec. 9, 1854
Dec. 23, 1854
July 5, 1856
July 20, 1866
May
5, 1869
Dec. 23, 1869
Dec. 24, 1869
June 28, 1870
Nov. 23, 1882
Feb. 20, 1883
Sept. 9, 1883
Sept. 12, 1883
July 13, 1884
Apr. 7, 1887
Apr. 9, 1887
Dec. 18, 1887
July 10, 1888
Feb. 15, 1889
Jan. 11, 1891
Ho
*
198
Selected Bibliography
Oregonian, Portland, Oregon (continued)
June 15, 1891
June 16, 1891
June 21, 1891
Nov. 11, 1891
Mar. 12, 1893
July 4, 1894
Jan. 1, 1895
July 3, 1895
Feb. 14, 1896
Aug. 5, 1896
Oregon Weekly Times, Portland, Oregon
Dec. 28, 1853
June 16, 1901
Mar. 29, 1903
June 1, 1904
June 9, 1915
July 7, 1915
June 8, 1916
Nov. 6, 1920
Mar. 23, 1930
July 16, 1933
Nov. 6, 1938
A
-
199
Abatements, 130
Abbreviations, 85
Abram and Reed sawmill, 24
Accidents, 131
Accounts, 69, 102, 105, 113, 151
Adams and Company, 17, 18
Adams, William L., 39
Administrators, 112
Adoptions, 115
Adventist Church, 33
Aeronautic law enforcement, 130,
134
Affidavits, 50, 102, 116, 120
Agreements, 102
Agricultural agent
appointment of, 53, 79, 92, 157
compensation of, 157, 158
creation of office of, 54, 157
duties of, 158, 159
qualifications of, 157
records of, 93, 159
Agriculture
club work, 53, 75, 79, 160, 161
dairy farming, 29, 30
employment in, 29
fruit farming, 29, 30
soil types, 3
statistics on, 30
truck farming, 29, 30
Aid, see Welfare
Ainsworth, John C., Capt., 21, 23
Airport
Port of Portland, 26, 27
Portland-Columbia, 27
Swan Island, 26, 27
Albany College, 38
Albina Ferry, 20
Albina, town of, 19
Aliens, 42, 109, 111
American Red Cross, 172
Ames, E. R., Bishop, 31
Anderson, Len, 15
Animals, see Dog licenses; Live-
INDEX
stock
Apostolic Faith Church, 33
Appeals
from board of equalization, 67, 145
(Aba-App)
Appeals (continued)
to circuit court, 50, 61, 62,
110, 121, 125
from district court, 62
from justice court, 110, 125
to Supreme Court, 67
Appellants' bonds, 125
Applications
See also Petitions
civil service, 95
license, 93
relief, 171
Appointments by
board of commissioners
agricultural agent, 53, 79,
92, 157
auditor, 49, 103
Bang's disease inspector, 79,
185
civil service commission, 49,
94
club agent, 53, 79, 161
dairy herd inspector, 78, 181
deputies, 92, 93
dog control board, 79, 80, 190
election officials, 71, 72, 92
fair board, 92, 191
home demonstration agent, 53,
79, 159
horticultural inspector, 79,
92, 188
physician, county, 53, 54, 57
purchasing agent, 49, 57, 88
roadmaster, 54, 57, 92, 176
stock inspector, 78, 178
superintendent of county farm,
54, 170, 173
supervisors of elections, 49,
95, 96
surveyor, 13, 54, 174
veterinarian, 78, 92, 179, 180
board of health, 54, 57, 163
circuit court
bailiff, 50, 108, 109
jury commissioner, 50, 109, 118
matrons of juvenile detention
homes, 114
.
200
Index
Appointments by
circuit court (continued)
probation officers, 50, 114,
117
reporters, 50, 108, 109
superintendents of juvenile
detention homes, 114
department of domestic rela-
tions, 114
department of probate, 113
district court, 120
Governor, 54, 56, 66, 119, 127,
135, 146
Territorial Legislature
assessor, 48
auditor, 13, 48, 96, 103
commissioners, 13, 48
coroner, 13, 48, 51
county clerk, 48
county judge, 48, 111
probate judge, 13
recorder, 48
sheriff, 13, 48
superintendent of schools,
35, 48, 52, 152
treasurer, 13, 48, 52
Apportionments, 67, 68, 88
Appraisals of real property, 142
Appropriations, 68, 76, 77, 89-91
Area of county, 3
Armories, 91
Army, see Military
Arrests, 63, 118, 125, 129, 130,
132, 134, 140
Art Museum, 90
Articles of incorporation, 101
Assessments, 66, 142, 145
Assessor
appointment of, 48
bond of, 141
compensation of, 141
deputies, 141, 142
development of office of, 52,
141
duties of, 66, 142
election of, 13, 52, 141, 142
oath of, 141
qualifications of, 141
records of, 143
tenure of, 141
Assignments, 59, 99
Association
See also Board; Commission; Com-
mittee
Multnomah County Health, 76
Multnomah County Library, 87
Portland Library, 53, 75, 156,
157
Assumed business names, 101
Astoria, town of, 16
Asylum, 91
Atkinson, George H., Rev., 31, 34
Attachments, 111, 120, 129
Attorney, district, see District
attorney
Auditor
(App-Bec)
appointment of, 13, 48, 49, 96,
103
bond of, 103
compensation of, 103
deputies of, 103, 104
development of office of, 49,
103
duties of, 96, 97, 104, 105
oath of, 103
qualifications of, 103
records of, 81, 82, 105
tenure of, 103
Audits, see Finance, audits
Automobiles, 100, 131
Bail, 105, 125, 126
Bailiff, 50, 108, 109
Balch family, 11
Ballots, 71, 99, 101
Bang, B. L. F., 184
Bang's disease inspector
appointment of, 79, 185
bond of, 185
compensation of, 185
deputies of, 185
development of office of, 54,
79, 184
duties of, 185, 186
oatlı of, 185
qualifications of, 185
records of, 186, 187
Baptist Church, 32
Barlow emigrant road, 15
Barnes, George A., 12
Barrell, Coleman, Jr., 13
Beck, William, 20
- 201 -
Index
Belknap, D. H., 41
Benson, Simon, 28
Beth Israel Congregation, 32
Bibliography, 192-198
Bills, county, 102
Births, 80, 101, 165, 166
Bishop Scott Grammar School, 36
Blackstone family, 11
Blackstone, William, 15
Blanchet, Francis N., Archbishop,
31
Blind, aid to, 77, 172
Board
See also Association; Commission;
Committee
of commissioners, see Commis-
sioners, board of
district boundary, 53, 57, 74,
87, 154, 155
dog control, 54, 79, 80, 189,
190
election, 99
of equalization, 52, 66, 67,
108, 112, 144, 145
fair, 92, 191
of health, 53, 54, 57, 75, 76,
87, 161-163
school district, 34, 69, 74
Boat liens, 129
Boise, Reuben P., 34
Bonded indebtedness, 69, 146
Bonds
investment
bridge, 22
county, 69, 70
improvement district, 70
people's utility district, 70
school, 68-70
surety
appellants', 125
assessor's, 141
auditor's, 103
bail, 125
Bang's disease inspector's,
185
constable's, 133
coroner's, 91, 135
county clerk's, 91, 97, 100
dairy herd inspector's, 182
of justice of the peace, 123
official, 81, 91, 100
Bonds
surety (continued)
probate, 113
replevin, 134
roadmasters', 176
school clerks', 153, 154
sheriff's, 91, 128
superintendent of school's,
152
surveyor's, 91, 174
tax collector's, 128, 147
treasurer's, 91, 150
veterinarian's, 180
Bonneville
Dam, 28, 29
fish ladders, 29
Locks, 28
powerhouse, 29
town of, 28
Bonneville (de), Benjamin Louis
Eulalie, 28
Bonneville State Fish Hatchery,
28
Boulevards, see Highway
Boundaries
county, 12, 20
property, 59
school district, 155
Boundary board, see District
boundary board
(Bel-Bri)
Bounties, 102
Bowan, A. D., 40
Bowling alley licenses, 91
Boyakin, W. F., 13, 35
Brady, John, 7
Brands, stock, 102, 179
Brazee, J. W., 20
Bridge
bonds, 22
Broadway, 20
Burnside, 20, 21
construction, 57, 88, 89, 177
Hawthrone, 20
Interstate, 21
maintenance, 21, 22, 57, 88
Morrison Street, 20
petitions, 177
plans, 177
railroad, 20, 23
Ross Island, 21
St. Johns, 21
202.
Index
Bridge (continued)
Sellwood, 21
Steel, 20
Broadway Bridge, 20
Brooklyn, town of, 15
Brown, Thomas, 6
Budget committee, county, 56, 65,
88
Budgets, see Finance, budgets
Buildings
county, 57, 88, 170
Robinson, 13
school, 24, 35, 38
Burnett, Feter H., 8
Burnside, D. H., 20
Burnside Bridge, 20, 21
Bush, Asahel, 39, 41
Business names, assumed, 101
Bybee, James F., 13
Caffery, P. S., Rev., 32
Caldwell, W. S., 12
Calendar, circuit court, 109
Candidates, 71, 101
Canyon Road, 14, 15
Carnegie Foundation, 156
Cars, see Motor vehicle
Carter, Julia, 33
Carter's Addition, 15
Caruthers' Addition, 6, 9, 15
Caruthers, Elizabeth, Mrs., 9
Caruthers, Finice, 9, 11
Cases
civil, 61, 62, 108, 110, 120,
121, 124
criminal, 61, 62, 108, 110,
121, 124, 125
divorce, 108, 115, 140
insane, 108, 111, 113
juvenile, 61, 108, 111, 114,
115, 139
probate, 61, 108, 111, 112
small claims, 62, 121
Catholic Church, 31, 32
Cattle, see Livestock
Cattle and Horse Raisers' Associ-
ation, 78, 178
Census
county, 28, 29, 42
Portland, 11, 42
school, 36, 37, 153
Certificates
assumed business name, 101
attachment, 111
birth, 101, 165, 166
death, 101, 165, 166
election, 101
homestead, 99
marriage, 101
medical, 101
nomination, 101
tax delinquency, 67, 148
teachers', 154
water right, 60, 99
Chapman, M. F., 15
Chapman, W. W., 7, 15
(Bri-Civ)
Chart of county government, 84
Chattel mortgages, 100
Children, see Juvenile
Chinese, 70, 143
Chiropractors, 102
Christie, Alexander, Archbishop,
37
Church of Christ, Scientist, 33
Churches, 30-33
Circuit court
appeals to, 50, 61, 62, 110,
121, 125
clerk of, 108
departments, 50, 108
development of, 49, 50, 60, 61,
106, 107
judges, 106-109, 112, 114
jurisdiction, 50, 61, 108-110
officers, 50, 108, 109
orders, 106, 107, 111, 115
records, 82, 109-111
rules, 107
sessions, 106, 108
terms, 107
Citizenship
early qualifications for, 70
granting of, 109
petitions, 111
Civil
department of sheriff's office,
128
executive officers, 64
jurisdiction of
circuit court, 61, 108, 110,
111
district court, 62, 120, 121
203
Index
Civil
jurisdiction of (continued)
justice court, 61, 124
Civil service
examinations, 94, 95
positions, 98, 103, 104, 114,
117, 128, 133, 137, 139,
141, 147, 177
Civil service commission
duties of, 58, 94, 95
establishment of, 49, 94
members of, 94, 95
records of, 81, 95
Civil War question, 39, 41
Civilian Conservation Corps, 172
Claims
donation land, 5, 7, 15, 58, 59
174
financial, 69, 104, 105, 190
mining, 60
small, 62, 121, 122, 134
Clarke, Miss, 35
Clarke, Samuel A., 11
Clerk, county
appointment of, 48
bond of, 91, 97, 100
compensation of, 98
correspondence of, 102
departments of office of, 98
deputies of, 98
development of office of, 48,
49, 58, 96, 97
duties of, 49, 58, 59, 68, 71,
87, 98-102, 108, 119
election of, 97
oath of, 97
office hours of, 98
qualifications of, 97
records of, 81, 99-102
tenure of, 98
Climate, 3, 30
Club agent
appointment of, 53, 79, 161
compensation of, 161
development of office of, 54,
79, 160
duties of, 161
records of, 161
Clubs, 4-H, 53, 75, 79, 160, 161
Coffin, Stephen, 7, 15
Coleman, Norman F., 37
College of Puget Sound, 37
Colleges, see School, of higher
education
Columbia Jetty, 25
Columbia River
ferry, 20
improvements, 25, 26
waterway, 15
Columbia River Highway, 27
Columbia University, 37
Comfort, E. B., 17
Commercial development, 24
Commission
See also Association; Board; Com-
mittee
civil service, 49, 58, 81, 94,
95
public welfare, 54, 77, 169-172
tax supervising and conservation,
52, 56, 65, 66, 146, 147
Commissioners, board of
(Civ-Con)
clerk of, 87
development of, 48, 55, 56, 86
duties of, 56-58, 65, 71, 72,
77, 79, 87-92, 184, 189, 190
members, 13, 14, 48, 86-92
records of, 80, 81, 92, 93
sessions of, 87
Commissioners, county
appointment of, 13, 48, 86
compensation of, 87
duties of, 87-92
election of, 14, 86
oath of, 86
qualifications of, 86
tenure of, 86
Commitments
criminal, 105, 129, 130, 132
feeble-minded, 114, 115
insane, 113, 132
juvenile, 114, 115, 132
Committee
See also Association; Board; Com-
mission
budget, 56, 65, 88
rehabilitation, 172
relief, 170
Communication, 13-29
Congregation Beth Israel, 32
Congregational Church, 31
Connelly, Owen, 35
204
Index
Constable
bond of, 133
compensation of, 133
deputies of, 133
development of office of, 132
districts, 51, 132
duties of, 63, 133, 134
election of, 14, 152
oath of, 133
qualifications of, 132, 133
records of, 134
tenure of, 153
Contracts, 100, 102
Conveyances, see Property, real,
deeds
Cooke, Jay, 22
Corbett, H. W., 18, 41
Corbett, William H., 23
Cornelius, Samuel, 32
Coroner
appointment of, 13, 48, 51, 135
bond of, 91, 135
compensation of, 135
deputies of, 137
development of office of, 135
duties of, 63, 64, 135-137
election of, 13, 135
oath of, 135
qualifications of, 135
records of, 102, 156, 137
tenure of, 135
Corporations, 101
Correspondence, 102
Couch, John H., Capt., 8, 11
Couch's Addition, 15
County
See also Multnomah County
creation of new, 47, 48
legal status of, 47
property, 57, 88, 90
County court, 48, 55, 86, 92
Courthouse, 13, 14, 57, 88
Cram, Rogers and Company, 18
Cranston, Earl, Bishop, 31
Criminal
See also Prisoners
commitments, 105, 129, 130,
132
department of sheriff's office,
128
identification, 63, 130
Criminal (continued)
jurisdiction of
circuit court, 61, 108, 110,
111
district court, 62, 120, 121
justice court, 62, 124, 125
procedure, 63
Criminal identification bureau,
63, 130
Croke, James, Father, 31
Crop liens, 100
Crosby, Nathaniel, 9
Cushing family, 8
Customs house, 25
(Con-Dep)
Dairy farming, 29, 30
Dairy herd inspector
appointment of, 78, 181
bond of, 182
compensation of, 182
development of office of, 54,
181
duties of, 182, 183
oath of, 182
qualifications of, 181, 182
records of, 183, 184
Dam, Bonneville, 28, 29
Dam, Grand Coulee, 29
Dams, 89
Dance hall licenses, 58, 68, 91,
93
Davis, Anthony L., 13, 34
Deady, Matthew, Judge, 7
Deaths, 80, 101, 165, 166
Decrees, circuit court, 59, 110
Deeds, 48, 59, 99, 129
Delinquent children, 61, 113-118
Delinquent taxes, 67, 93, 148
Demurrers, circuit court, 111
Dentists, 102
Deputies
appointment of, 92, 93
assessor's, 141, 142
auditor's, 103, 104
Bang's disease inspector's, 185
constable's, 133
coroner's, 137
county clerk's, 98
district attorney's,
roadmaster's, 177
sheriff's, 128, 131
139
205
Index
Deputies (continued)
stock inspector's, 178
surveyor's, 174, 175
tax collector's, 147
Devore, J. F., 31
Disbursements, 68, 69
Disciples of Christ Church, 33
District attorney
compensation of, 139
deputies of, 139
development of office of, 51,
137, 138
duties of, 63, 64, 140
election of, 138
oath of, 139
qualifications of, 138, 139
records of, 140
tenure of, 139
District boundary board
development of, 53, 74
duties of, 57, 154, 155
members of, 53, 87, 154
records of, 155
District court
appeals from, 62
clerk of, 50, 120
departments, 50, 120
development of, 49, 50, 106,
119
judges, 119, 120
jurisdiction, 62, 120-122
records, 82, 122
small claims, 62, 121, 122
Districts
constable, 51, 132
dog control, 79, 80, 189, 190
drainage, 90
fire protection, 90
flood control, 90
health registration, 165
improvement, 70, 90, 93
irrigation, 93
judicial, 49, 50, 60, 61, 106,
138
justice of the peace, 50, 51,
61, 123
people's utility, 70
port, 90, 93
road, 16, 57, 89
sanitary, 90
school, 34, 57, 73, 74, 154,
155
Districts (continued)
Tuality, 5
Divorce cases, 108, 115, 140
Doane, Nehemiah, Rev., 34
Doane family, 11
Dock facilities, 25
Docket
circuit court
civil trial, 111
criminal trial, 111
execution, 110
judgment, 110
(Dep-Ele)
trial, 109, 111
district court, 122
justice court, 126
land registration, 100
small claims, 122, 126
Doernbecher Memorial Hospital, 39
Dog control board
appointment of, 79, 80, 190
duties of, 190
establishment of, 54, 189, 190
members of, 79, 190
tenure of, 79, 80, 190
Dog control districts, 79, 80,
189, 190
Dog licenses, 68, 99
Domestic relations department
clerk of, 114
development of, 61, 113, 114
judge of, 114
jurisdiction of, 108, 112, 114,
115
records of, 82, 115, 116
Dominis, John, Capt., 4
Donation Land Act, 7
Donation land claims, 5, 7, 15,
59, 174
Drainage districts, 90
Dryer, Thomas J., 39, 41
Dugan and Company's Express, 18
Dykes, 89
East Portland, town of, 5, 14, 15,
19
Educational development, 33-39,
52, 72-75
See also School
Election
abstract of votes, 72, 99
ballots, 71, 99, 101
board meetings, 99
206.
Index
Election (continued)
candidates
expenses of, 101
qualifications of, 71
register of, 101
certificates, 101
first, 14
local option, 93, 99
nominations, 99, 101
officials, 14, 71, 72, 92, 96
orders, 92, 93
petitions, 90, 101
poll books, 101
polls, 71, 131
precincts, 13, 91
primary, 71, 101
returns, 93, 99, 101
special, 71, 91, 99
statistics, 41, 42
tally sheets, 72
voters
absentee, 72
qualifications of, 70
registration of, 70, 71, 99,
101
Elections, supervisors of
appointment of, 49, 95, 96
compensation of, 96
creation of office of, 49, 95,
96
duties of, 96
qualifications of, 96
tenure of, 96
Electors, see Election, voters
Electricity, generation of, 29
Elevation of county, 3
Eliot, T. L., 33
Eminent domain, 39, 92
Employees, county, 94, 95, 131,
140
Employment, 28, 29
Episcopal Church, 32
Equalization, board of
appeals from, 67, 145
development of, 52, 66, 144
duties of, 144, 145
members of, 52, 66, 108, 112,
144
records of, 145
Equipment
county, 57, 88
liens, 129
Estates, 61, 112, 113
Estrays, 125, 130, 179
Executions, 64, 110, 120, 129
Executors, 112
Expenses, 65, 88, 101, 102, 104
Extradition warrants, 134, 137
Failing, Henry, 20
Fair board, county
appointment of, 92, 191
development of, 191
Fair, county, 55, 80, 191
Fairview, town of, 15
Farm, county
(Ele-Fer)
buildings, 170
establishment of, 54, 77, 162
inmates, 173
location of, 168, 173
superintendent of
appointment of, 54, 170, 173
compensation of, 173
duties of, 173
records of, 173
Farm names, 101
Farnam, Samuel, 13
Federal cooperation with county
agriculture, 79, 158
club work, 75, 79, 161
health, 57, 68, 75, 76, 164
home management, 79, 159
navigation, 25, 26
roads, 57, 68, 89
schools, 67, 68
surveys, 59
welfare, 57, 68, 75-77, 170-172
Federal Post Road Act, 89
Federal Social Security Act, 76,
77, 171
Federal Surplus Commodity Corpora-
tion, 172
Federal Surveyor General, 58, 59,
174
Feeble-minded commitments, 114,
115
Fees, see Finance, fees
Fellows, Mr., 14
Ferry
Albina, 20
Columbia River, 20
licenses, 18, 19, 58, 91
Love's, 19
rate fixing, 58
S
207
Index
Ferry (continued)
St. Johns, 20
Sellwood, 20
Stark Street, 19, 20
Stephen's, 18, 19
Field notes, 59, 176
Final record, 111
Finance
accounts
auditor's, 105
clerk's, 102
probate, 112, 113
treasurer's, 69, 105, 151
apportionments, 67, 68, 88
appropriations
art museum, 90
election, 91
Federal, 68, 76, 77
State, 68, 89
audits
county, 56, 69, 91, 92, 102,
104, 105
school district, 154
bills, 102
bonded indebtedness, 69, 146
budget
control, 56
estimates, 88
preparation, 64, 65, 88
reports, 146, 147
school district, 154
claims
approval by auditor, 104, 105
county, 69
salary, 104, 105
stock indemnity, 190
disbursements, 68, 69
expenses
candidates', 101
county, 65, 88, 102, 104
fees
cattle inspection, 184
circuit court, 110
clerk's, 102
constable's, 133
coroner's, 135, 136
district court, 121, 122
justice court, 123
license, 68
marriage, 123
Finance
fees (continued)
sheriff's 128, 131
surveyor's, 174
fines, 105, 109, 124
funds
dog, 190
fair, 191
(Fer-Fre)
general, 146
health, 68, 76
library building, 156
relief, 68, 77, 171
road, 68
salary, 68, 128
school, 68, 72, 74, 154
levies, see Tax, levies
orders, 93, 151
receipts
clerk's, 102
treasurer's, 149
statements
auditor's, 102, 105
clerk's, 102, 105
coroner's, 102, 105
sheriff's, 102, 105
treasurer's, 102, 105, 151
vouchers, 93, 105
warrants, 68, 69, 93, 104
Fines, 105, 109, 124
Fire protection districts, 90
Firearm permits, 131
Fish Hatchery, Bonneville State,
28
Fishing licenses, 99
Fishways, Bonneville, 29
Fitch, A. D., 13
Flood control districts, 90
Flora, 3, 4
Foreclosures, 59, 67, 129, 132,
148
Forest roads, 68, 89
Forestry service, 90
Fort William, 4
Foster, William T., 37
Francis, Simeon, 41
Frazier Detention Home, 114
Frazier, Thomas, 34
Freight lines, 18, 19
Fremont, J. C., 8
French Prairie, 5, 6
208.
Index
Friends, Church of, 33
Fruit inspector, see Horticul-
tural inspector
Fruit raising, 29, 30
Funds, see Finance, funds
Gaines, Mr., 41
Gaston, Joseph, 22
Gilliam, Cornelius, 16
Gold rush of 1849, 9, 10
Government, county, 47-55, 84
Grand Coulee Dam, 29
Grand jury, 108
Grazing, 90
Gresham, town of, 15, 123, 132
Grocery store licenses, 68, 91,
93
Grover, Lafayette, 40, 41
Guardians, 112, 113, 115
Guild family, 11
Guild Lake, 11, 26
Habeas corpus writs, 109, 130,
137
Fallack, A. B., 13
Hammell, C., 15
Harbor improvement, 25-27
Hastings, L. B., 11, 12
Hawthorne Bridge, 20
Health board, county
Ag
development of, 53, 54, 57, 75,
76, 161, 162
duties of, 163
members of, 53, 87, 162
Health nurses
appointment of, 54, 57, 163
compensation of, 167
development of office of, 53
54, 75, 76, 166
duties of, 167
qualifications of, 166
report of, 167
Health officer
appointment of, 54, 57, 163
compensation of, 164
development of office of, 53,
54, 75, 76, 163
duties of, 101, 164, 165
qualifications of, 163
records of, 165, 166
reports of, 166
Health officer (continued)
tenure of, 164
liealth Service, United States Pub-
lic, 57, 75, 76
Health, public, 52, 68, 75, 76,
165, 166
Hensill, Mary J., Mrs., 35
High school, 36
Highway
See also Road
Columbia River, 27
Federal, 57
Pacific, 27
Powell Boulevard, 15
State, 57, 68
U. S. No. 99, 27
Hillsboro, town of, 12
Historical sketch of county, 3-4.2
Hoffman, F. A., 15
Holladay, Ben, 22
Home demonstration agent
(Fri-Imm)
appointinent of, 53, 79, 159
compensation of, 160
development of office of, 54,
79, 159
duties of, 160
records of, 160
Homesteads, 99
Horseshoers' liens, 100
Horticultural inspector
appointment of, 79, 92, 188
compensation of, 188, 189
development of office of, 54,
187, 188
duties of, 189
oath of, 188
qualifications of, 188
reports of, 189
Hospital
Doernbecher Memorial, for Chil-
dren, 39
Multnomah County, 39, 88, 168
Tuberculosis Pavilion, 39, 168
Veterans' Bureau, 39
Hospital liens, 100
Howison, Lt., 8
Hudson's Bay Company, 4, 6
Hunting licenses, 99
Hyde, Aaron J., 33
Immunization, 166
khm
-
209.
Index
Improvement bonds, 70
Incorporation
articles of, 101
municipal, 93
Indexes
assessment, 142
coroner's case, 137
deed, 60, 99
district court case, 122
mechanics' liens, 60
mortgage, 60, 99
Indians
Chinookan, 3
epidemics among, 4
liquor sales to, 129
Multnomahs, 3, 4
Indictments, 63
Indigents, see Welfare, indigents
Industry
analysis of, 30
employment in, 28
lumber, 24
salmon, 4, 5, 24, 25
tanning, 7
Inheritance tax, 113
Inquests, 64, 136, 137
Insanity, 91, 108, 111, 113, 132
International Health Board of the
Rockefeller Foundation, 76
Interstate Bridge, 21
Investment bonds, 22, 68-70
Jackson, C. S., 38
Jackson, C. S., Mrs., 38
Jackson, Philip, 38
Jackson, Sam, 40
Jail
commitments, 105
custodian, 130
maintenance, 88, 128
personnel, 128
record, 131
Japanese, 143
Jefferson, Delos, 34
Jewish congregations, 32
Johnson, Hezekiah, 32
Johnson, J. W., 36
Johnson, William, 6
Jones family, 11
Journal
circuit court, 107, 110
Journal (continued)
commissioners', 80, 92, 145
probate, 113
Judge
(Imp-Jur)
circuit court
compensation of, 107
duties of, 108, 109, 112, 114
election of, 106
qualifications of, 107
tenure of, 107
county
abolition of office of, 56, 61,
86, 110, 112, 144
appointment of, 48, 111
jurisdiction of, 111
district court
appointment of, 119
compensation of, 120
election of, 119
oath of, 119
qualifications of, 119
tenure of, 120
domestic relations, 114
municipal, 105
probate
appointment of, 13
compensation of, 107, 112
duties of, 108, 112, 113, 144
election of, 13
tenure of, 107, 112
Judgment liens, 60
Judgments, 64, 110, 111, 121, 129
Judicial districts, 49, 50, 60,
61, 106, 138
Judicial system, 60-62
See also Circuit court; District
court; Justice court; Supreme
Court of Oregon
Jurisdiction
appellate, 61, 62, 110, 121, 125
civil, 61, 62, 108, 110, 111,
120, 121, 124
criminal, 61, 62, 108, 110, 111,
120, 121, 124, 125
domestic relations, 108, 112,
114, 115
insane, 91, 108, 111, 113, 132
juvenile, 61, 108, 111, 112,
113-115
probate, 50, 61, 108, 111-113
Jurors, 118, 119, 130
210
Index
Jury
book, 110
grand, 108
panel, 118, 119
selection, 108, 118
trial, 108, 121, 126
Jury commissioner
appointment of, 50, 109, 118
compensation of, 118
duties of, 118, 119
qualifications of, 118
tenure of, 118
Justice court
See also Justice of the Peace
appeals from, 110, 125
jurisdiction, 61, 62, 120, 121,
124, 125
Justice of the peace
See also Justice court
bond of, 123
compensation of, 123
development of office of, 50,
51, 61, 122, 123
districts, 50, 51, 61, 123
election of, 14, 123
jurisdiction of, 61, 62, 120,
121, 124, 125
oath of, 123
precincts, see districts
qualifications of, 123
records of, 82, 126
report of, 105
tenure of, 124
Juvenile
See also School, pupils
adoptions, 115
arrests, 118
cases, 61, 108, 111, 114, 115,
139
commitments, 114, 115, 132
court, 61, 113
delinquency, 61, 113-118
dependents, 61, 76, 77, 113-116,
169, 171, 172
detention homes, 114, 115
4-H club work, 53, 75, 79, 160,
161
jurisdiction, 61, 108, 111, 112,
113-115
medical care, 39, 76, 77, 114
Juvenile (continued)
probation, 117, 118
records, 115, 116
Keeler, J. M., 35
Keezer, Dexter M., 37
Kelly Butte sub-jail, 128
King, A. N., 15
King, William, Col., 9, 33
Knott, Joseph, 19
Lancaster, Samuel B., 28
Land, see Property, real
Land improvement districts, 70, 90
Lane, Joseph, Gov., 34, 40, 41
Latter-Day Saints Church, 33
Law enforcement, 51, 62-64, 129,
130, 134
(Jur-Lic)
Leland, Alonzo, 34
Lepicier, Cardinal, 32
Letters, see Correspondence; Pro-
bate, letters
Levies, 65, 68, 88, 93
Lewis and Clark, 3
Lewis and Clark Centennial Exposi-
tion, 26
Library, 11, 53, 75, 87, 90, 156,
157
Library Association of Portland
development of, 53, 75, 156
members of, 156
report of, 157
Licenses
See also Permits
asylum, 91
bowling alley, 91
dance hall, 58, 68, 91, 93
dog, 68, 99
ferry, 18, 19, 58, 91
fishing, 99
grocery store, 68, 91, 93
hunting, 99
liquor, 91, 140
marriage, 68, 101
meat vendors', 131, 132
motor vehicle, 131
peddlers', 150
pool hall, 93
saloon, 91
show, 91
•
C
- 211
Index
Liens, 60, 100, 121, 129
Limerick, L., 35
Lincoln, Abraham, 41
Linn, Lewis Fields, Senator, 8
Linnton, town of, 8, 20, 26
Liquor licenses, 91, 140
Liquor prohibition to Indians,
129
Lis pendens, 60
Livestock
Bang's disease, 184-187
brands, 102, 179
claims, for damage to, 190
estrays, 125, 130, 179
indemnity for slaughter of,
186, 190
inspection, 180, 183-186
tuberculosis, 182-184
Local option elections, 93, 99
Locks, Bonneville, 28
Logan, David, 41
Love, Lewis, 19
Lovejoy, Asa Lawrence, 6, 7
Love's ferry, 19
Lownsdale, Daniel, 6, 7, 9, 14,
15, 17
Lownsdale, Nancy, 15
Lucier, Etienne, 5
Lumber, 24
Lutheran Church, 33
Lyman, Horace, Rev., 31, 33-35
Macadam Road, 15
McCarver, M. M., 8
McLoughlin, John, Dr., 5
McMillan Addition, 15
McMillan, William H., 13
McNamee, Job, 33
Mail service, 16, 17
Maps
See also Plats
filing of, 100
Multnomah County, 44, 45
Oregon, 46
Oregon Country, 43
Portland, 6, 7, 15
Western Oregon, 44
Marquam, P. A., 15
Marriage
authority to solemnize,' 101
certificates, 101
Marriage (continued)
fees, 123
licenses, 68, 101
records, 101
Martial law, 91
Meat vendors' licenses, 131, 132
Mechanics' liens, 60, 100
Medical certificates, 101
Medical School, University of
Oregon, 38
Meek, Joseph L., 10
Methodist Church, 31, 36
Methodist Episcopal Church, 30, 31
Military
armories, 91
discharges, 102
exemptions, 91
(Lie-Mul)
powers of commissioners, 91
powers of sheriff, 130
veterans, 39, 90, 95, 170
Mining claims, 60
Ministers, 101
Minors, see Juvenile
Morrison Street Bridge, 20
Mortgages, 59, 99, 100
Mothers' pensions, 169
Motor vehicle
licenses, 131
liens, 100
Mulattoes, 70
Multnomah Amateur Athletic Club,
14
Multnomah College, 38
Multnomah County
See also County
area of, 3
boundaries, 12, 20
census, 28, 29, 42
courthouse, 13, 14, 47, 88
creation of, 12, 48
early settlement of, 4-12
elevation of, 3
government
chart of, 84
structural development of,
47-55
historical sketch of, 3-42
map of, 44, 45
seat, 13, 47
topography of,
3
Multnomah County Fair, 55, 80, 191
212
Index
Multnomah County Farm, see Farm,
county
Multnomah County Health Associa-
tion, 76
Multnomah County Hospital, 39, 88,
168
Multnomah County Library Associa-
tion, 87
Multnomah County Public Welfare
Commission, 54, 77, 87, 169-172
Multnomah, variations in spelling
of, 3, 4
Municipal court, 105, 123
Municipal incorporation, 93
Myres, A., 33
National Resources Board, 29
Naturalization, 70, 109, 111
Naturopaths, 102
Navigation, 8, 17, 18, 21, 25-26,
28, 29
Negroes, 70
Newell, Capt., 9
Newspaper
Adviser, 39
Argus, 39
Catholic Sentinel, 40
Deseret News, 39
East Oregonian, 40
East Side News, 40
News-Telegram, 40
Oregon Journal, 39, 40
Oregon Spectator, 39
Oregonian, 39, 40
Portland News, 40
Portland Telegram, 40
Statesman, 39
-
Times, 39
Nominations, 99, 101
Norris, Shubrick, 12, 13
North Jetty, 25
North West Company, 5, 6
Northern Pacific Railroad, 20-24
Notaries public, 101
Nurses
county, see Health nurses
training of, 37
Oath
assessor's, 141
auditor's, 103
(Mul-Ore)
Oath (continued)
Bang's disease inspector's 185
claimants', 104
complainants', 125
constable's, 133
coroner's, 135
county clerk's, 97
county commissioners', 86
dairy herd inspector's, 182
district attorney's, 139
district court judge's, 119
equalization board members',
144
horticultural inspector's, 188
justices' of the peace, 123
roadmaster's, 176
sheriff's, 128
superintendent of school's, 152
surveyor's, 174
treasurer's, 150
veterinarian's, 180
O'Bryant, Hugh D., 11
Official bonds, see Bonds, surety
Old age assistance, 77, 171, 172
O'Neill, Daniel, 10, 11
Optometrists, 102
Orders
abatement, 130
circuit court, 106, 107, 111,
115
detainer, 121, 129
election, 92, 93
financial, 93, 151
forcible entry, 121, 129
justice court, 126
juvenile, 115, 118
probate, 112, 113
sale of land, 92
Oregon boundary treaty, 9
Oregon and California Conference,
30, 31
Oregon and California Railroad
Company, 22-24
Oregon Central Railroad Company,
22
Oregon City, 6, 16
Oregon Improvement Company, 23
Oregon Institute of Technology, 38
Oregon, map of, 43, 46
Oregon Railway and Navigation Com-
pany, 23
213
Index
Oregon State Planning Board, 29
Oregon State Supreme Court, 60,
67, 106
Oregon Steam Navigation Company.
21, 23
Oregon Steamship Company, 23
Oregon Trail, 27
Oregon and Transcontinental Com-
pany, 23
Oregon-Washington Railroad and
Navigation Company, 38
Outhouse, John T., 34, 35
Overton, William, 6
Pacific Highway, 27
Pacific Mail Steamship Company, 17
Parent Teachers' Association, 75
Parks, 38, 89
Parrot Creek, 22
Patents, land grant, 59, 99
Peddlers' licenses, 150
Pennoyer, Sylvester, 35
Pensions, mothers', 169
People's utility district bonds,
70
Permits
See also Licenses
firearm, 131
liquor, 140
road use, 89
Personal property, see Property,
personal
•
Peti ti ons
See also Applications
assessment reduction, 145
bridge, 177
election, 90, 101
filing of, 93
improvement district, 93
irrigation district, 93
juvenile delinquency, 116
municipal incorporation, 93
naturalization, 111
nomination, 101
port district, 93
recall, 87
road, 15, 77, 89, 93
sanitary district, 93
school district boundary, 155
to vacate property, 93
Pettygrove, Francis W., 6, 7, 16
Physician, county
appointment of, 53, 54, 57
compensation of, 168
development of office of, 162,
167, 168
duties of, 75, 76, 168
office of, 168
records of, 168, 169
Physicians, 102
Pierce, Franklin, 40
Pittock, Henry L., 39, 40
Plats
See also Maps
filing of, 100
road, 100
school district, 154
town, 100
(Ore-Por)
township, 100
Political development, 41, 42
Polls, election, 71, 131
Fool hall licenses, 93
Poor farm, see Farm, county
Population
county, 28, 29, 42
Portland, 9-11, 42
Porier, Mr., 5
Port districts, 90, 93
Port of Portland, 8, 25-28
Port of Portland Airport, 26, 27
Portland
city government, 12
county seat, 13
first officers of, 11, 12
first post office, 16, 17
first settler, 6
harbor, 8, 25-27
incorporation of, 11
naming of, 6
plat
Brady, 7
Love joy's, 6
of 1868, 15
population, 9-11, 42
port of, 8, 25-28
water front litigation, 7
Portland Academy and Female
Seminary, 36
Portland Claim, 6, 7, 15
Portland-Columbia Airport, 27
Portland Extension Center, 38
Portland Hotel, 24
- 214
Index
Portland Library Association, 53,
75, 156, 157
Portland University, 37
Portland and Valley Plank Road
Company, 14
Post office, 16, 17
Post Road Act, Federal, 89
Post roads, 16
Powell, David, 13
Powell, J. P., 13
Powell Boulevard, Southeast, 15
Power of attorney, 60, 100
Powerhouse, Bonneville, 29
Precincts, election, 13, 91
Presbyterian Church, 32
Primary elections, 71, 101
Prisoners
See also Criminal
care of, 64, 130
commitment of, 105, 129, 130,
132
identification of, 130
record of, 131
transportation of, 129, 130
Probate
accounts, 112, 113
bonds, 113
department, 111, 112
estates, 61, 112, 113
inheritance tax, 113
judge, 13, 107, 108, 112, 113,
144
jurisdiction, 50, 61, 108,
111-113
letters
of administration, 112
of guardianship, 112
testamentary, 112
orders, 112, 113
wills, 112, 113
Probation officer
appointment of, 50, 114, 116.
117
compensation of, 116, 117
development of office of, 114,
116, 117
duties of, 117, 118
qualifications of, 117
records of, 118
reports of, 117
tenure of, 117
Professions, see Registration,
professional
Property
personal
assessments, 66, 142, 145
assignments, 59, 99
attachments, 111, 120, 129
county owned, 57
liens, 60, 100, 129
mortgages, 100
tax, şeé Tax
transient, 143
real
additions, 6, 9, 15
appraisals, 142
(Por-Rac)
assessments, 66, 142, 145
assignments, 59, 99
attachments, 111, 120, 129
claims, 5-7, 15, 58-60, 100,
174
contracts, 100, 102
county owned, 57, 88, 90
deeds, 48, 59, 99, 129
estates, 61, 112, 113
foreclosures, 59, 67, 129, 132,
148
homesteads, 99
liens, 60, 100
mortgages, 59, 99
ownership, 142
patents, 59, 99
recording of, 58, 59, 99, 100
redemptions, 93, 132
sale of, 92, 132
satisfactions, 60
school, 34, 68, 72
surveys, 59, 102, 174-176
tax, see Tax
Torrens System of registration,
100
vacation of, 93
Public utilities, 70, 143
Public welfare, see Welfare
Public works, 57, 77, 78, 88-90
Pupils, see School, pupils
Purchasing agent
appointment of, 49, 57, 88
duties of, 88
establishment of office of, 49
Racial distribution, 42
- 215.
Index
Railroad
bridge, 20, 23
Northern Pacific, 20-24
Oregon and California, 22-24
Oregon Central, 22
Oregon Railway and Naviga ti on
Company, 23
Oregon-Washington Railroad and
Navigation Company, 38
Southern Pacific, 24
terminal, 23, 24
Real property, see Property, real
Recall, 87
Receipts, 102, 149
Reception record, 99
Recorder of conveyances, 48, 96-99
Records, uniformity of, 80-83
Redemptions, 93, 132
Reed, Cyrus A., 34
Reed, Henry E., 10
Reed, Simeon G., 20, 21, 23, 37
Reed, Simeon G., Mrs., 37
Reed College, 37
Reforestation, 90
Registration
assumed business name, 101
candidates, 101
101
farm name,
professional
authority to solemnize marri-
age, 101
chiropractors', 102
dentists', 102
naturopaths', 102
notaries public, 101
optometrists', 102
physicians', 102
teachers', 154
stock brand, 102, 179
Torrens System of land, 100
vital statistics, 80, 101, 123,
165, 166
voters', 70-72, 91, 99, 101
Rehabilitation committee, 172
Relief, see Welfare
Relief committee, 170
Replevin bonds, 134
Reporter, court, 50, 108, 109
Reports
accident, 131
agricultural agent's, 93, 159
Reports (continued)
auditor's, 105
Bang's disease inspector's, 186,
187
budget, 146, 147
clerk's financial, 102
coroner's, 64, 102, 136, 137
county physician's, 169
dairy herd inspector's, 183
detention home, 115
fair board, 191
fire prevention, 93
health nurses', 167
health officer's, 166
horticultural inspector's, 189
justices of the peace, 105
library, 157
municipal judge's, 105
official, 93
probation officers', 117
road viewers', 15, 93
roadmaster's, 93, 177
school, 153, 154
sheriff's, 102
sheriff's jail, 130
superintendent of school's, 153
(Rai-Roa)
survey, 93
tax collector's, 149, 151
tax supervising and conservation
commission, 147
treasurer's, 93, 102, 105
veterinarian's, 181
Rights-of-way, 89
Road
See also Highway
Barlow emigrant, 15
Canyon, 14, 15
construction, 89, 177
development, 14-16
districts, 16, 57, 89
funds, 68
Macadam, 15
-maintenance, 57, 88, 89
National Forest, 68, 89
Oregon City to Portland, 14, 15
permits to use, 89
petitions, 15, 77, 89, 93
plank, 14
post, 16
reports, 177
rights-of-way, 89
· 216 -
Index
Road (continued)
Sandy, 27
tax, 16, 77
Taylor Ferry, 14
viewers' reports, 15, 93
Roadmaster
appointment of, 54, 57, 92, 176
bond of, 176
compensation of, 176
deputies of, 177
development of office of, 54,
78, 176
duties of, 54, 78, 177
oath of, 176
qualifications of, 176
report of, 93, 177
tenure of, 176
Roberts, William, 30
Robinson Building, 13
Robinson, Thomas G., 12
Rockefeller Foundation, 76
Ross Island Bridge, 21
St. Helens Hall, 36, 37
St. Johns Bridge, 21
St. Johns Ferry, 20
St. Johns, town of, 19
St. Mary's Academy, 36
Salary fund, 68, 128
Salmon industry, 4, 5, 24, 25
Saloon licenses, 91
Salvation Army, 172
Sam Jackson Park, 38
Sanctuary of Our Sorrowful
Mother, 32
Sandy River, 27
Sandy Road, 27
Sanitary districts, 90
Sauvie Island, 4
Scholz, Richard F., 37
School
See also Educational develop-
ment
board, district, 34, 69, 74
bonds, 68-70
boundary petitions, 155
budgets, 154
buildings
Central, 24, 35
North, 36
Portland High, 36
School (continued)
census, 36, 37, 153
denominational, 36, 37
district
audits, 154
boundaries, 155
clerks, 153, 154
(Roa-Sea)
establishment, 57, 73, 74
first, 34
plats, 154
first public, 34-36
funds, 68, 72, 74, 154
of higher education, 36-38
history, 33-39
land, 34, 68, 72
plats, district, 154
principals' reports, 154
private, 36
pupils
compulsory attendance of, 74
eighth grade, 154
handicapped, 74
immunization of, 166
statistics, 36, 37
superintendent, see Schools,
superintendent of
tax, 34, 67, 68, 93
teachers
certificates of, 154
early qualifications of, 35
institute for, 153
registration of, 154
reports of, 154
text books, early, 34
Schools, superintendent of
appointment of, 35, 48, 52, 152
assistant of, 153
bond of, 152
compensation of, 152
development of office of, 72, 73,
151, 152
duties of, 74, 153
election of, 14, 35, 52
oath of, 152
qualifications of, 152
records of, 83, 153, 154
reports of, 153, 154
Scott, Ensley R., 13
Scott, Harvey W., 40, 41
Scott, Thomas Fielding, 32
Search warrants, 134
217 -
Index
Sellwood Bridge, 21
Sellwood Ferry, 20
Sellwood, town of, 19
Settlement, early, 4-12
Shattuck, E. D., 33
Sheriff
appointment of, 13, 48, 127
bond of, 91, 128
compensation of, 128
departments of office of, 128
deputies of, 128, 131
development of office of, 127
duties of, 51, 63, 64, 71, 72,
109, 129-131
election of, 127
oath of, 128
qualifications of, 128
records of, 82, 131, 132
report of, 102, 130
service of papers by, 129, 130
tenure of, 128
Ships
Carolina, 16
Columbia, 16, 18
Goldhunter, 18
Honolulu, 9
Lot Whitcomb, 17
Multnomah, 17
Owhyhee, 4
Peytona, 17, 18
Sequin, 16
Toulon, 9
Shively, John M., 16
Show licenses, 91
Small claims, 62, 121, 122, 134
Smith, Joseph S., Mrs., 33
Smith-Lever Act, 79, 158, 160
Smith, Thomas, 16
Social Security Act, Federal, 76,
77, 171
Social welfare, see Welfare
Soil Conservation Act, 158
Soil types, 3
Soldiers, see Military
Southern Pacific Railroad, 24
Stage lines, 18, 40
Stark, Benjamin, 6, 7, 15
Stark Street Ferry, 19, 20
State Board of Education, 73
State Board of Health, 53, 75, 76,
101, 162-164, 180
State Board of Horticulture, 187,
188
State Board of Parole and Proba-
tion, 118
State Child Welfare Commission,
116, 117
(Sel-Ste)
State cooperation with county
agriculture, 79, 158, 185
club work, 75, 79, 161
crime detection, 63, 130
health, 57, 75, 76, 164
home management, 159, 160
law enforcement, 63
navigation, 25
reforestation, 90
roads, 57, 68, 89
schools, 68
welfare, 75-77, 170-172
State Department of Agriculture,
78, 183, 186, 188
State Fish Hatchery, Bonneville,
28
State Game and Fish Commission, 99
State Health Officer, 75
State Highway Department, 68, 89
State Insurance Commissioner,
State Land Board, 68
State Liquor Control Commission,
91, 171
State Police, Department of, 63
State Public Welfare Commission,
77, 170
State Superintendent of Public In-
struction, 73, 160
State Supreme Court, 60, 67, 106
State Tax Commission, 52, 67, 143,
145
State Textbook Commission, 73
Statements, financial, 102, 105,
151
Statistics
agriculture, 30
census, 28, 42
church, 33
election, 41, 42
electrical power, 29
industrial, 24, 28
racial distribution, 42
school, 36, 37
vital, 80, 101, 123, 165, 166
Steel Bridge, 20
218.
Ung
Index
Stephens family, 11
Stephens' ferry, 18, 19
Stephens, James B., 5, 14, 15, 18
Stevens, Charles, 10, 17, 30
Stock Inspector
appointment of, 78, 178
compensation of, 178
deputies of, 178
development of office of, 54,
177, 178
duties of, 178, 179
records of, 179
tenure of, 178
Straight, Mr., 14
Straughn, James Henry, 31
Students, see School, pupils
Sub-leases, 102
Subpenas, 120, 129
Summonses, 129
Superintendent of schools, see
Schools, superintendent of
Supplies, 88
Supreme Court of Oregon, 60, 67
106
Surety bonds, see Bonds, surety
Surplus Commodity Corporation,
172
Surveyor
appointment of, 13, 54, 174
bond of, 91, 174
compensation of, 174
deputies of, 174, 175
development of office of, 174
duties of, 59, 77, 78, 175
election of, 14, 54, 174
field notes of, 176
oath of, 174
qualifications of, 174
records of, 176
tenure of, 174
Surveyor General, Federal, 58, 59,
174
Surveys
clerk's permanent record of, 59,
102
government, 59, 174
reports of, 93
surveyor's, 175, 176
Swan Island, 25, 26
Swan Island Airport, 26, 27
Switzler, John, 14, 19
Tally sheets, 72
Tanner Creek, 7, 14
Tanning industry, 7
Tax
assessment
adjustment, 145
roll, 66, 142-144
collection, 67
delinquency
certificates, 67, 148
foreclosures, 67, 148
installment payments, 67
notices, 148
redemptions, 93, 132
roll, 148
equalization, 67
exemptions, 66, 143
inheritance, 113
levies
procedure for, 65, 88
school, 68, 93
library, 156, 157
payment, 67, 148
road, 16, 77
roll, 142, 143
school, 34, 67, 68, 93
turnover, 148
(Ste-Tow)
Tax Collector
bond of, 128, 147
deputies of, 147
duties of, 67, 148, 149
records of, 82, 149
report of, 149, 151
Tax supervising and conservation
commission
appointment of, 56, 146
duties of, 52, 66, 146, 147
establishment of, 52, 65, 146
members of, 146
records of, 147
Taylor's Ferry Road, 14
Taylor Street Church, 31
Teachers, see School, teachers
Telegraph, 40
Terwilliger family, 11
Terwilliger, L. L., 35
Testamentary, letters, 112
Thompson, Robert, 12, 21, 33
Topography of county, 3
Torrens System, 100
Town plats, 100
219.
Index
Towns in county
Albina, 19
Bonneville, 28
Brooklyn, 15
East Portland, 5, 14, 15, 19
Fairview, 15
Gresham, 15, 123, 132
incorporation of, 93
Linnton, 8, 20, 26
Portland, 6-13, 15-17, 25-28,
42
St. Johns, 19
Sellwood, 19
Troutdale, 15
Traffic regulation, 89, 130
Trails, 14
Transcription of
judgments, 111
records, 48
Transportation, 14-28
Treasurer
appointment of, 13, 48, 52
bond of, 91, 150
compensation of, 150
duties of, 67, 68, 150, 151
election of, 14, 149, 150
oath of, 150
qualifications of, 150
records of, 69, 82, 151
report of, 93, 102, 105
tenure of, 150
Trial docket, 109, 111
Trial, jury, 108, 121, 126
Troutdale, town of, 15
Truck gardening, 29, 30
Tuality District, 5
Tuality plains, 3
Tuberculosis
bovine, 182-184
human, 39, 167, 168
Tuberculosis Pavilion, 39, 168
Unitarian Church, 33
United Brethern Church, 33
United States Army Engineers,
25, 26, 29
United States Public Health
Service, 57, 75, 76
United States Surveyor General,
58, 59, 174
(Tow-Wat)
Universities, see School, of
higher education
University of Oregon Medical
School, 38
University of Portland, 37
Utilities, public, 70, 143
Vancouver, town of, 4, 16
Vanschuyler, Wesley, 13
Vaughn, George W., 13
Veterans'
civil service preference, 95
club room, 90
hospital, 39
memorials, 90
relief, 76, 170
Veterans' Bureau Hospital, 39
Veterinarian
appointment of, 78, 92, 179,
180
bond of, 180
compensation of, 180
duties of, 180, 181
establishment of office of, 54,
179
oath of, 180
qualifications of, 180
reports of, 181
Vickers, L. B., 13
Villard, Henry, 20, 23, 24
Vital statistics
births, 80, 101, 165, 166
deaths, 80, 101, 165, 166
marriages, 101, 123
Vocational rehabilitation, 77,
172
Voters, 70-72, 91, 99, 101
Vouchers, 93, 105
Walker, Ellis, 13
Wapato Island, 4
Warrants
of arrest, 63, 125, 129, 132,
134
extradition, 134, 137
financial, 68, 69, 93, 104
search, 134
Warren, Er., 9
Water
front, Portland, 7, 25
230
Index
Water (continued)
rights, 60, 99
transportation, 8, 17, 18,
21, 25, 26, 28, 29
Waugh, Beverly, Bishop, 30
Waymire, John, 18, 24
Welfare
administration of, 57, 68,
171
blind, 77, 172
children
dependent, 61, 76, 77,
113-116, 169, 171,
172
medical care of, 39, 114
indigents
burial of, 136, 137,
169
care of, 54, 76, 77, 90,
169, 170, 173
medical care of, 39, 88,
167, 168
mothers' pensions, 169
old age, 77, 171, 172
relief committee, 170
veterans, 39, 76, 170
vocational rehabilitation,
77, 172
work relief, 172
Welfare commission, public
development of, 169, 170
duties of, 171
funds, 77
members of, 54, 87, 170, 171
records of, 172
Wells, Fargo and Company, 18
Wemme, E. Henry, 27
Wharf frontage, 25
Wheeler Addition, 15
Whitcomb, George F., 32
(Wat-Yan)
Wilbur, Hiram, 12
Wilbur, James H., Rev., 30, 36
Wilcox, Ralph, Dr., 33
Willamette River improvement, 25,
26
Wills, 112, 113
Wilson, R. B., 13
Witnesses, 109
Wolf Meetings, 64, 149
Woman suffrage, 70
Work Projects Administration, 172
Writs
attachment, 120, 129
execution, 120
habeas corpus, 109, 130, 137
Wyeth, Nathaniel, 4, 5, 28
Yantis, J. L., 32
L
221
}
{
;
PUBLICATIONS OF THE OREGON HISTORICAL RECORDS SURVEY
Inventories of the County Archives of Oregon
II,
Multnomah County, No. 26, Vol. I, July 1940
Multnomah County, No. 26, Vol.
Tillamook County, No. 29,
Hood River County, No. 14,
Josephine County, No. 17,
Linn County,
No. 22,
Morrow County,
No. 25,
May 1940
March 1940
February 1940
December 1939
May 1939
November 1937
Other Publications
MARKŠA U VALO
Oregon Church Directory, August 1940
Guide to the Angelus Studio Collection of Historical Photographs,
April 1940
Diary of Eli Sheldon Glover, November 1939
Diary of Basil N. Longworth, Oregon Pioneer, November 1938
Corvallis to Crescent City in 1874, 1937
Abstract of Willamette Valley and Cascade Mountain Road Company,
1864-1911, 1937
Transportation Items from the Weekly Oregonian, 1852-1865, 1937
Letter from Lukiamute Valley in 1846, 1937
Record of Married Women's Separate Property Rights in Baker County,
1862-72, 1937
Daily Sales of an Auburn Store in 1868, 1937
Forthcoming Publications
Clatsop County Inventory,
No. 4
No. 24
Marion County Inventory,
Wasco County Inventory,
Washington County Inventory, No. 34
No. 33
Guide to the Manuscript Collections of the Oregon Historical Society
-
222
Page 10, line 16.
Page 15, line 17.
Page 15, line 39.
Page 17, line 8.
Page 21, line 33.
Page 41,
ERRATA
5
For states," read states."
For Cartor's read Carter's.
For accomodate read accommodate.
For Marrysville read Marysville.
For "inland Empire" read "Inland Empire.
In footnote 201, for Ibid., pp. 9, 10 read George H. Williams,
"Political History of Oregon from 1853 to 1865, Oregon
Historical Quarterly, II, 4, 9, 10.
In footnote 123, for p.
In footnote 124, for p.
In footnote 125, for
Page 93, line 8. For to vacate read for vacating
Page 93, line 15. For prevention read protection
Page 93.
489 read p. 448.
Page 93.
489 read p. 454.
Page 93.
489 read p. 453.
Page 93. In footnote 126, for p. 489 read p. 450.
Page 97, line 2. For 1859 read 1857.
Page 106, line 10.
Page 107, line 32.
Page 121, line 26.
Page 121.
In footnote 126, omit 1939 S. L. ch. 471.
Page 122, line 20. For 1859 read 1857.
For 1859 read 1857.
For appointments read appointment.
For $35 read $20.
For 1859 read 1857.
Page 127, line 17.
Page 129, line 5.
Page 138, line 21.
Page 138, line 22.
Page 150, line 4.
Page 185, line 10.
For enforcements read enforcement.
For statutes read provisions
For 1859 read 1857.
For 1859 read 1857.
For Inspector not read inspector a sum not.
>
I
UNIVERSITY OF MICHIGAN
3 9015 04128 5514




!