confirming the same by the adoption of the report of the committee of ways and means, adopted by the legislative committee, and referred to the people en masse, and by them enacted July 5, 1843, therefore,
"Resolved. That this house has no right to levy a tax of any kind without the consent of the free voters of this territory previously obtained.
"Resolved, That all acts and parts of acts on that subject, passed by the legislative committee, were contrary to the express resolution and action of the people.
So we see that Oregon started out in favor of the referendum on taxation.
And on the same day the memorial to congress was presented by W. H. Gray, and signed by Osborn Russell and P. G. Stewart, two members of the Executive Committee, by Judge Nesmith, Mr. Speaker, and all the members of the legislature, and then delivered to Dr. "White, Indian agent, to be conveyed to congress at Washington, D. C.
On July 5, 1845, the legislature passed a resolution that the members should receive two dollars a day for their services, and then adjourned to meet again at Oregon City, on August 5, 1845.
The legislature met again at Oregon City, August 5, 1845, the following members being present: Applegate, Foisy, Garrison, H. A. G. Lee, B. Lee, W. H. Gray, Robert Newell, David Hill, Sidney Smith, M. M. McCarver, McClure and Straight. An election being taken to select a speaker — Gray received 8 votes; H. A. G. Lee, 2; and McCarver 1. McCarver then questioned the propriety of electing Gray, claiming to be himself still the speaker. Whereupon the legislative body requested Mr. McCarver to resign. But McCarver did not resign and proceeded to appoint a committee on ways and means, claims, judiciary, private land claims, roads, Indian affairs and education.
Mr. Gray now inquired if in the opinion of the speaker, the house was properly organized; and the "chair" decided in the affirmative. Whereupon, Gray appealed from the decision of the speaker to the house when the decision of the "chair" was reversed, and a resolution passed to remove McCarver from the office of speaker, and Robert Newell was elected chairman in his place.
So the reader can see that this was a real flesh and blood legislature, the strife for public station starting early in Oregon and as trifling as this incident was, it, with other resolutions copied hereafter decided the future course of an able and energetic man, and impelled Mr. McCarver to leave Oregon and cast in his fortunes with Puget Sound.
By the 9th of August, 1845, Meek had secured more offices than any other citizen, having been appointed by the legislature sheriff, marshal and collector of the revenue.
On the 9th of August the legislature passed resolutions declaring that it had not the power to set aside or annul contracts made and entered into by the officers of the government.
And also a resolution calling upon Joseph L. Meek to report the amount of revenue he had collected in the year 1844, and how he had disbursed the same.
On this day, J. W. Nesmith resigned the office of "Judge of Oregon," and the legislature proceeded to elect a successor in the office. The choice resulting in the election of Nineveh Ford, of Yamhill county, which then included what is now Polk. Ford declined the office. And Ford is hardly to be regarded as a public
