366 W. D. FENTON. perhaps near McMinnville. On Tuesday, December 5, 1848, the legislature again assembled at Oregon City, A. J. Hembree, L. A. Rice, and William J. Martin being the rep- resentatives from Yamhill County. Samuel R. Thurston, the first territorial delegate to Washington, was then a member from Tuality, and George L. Curry from Clacka- mas. There were twenty-one members elected to this body. Peter H. Burnett had been again elected as a member from Tuality, but he had resigned and gone to California be- fore the session. In view of the legislative muddle in this State in 1897 it may be interesting to note that on De- cember 8, 1848, this legislative body adopted a resolution authorizing and requiring the arrest of William J. Baily, William Porter, and Albert Gains of Champoeg County, Anderson Cox of Linn County, and Harrison Linville of Polk County. These members, although the resolution recites that they were duly elected and entitled to seats, were treated as members and the sergeant-at-arms was given a writ of attachment for their arrest. They were, promptly arrested as far as found. The members so ar- rested presented excuses, these were accepted, and the members seated. This w r as all done before a speaker was elected, and as a matter of right founded upon plain prin- ciples of parliamentary law. Being unable, however, to procure the attendance of sixteen members at that time necessary to form a quorum, the unorganized house ad- journed to February 5, 1849. On that day Governor Abernethy delivered his annual message into the hands of the sergeant-at-arms, who delivered the sealed docu- ment to the speaker, and the clerk read the same to the members. The Governor notes the fact that the legisla- ture had convened in special session for the purpose of transacting the business of the regular session, but which had failed because that session was not attended by a suffi- cient number to make a quorum. He communicates the
