by Robert Wangrud.
A State Government is form by the people's Constitution. The people formed their State Governments into three separate Branches.
Within the Articles of the people's Constitution the government is clearly formed and each Branch of the three Branchs duties are clearly stated, further the Constitution prevents one Branch from assumming the duties of the other two Branchs unless expressly provided.
DISTRIBUTION OF POWERS.
1. "The powers of the government shall be divided into three separate departments, --- the legislative, the executive, including the administrative, and the judicial; and no person charged with official duties under one of these departments shall exercise any of the functions of another, except as in this constitution [expressly provided]." Article III, Section 1, Oregon Constitution (1859).
Bear in mind the words "expressly provided" The Constitution for the Republic of Oregon expressly provides the formation of the LEGISLATIVE-EXECUTIVE-JUDICIAL-BRANCHES of the Oregon Government. The Contitution defines the duties and the elements that compose each Branch of the Oregon Republic. The Governor of the Oregon Republic is charged by the peoples Constitution to:
Sec. 10. "He [the governor] shall take care that the laws be faithfully executed." Article V, Section 10, Oregon Constitution (1859).
I understand this to mean the Governor is to take care the Constitution f the Oregon Republic is to be obeyed, including "expressly provided" as stated in Article III of the Constitution for the Oregon Republic.
Article VII of the people's Constitution for the Oregon Republic establishes the JUDICIAL BRANCH of the Oregon Republic.
Section 1. establishes what Courts are vested with the "judicial" power of the state.
Sec. 2. establishes the Supreme Court.
Sec. 3. establishes the terms of offices of judges.
Sec. 4. Vacancy of judges.
Sec. 5. Chief Justice.
Sec. 6. Jurisdiction.
Sec. 7. Term of the Supreme Court.
Sec. 8. Circuit Court.
Sec. 9. Jurisdiction of circuit Court.
Sec. 10. Supreme and circuit judges; elected in classes.
Sec. 11. County Judges.
Sec. 12. Jurisdiction of County Courts.
Sec. 13. Writs granted by county judge.
Sec. 14. Expences of court.
Sec. 15. County clerk.
Sec. 16. Sheriff.
Sec. 17. Prosecuting attorneys.
Sec. 18. juries; indictment; information.
Sec. 19. Official delinquencies.
Sec. 20. Removal of judges.
Sec. 21. Oath of office.
Clearly the Legislative Branch of the Oregon Republic has the authority to establish statues to create the JUDICIAL DEPARTMENT of the Oregon Republic as "expressly provided" in the Constitution for the Oregon Republic pursuant to Sections 1 through 21 of Article VII .
The problem arises with the Oregon legisatures creation by statute of the Office of the Attorney General. There is no Section "expressly provided" under Article VII of the Constitution for the Oregon Republic for the Office of Attorney General? As a matter of fact Article VII of the Constitution bars the Legislature from creating the office of Attorney General. This bar appears in Article VII Section 17:
17. "There shall be elected by districts comprised of one or more counties, a sufficient number of prosecuting attorneys, who shall be the [law officers of the state], and of the [counties] within their respective districts, and shall perform such duties pertaining to the administration of law and general police as the legislative assembly may direct." Article VII, Section 17, Oregon Constitution (1859). [Emphasis mine]
The elected County Prosecutors were to be both the Attorneys for the State and the Counties. In the publication "THE OREGON CONSTITUTION and PROCEEDINGS and DEBATES of the CONSTITUTIONAL CONVENTION of 1857 on page 56, you find this statement:
"There was no useless lieutenant-governor, and no attorney-general to be paid for"
THE OREGON CONSTITUTION and PROCEEDINGS and DEBATES of the CONSTITUTIONAL CONVENTION of 1857 on page 56. PRINTED UNDER THE DIRECTION OF THE OREGON HISTORICAL SOCIETY IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 379, Laws of Oregon. Salem Oregon: State Printing Department (1926)
Reviewing Article VII (amended) of the Constitution for the Republic of Oregon there is no Section "expressly provided" for the legislature to create by statute the Office of Attorney General? When I looked up the statute the legislature passed to create the Attorney Generals office it just says at the end of the statute "in the public interest" I don't find the term "in the public interest" as a part of any sections under Article VII (original) or (amended) in the Constitution for the Oregon Republic.
Also I cannot find "expressly provided" for asistant prosecuting attorneys for the County? Under Criminal Law would not these attotneys be charge as Imposters? Are they not representing themselves as judicial officers of the County when they appear in the judicial courts of the County? The Oregon Constitution only authorizes County "Judicial" officers to be the law officers of the County or the state? Who the heck are these attorneys saying they are from the Attorney Generals Office???????? Governor where are you?????? I think this issue needs more looking into.
Some Citizen needs to file a Writ of Que Warranto which is the proper writ to challenge the authority to hold office of a public official.