xt7mw6696b0q https://exploreuk.uky.edu/dips/xt7mw6696b0q/data/mets.xml Historical Records Survey (Or.) Division of Professional and Service Projects, Work Projects Administration University of Oregon Multnomah County County (Or.) Board of County Commissioners Oregon Historical Records Survey (Or.) Division of Professional and Service Projects, Work Projects Administration University of Oregon Multnomah County County (Or.) Board of County Commissioners 1940 85 p. 28 cm. UK holds archival copy for ASERL Collaborative Federal Depository Program libraries. Call Number: FW 4.14:Or 3/2/no.26/Abstract books  English Portland, Oregon Historical Records Survey Project,  This digital resource may be freely searched and displayed in accordance with U. S. copyright laws. Oregon Works Progress Administration Publications County government -- Oregon -- Multnomah County Multnomah County (Ore.) -- Politics and government Governmental Organization, Multnomah County. An Abstract from the Inventory of the County Archives of Oregon, no. 26, Multnomah County, v. 1. Prepared by the Oregon Historical Records Survey Project, 1940 text Governmental Organization, Multnomah County. An Abstract from the Inventory of the County Archives of Oregon, no. 26, Multnomah County, v. 1. Prepared by the Oregon Historical Records Survey Project, 1940 1940 1940 2020 true xt7mw6696b0q section xt7mw6696b0q UNIVERSIT 0

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GOVERNMENTAL ORGANIZATION

MULTNOMAH COUNTY

An abstract from

The Inventory of the County Archives
of Oregon

N0 0 26
MULTNOMAH COUNTY

Volume I

Prepared by

The OregOn Historical Records Survey Project

Division of Professional and Service Projects
WORK PROJECTS ADMINISTRATION

54‘

Sponsored by
University of Oregon

Co—sponsored by
Multnomah Board of County Commissioners

****************

Portland, Oregon
The Oregon Historical Records Survey Project
Official Project No. 65-1-94-25
May 1940

 

  

!
‘.‘
i
?

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

 

 FOREWORD

This essay on "The Governmental Organization and Records System of
Multnomah County" is an extract from The Inventory of the County Archives
of Oregon, Multnomah County, Number 26, volume I, and is presented in
monograph form by the Oregon Historical Racords_Survey for the purpose
of making immediately available to teachers of civics and government im-
portant facts concerning the origins and development of county government
in Oregon.

 

 

The essay material was compiled from two chief sources: statutes
relating to county government, its office divisions, powers, duties and
records, and from the journals of the administrative body of the county.
Although emphasis is given to the actual organization of Multnomah County
as a governmental unit, the study also contains a great body of data that
refers to all counties in the state. The essay has many footnotes; hence,
the reader may readily find sources which he may wish to consult.

One value which has been attributed to the National Historical Records
Survey Program is that of the usefulness of its publications to teachers
and students and to research historians, political scientists and econo-
mists. That this essay may contribute to the needs of instructors in gov-
ernmental subjects and be a source of help to high school students is the
hope of the Oregon Historical Records Survey project.

Requests for information regarding the publications of the Oregon
project should be addressed to the State Director, Oregon Historical Rec—
ords Survey, 400 Elks Building, Portland, Oregon.

T. J. Edmonds
State Director

May 1940
Portland, Oregon

 

 

 

  

 

 

 _ 49 -

GOVERNMFNTAL ORGANIZATION AND RECORDS SYSTEM

Legal Status of the County. The county in Oregon is a body politiC,
charg55*WTth—thenperfafifiniig73f 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. (5) Since 1915 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 regur-
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 55 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)

When a new county has been established, the county court fixes the temr
porary County seat. The permanent county seat is determined by the people
at the first general election. (8)

 

1. L. 1854, Deady, p. 672; 1950 0. C. Ann. sec. 27-101.

2. 55 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.

5. Const. art. XV,"EEET”GT‘ "__'_'"-""'"'*""""”"'_—”'_—

4. 1915 S. L. ch. 10; 1950 O. C. Ann. sec. 26—201, as amended 1955 S. L.
ch. 521.

5. 1915 S. L. ch. 10; 1950 O. C. Ann. sec. 26—201, as amended 1955 S. L.
ch. 521.

6. 1915 S. L. ch. 10; 1950 0. C. Ann. sec. 26—201, as amended 1955 S. L.
ch. 521.

7. 1915 S. L. ch. 10; 1950 0. C. Ann. sec. 26~201, as amended 1955 S. L.
ch. 521.

8. 1915 S. L. ch. 10; 1950 O. C. Ann. sec. 26-207.

 

  

 

- 50 -
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 new and old counties. The new county does not inherit
buildings free of charge from the old county or counties. (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. Proper boo:s are instituted and have the same effect in all re-
spects as original records. (10)

Structural Development. 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 were 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. (15) 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 1915, 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 Legis1a~
ture abolished the office of county clerk in Multnomah County and created the

 

9. 1915 S. L. ch. 10; 1930 O. C. Ann. sec. 26-214, as amended 1955 S. L.
ch. 321.

10. L. 1854, Deady, p. 655; 1930 0. C. Ann. sec. 26~505.

11. L. 1854, p. 29. .
12. Ibid., pp. 42, 62. F
13. 13—7350, p. 210; L. 1850 (including L. 1851), p. 76; L. 1854, p. 29.

14. 1913 S. L. ch. 577; 1950 O. C. Ann. sec. 27—1702.

15. 1854, p. 62.

16. Const. original art. VII, sec. 15.

 

 _ 51 _
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 reuestablished 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)

Since 1913 several new administrative offices have been_established
in Multnomah Count . 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 letnomah 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

 

17. L. 1887, p. 126.

18. L. 1901, p. 282; 1930 0. C. Ann. secs. 27v2001, 27—2003.

19. L. 1901, p. 282; 1930 0. C. Ann. secs. 27—2001, 27-2003.

20. L. 1870. pp. 52, 53; 1930 0. 0. Ann. sec. 69—302.

21. L. 1887, p. 128; 1930 O. C. Ann. sec. 27—2007.

22. L. 1854, p. 62.

23. Commissioners' Journal, vol. 1, p. 65.

24. L. 1895, p. 123; Commissioners' Journal, vol. 19, p. 313 (old series);
L. 1901, p. 161; 1930 O. C. Ann. sec. 27—2201. '

25. L. 1901, pp. 163, 165; 1930 O. 0. Ann. secs. 27—2207, 27-2213.

26. Commissioners‘ Journal, vol. 1, p. 1; vol. 30, p. 63; vol. 24, p. 206
(new series).

27. L. 1850-51, p. 37.

28. Const. original art. VII, sec. 9.

-29. L. 1854, p. 29.

 

  

 

 

_ 5g _
Governmental Organization and Records System

grouped into four judicial districts with wasco, Clackamas, Multnomah,
Columbia, Clatsop and Tillamook Counties comprising the fourth district. (50)
Since 1882 Multnomah County alone has comprised the fourth district. (51)

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, (52) and another to handle all matters pertaining to domes—
tic relations. (55) The circuit court holds appellate jurisdiction over
justice courts and all other inferior courts, tribunals and officers. (54)

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. (55) Ordinarily a bailiff acts as court,crier.
The judge of the department of domestic relations is empowered to appoint
probation officers. (56) Since 1955 the judges of the circuit court in
Multnomah County have had the authority to appoint a jury commissioner. (57)

In 1915 the Legislature established a district court in Multnomah
COunty which has the same jurisdiction as that of justica of the peace
courts. (58) Eor the purpose of apportioning the business among the four
judges, the court has been divided into four departments. (59)

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
tfleafiihfitm MM

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. (45) When the district court was established, all justice of the

50. Const. art. XVIII, sec. 11.

51. L. 1882, p. 62; 1950 O. C. Ann. sec. 28-902.

52. 1915 S. L. ch. 578; 1950 O. C. Ann. sec. 67-1607.

55. 1915 S. L. ch. 249; 1919 S. L. ch. 296; 1929 S. L. ch. 185; 1950 O. 0.
Ann. secs. 28-845 to 28-855; see pp.

54. Const. original art. VII, sec. 9.

55. L. 1862, Deady, p. 866; L. 1891, p. 151; 1950 O. C. Ann. sec. 28-607.

56. 1907 S. L. ch. 54; 1919 S. L. ch. 296; 1950 O. C. Ann. sec. 55—609.

57. 1955 S. L. ch. 241; 1955 O. C. Ann. Supp. sec. 50—20; see p.

58. 1915 S. L. ch. 555; 1950 0. C. Ann. secs. 28—1101, 28—1105.

59. 1915 S. L. ch. 555; 1950 O. C. Ann. sec. 28—1116.

40. 1915 S. L. ch. 555.

41. 1925 S. L. ch. 255; 1950 0. C. Ann. sec. 28n1124.

42. 1915 S. L. ch. 555; 1925 S. L. ch. 255; 1950 O. C. Ann. sec. 28-1125.

45. 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).

 

 _ 53 _
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 1915, 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 1915 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. (55)

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. 1915 S. L. ch. 555; 88 Ore. 554.

45. See Justice of the Peace, p.

46. L. 1862, Deady, p. 257; 1950 O. C. Ann. sec. 51-509.

47. L. 1855, pp. 594-597; 1950 O. 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; 1950 O. C. Ann. sec. 15-2417.

51. Const. original art. VII, sec. 17.

52. 1915 S. L. oh. 545; 1950 0. C. Ann. sec. 51—101.

55. 1915 S. L. ch. 545; 1950 O. C. Ann. sec. 51—115.

 

  

 

- 54 - ;
Governmental Organization and Records System g

The office of assessor was created by statute in 1854; however, an
assessor was not elected in Mbltncmah 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 1915 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 Mhltnomah 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)

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. (65)
Since that date the office has been elective.

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. VI

 

54. L. 1854, p. 62; 1950 O. C. Ann. sec. 26-159. See also Commissioners'
Journal, vol. 1, pp. 11, 12 (old series).

55. L. 1870, p. 52; 1950 0. C. Ann. sec. 69-501.

56. L. 1855-54, p. 417.

57. L. 1870, pp. 52, 55; 1950 O. C. Ann. sec. 69-502.

58. 1915 S. L. ch. 578; 1950 0. C. Ann. sec. 28—857.

59. 1909 S. L. ch. 218; 1929 S. L. ch. 465; 1950 0. C. Ann. sec. 69-506.

60. 1919 S. L. ch. 575; 1950 O. C. Ann. sec. 69-1201.

61. 1921 S. L. ch. 208; 1950 O. C. Ann. secs. 69-1205, 69—1214.

62. L. 1845—49, p. 25; 1907 S. L. ch. 267; 1915 S. L. ch. 184; 1950 0. C.
Ann. secs. 69-701, 69-702.

65. L. 1854, p. 62} 1950 O. C. Ann. sec. 27—1701.

64. L. 1855-54, p. 425.

65. L. 1854, p. 42.

 

 - 55 _
Governmental Organization and Records System

In 1899 a legislative enactment provided for the establishment of dis-
trict boundary boa1ds for the purpose of d ividing 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 MMltnomah County have been ex ofiicio 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

 

66. L. 1899, p. 226; 1950 O. C. Ann. sec. 55-601.

67. L. 1899, p. 226; 1907 S. L. Ch. 116; 1950 O. 0. Ann. sec. 35-601.

68. L. 1901, p. 19; 1930 O. C. Ann. sec. 35-4412.

69. Commissioners' Journal, vol. 13, pp. 96, 97 (new series).

70. 1913 S. L. ch. 134; 1930 0° C. Ann. sec. 18-1101.

71. Commissioners' Journal, vol. 6, p. 325 (new series).

72. 1913 S. L. ch. 134; 1927 S. L. ch. 402; 1920 O. 0. Ann. secs. 18-1102,
18—1103, 18-1129.

75. 1915 S. L. ch. 110; 1950 0. C. Ann. sec. 18-802.

74. Commissioners’ Journal, vol. 15, p. 218 (new series).

75. Ibid., vol. 32, p. 246 (new series).

76. 1905 S. L. ch. 170; 1913 S. L. ch. 377; 1930 O. C. Ann. secs. 27-1402,
59-201.

77. 1905 S. L. ch. 170; 1930 O. C. Ann. sec. 59-201; Commissioners'
Journal, vol. 2, pp. 3, 316 (old series).

 

  

 

_ 56 ,
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 1957, when separate aru
pointments were made. (79) Health nurses have been appointed by the board
of commissioners since 1917. (80)

From 1854 until 1955 the county court or the board of commissioners
of Multnomah County was the only county agency invested with the care of
indigents. (81) Since 1955 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. (85)
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. -

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)

 

78. 1905 S. L. ch. 170; 1950 O. C. Ann. sec. 59-201; Commissioners'
Journal, vol. 55, p. 475 (old series).

79. Oregon Blue Book, 1957-1958, p. 64.

80. Commissidners' Journa1,_v"1. 54, p. 19 (new series).

81. L. 1855-54, p. 415; 1950 O. C. Ann. sec. 27—1401.

82. 1955 S. L. ch. 15; 1955 O. C. Ann. Supp. sec. 68-2605, as amended
1959 S. L. ch. 241.

83. L. 1854, Deady, p. 846; 1950 O. C. Ann. sec. 27-1401.

84. Commissioners' Journal, vol. 1, p. 680 (old series); see p. 54,

85. L. 1855—54, p. 575.

86. Const. art. VI, sec. 6.

87. Commissioners' Journal, vol. 1, p. 6 (old series).

88. L. 1901, pp. 105, 106; 1950 0. C. Ann. sec. 44-1402; Commissioners'
Journal, vol. 22, p. 551 (old series).

89. 1917 S. L. ch. 299; 1950 O. C. Ann. secs. 44-1402, 44—1404.

90. See pp. 81, 82.

 

 

 _ 57 -
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 1915, 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. (95) 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)

 

A trend toward the form of county administration now followed in Mhlt~
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 1855 (97) and 1859 (98) provided for the election
of a single probate judge in each county.

However, the Constitution emphasized the dual function of the county
court, establishing that body as a court of probate with other civil and

 

91. George H. Himes, "History of Organization of Oregon State Agricultural
Society," Oregon Historical Quarterly, VIII, 327, 528.

92. Record of Incorporations, vol. 73, p. 180.

93. Const. original art. VII, sec. 12; L. 1862, Deady, p. 214; 1950 O. C.
Ann. sec. 28—1001.

94. Ar. p. 145.

95. L. 1845-49, p. 47.

96. L. 1850 (including 1851), p. 76.

97. L. 1852 (including 1855), p. 11.

98. L. 1859, p. 9.

 

 

  

 

 

— 58 -
Governmental Organization and Records 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 Mtltnomah 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 comr
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 cver Mtltnomah County budget esti-
mat