after deducting all the expenses incident to the same, shall be paid to said state, for the purpose of making public roads and internal improvements, as the legislature shall direct: Provided, That the foregoing propositions, hereinbefore offered, are on the condition that the people of Oregon shall provide by an ordinance, irrevocable without the consent of the United States, that said state shall never interfere with the primary disposal of the soil within the same by the United States, or with any regulations congress may find necessary for securing the title in said soil to bona fide purchasers thereof; and that in no case shall nonresident proprietors be taxed higher than residents. Sixth, And that the said state shall never tax the lands or the property of the United States in said state: Provided, however, That in case any of the lands herein granted to the state of Oregon have heretofore been confirmed to the territory of Oregon for the purposes specified in this act, the amount so confirmed shall be deducted from the quantity specified in this act.

§ 5. Residue of Territory.

Until congress shall otherwise direct, the residue of the territory of Oregon shall be and is hereby incorporated into and made a part of the territory of Washington.

Approved February 14, 1859.

AN ACT

RELATIVE TO CERTAIN PROPOSITIONS MADE BY THE CONGRESS OF THE UNITED STATES TO THE PEOPLE

OF THE STATE OF OREGON.

Preamble.

Whereas, the congress of the United States did pass an act, entitled “An act for the admission of Oregon into the Union," approved the fourteenth day of February, one thousand eight hundred and fifty-nine; which said act contains the following propositions for the free acceptance or rejection of the people of the state of Oregon, in the words following: "§ 4. The following propositions be and the same are hereby offered to the said people of Oregon, for their free acceptance or rejection, which, if accepted, shall be obligatory on the United States and upon the said state of Oregon, to wit: First, That sections numbered sixteen and thirty-six in every township of public lands in said state, and where either of said sections, or any part thereof, has been sold, or otherwise been disposed of, other lands equivalent thereto, and as contiguous as may be, shall be granted to said state for the use of schools. Second, That seventy-two sections of land shall be set apart and reserved for the use and support of a state university, to be selected by the governor of said state, subject to the approval of the commissioner of the general land office, and to be appropriated and applied in such manner as the legislature of said state may prescribe for the purpose aforesaid, but for no other purpose. Third, That ten entire sections of land, to be selected by the governor of said state, in legal subdivisions, shall be granted to said state for the purpose of completing the public buildings, or for the erection of others at the seat of government, under the direction of the legislature thereof. Fourth, That all salt springs within said state, not exceeding twelve in number, with six sections of land adjoining, or as contiguous as may be to each, shall be granted to said state, the same to be selected by the governor thereof, within one year after the admission of said state, and when so selected, to be used or disposed of on such terms, conditions, and regulations. as the legislature shall direct: Provided, That no salt spring or land, the right whereof is vested in an individual or individuals, or which may be hereafter confirmed or adjudged to any individual or individuals, shall by this article be granted to said state. Fifth, That five per centum of the net proceeds of sales of all public lands lying within said state, which shall be sold by congress after the admission of said state into the Union, after de

ducting all the expenses incident to the same, shall be paid to said state for the purpose of making public roads and internal improvements, as the legislature shall direct: Provided, That the foregoing propositions hereinbefore offered are on the condition that the people of Oregon shall provide by ordinance, irrevocable without the consent of the United States, that said state shall never interfere with the primary disposal of the soil within the same by the United States, or with any regulations congress may find necessary for securing the title in said soil to bona fide purchasers thereof; and that in no case shall non-resident proprietors be taxed higher than residents. Sixth, And that the said state shall never tax the lands or the property of the United States in said state: Provided, however, That in case any of the lands herein granted to the state of Oregon have heretofore been confirmed to the territory of Oregon for the purposes specified in this act, the amount so confirmed shall be deducted from the quantity specified in this act; therefore,

1. Propositions of Congress Accepted.

That the six propositions offered to the people of Oregon in the aboverecited portion of the act of congress aforesaid be, and each and all of them are hereby, accepted; and for the purpose of complying with each and all of said propositions hereinbefore recited, the following ordinance is declared to be irrevocable without the consent of the United States, to wit:

Be it ordained by the Legislative Assembly of the State of Oregon, That the said state shall never interfere with the primary disposal of the soil within the same by the United States, nor with any regulations congress may find necessary for securing the title in said soil to the bona fide purchasers thereof; and that in no case shall non-resident proprietors be taxed higher than residents; and that the said state shall nexer tax the lands or property of the United States within said state.

Approved June 3, 1859.

§ 1. Only One Form of Action

Distinction Between Forms of Abolished.

The distinction heretofore existing between forms of actions at law is abolished, and hereafter there shall be but one form of action at law for the enforcement of private rights or the redress of private wrongs. [L. 1862; D. Cd. § 1; H. C. § 1.]

FORMS OF ACTION. In the practice codes of nearly all the states, not only the old forms of action, but the distinctions between actions at law and suits in equity have been abolished. In this state the distinction heretofore existing between forms of action at law is abolished, but proceedings in equity are still kept distinct from actions at law: Ming Yue v. Coos Bay R. Co. 24 Or. 392, 33 Pac. 641. If the facts alleged in the complaint show a cause cognizable in equity, although it was brought as an action at law, the court will not retain the cause and try it as a suit, but will dismiss it. Ming Yue v. Coos Bay R. Co. supra.

Litigants will be compelled at their peril

to elect as to which of the two jurisdictions they will resort for relief, so long as the present line of partition is kept up: Beacannon v. Liebe, 11 Or. 443, 5 Pac. 273; Burrage v. Mining Co. 12 Or. 169, 6 Pac. 766.

It is only the form not the substance of the action that has been abolished: Weber v. Rothchild. 15 Or. 390, 15 Pac. 650, 3 Am. St. Rep. 162; Konigsberger v. Harvey, 12 Or. 287, 7 Pac. 114.

All the common law remedies are preserved in some form, and when a course of proceeding is not specifically pointed out, any suitable process may be adopted conformable to the spirit of the code: Aiken v. Aiken, 12 Or. 203, 6 Pac. 682.