Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1896-11-19
Concerning Those Ballots.

casioned concerning the printing of
the ballots for the recent election.
AS long as this talk was confined
to the mouthings of the two news
papers that had combination made
in the matter, it did not amount to
anything. But the matter has
been given a certain amount of
seriousness by the utterances of
one of the county officers, and for
that reason it is but justice to
County Clerk Jones that the truth
of the matter should be stated.
The facts in the case are these:
Prior to the time for printing the
county court undertook to assume
the duties of the county clerk as
laid down in the statute, concern
ing the printing and furnishing
ballots. The law reads as follows,
and is found on page 2S, section AZ,
of the Election Laws, of the State
of Oregon:
The county clerk ofeach county
shall cause to be printed. according
to law, all the ballots required
under the provisions of this act,
and shall furnish the same in the
manner hereinafter provided for the
use OF all electors in the county.
Ballots other than those furnished
by the respective county clerks, ac-
cording to the provisions of this act.
shall not be used. or circulated, or
cast, or counted in any election
provided for in this act."
Notwithstanding the plain letter
of the law, the court undertook to
take the matter out of the clerks
hands and to control the matter
themselves. Accordingly they
made an order instructing the clerk
to advertise for bids for printing,
and later on made another order
that Coll Van Cleve should print
the ballots, and made the further
order that has made them the
laughing stock Of the courts of the
various counties that have heard of
it, releasing the clerk and his
bondsmen from all responsibility in
the matter. This, if it had been
legal, would have left the response
bility of an official ballot upon no
one. the clerk being the only officer
concerned in the matter that was
under bonds, and the court pretend
ed to release them. County Clerk
Jones permitted the court to GO
forward in the matter simply be-
cause he had no control over the
courts actions. He was simply
the courts clerical officer. But
when the court undertook to have
him 60 contrary to the statute he
refused to do so.
The clerk was satisfied what his
plan duty under the law was, but
to further assure himself he con-
suited competent attorney, as well
as other county clerks, and was
assured by each and all of them
that his duty was made plain by
the statute and that the court could
not assume it, nor could they
legally release he and his bondsmer
from their liability in the matter.
Accordingly Mr.. Jones, after
considering the amount of work
involved, the liabilities of mistake.
being made, and the responsibility
laid upon him, took the job to the
LEADER Office. where it wa.
promptly and properly done within
the time prescribed by law. The
clerk simply acted within the law
as he construed it, and his only
desire was that the ballots should
be strictly legal, that they should
be printed in the time required by
the law, and that the responsibility
laid upon his official soldiers SHOULD
be fully met. He knew that i