The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1900-02-04

qberilon in yiow os the fact tfst sucn
IL the Interpretation given 70 the stat
ute both ! those who favor and who
oppose tho petition, as am informed.
But even II such be the proper con-
structlon. - MT think II necessarily
follows that The court may not receive
teFtimopy 70 show whether or not one
who appoars on the poll books 10 have
voted only for district officers was In
int a votoF u the county.
The object Of the law apparently IL,
10 require sub petition 10 be signed
by majority Of the voters Of the
county az shown Ny the poll books. and
where, l,y the poll books the question
is left IN do bt as 20 whethe, or not
the party Is a voter Of the county. it
seems reasonable construction 10
hold that the court may take such
other evidence as II may deem satls-
fartory 20 aid It in arriving at the fact,
therefore conclude. that in case the
naine OF the voter appears On the poll
book, but Il alsV appears that he voted
only for state ana district officers the
court may take testimony showing
whether or not he was az the time and
SIN Is an actual resident voter Of the
county.
! have now answered the only ques-
tiUn submitted to me. but In view Of the
fact that in case you shall grant the
petition and levy the tax. the validity
Of your action viii probably be tested
before the courts. do not wish to
b. Understood as expressing the opin-
lon that "a case you shall conclude
that a majority Of the yoters have Pc
titioned for the tax, you are author
lied under these petitions TO make the
levy On the contrary, fully concur
IN The opinion rendered your honor
able body by Mr.. c. X. Thompson.
agree with lin. that the petitions are
fatally defective in this, that they do
not propose 10 aid IN the construction
Of an existing highway. bat IN the
construction OF road to be hereafter
laid out and established "Over the
most practicable route" between GER
tain points. And. in my judgment,
there is another equally fatal objec-
ton to the validity Of the petitions,
namely. they apply to three separate
and distinct improvements, but so
worried that a voter must either petit
ton for all or none; must either re-
monstrate against all or none.
There are several reasons why thus
uniting the three proposed improve
menis ~ one petition renders it void.
Il is contrary to public policy thus to
pool issues" The residents Of one
part Of the county desire a certain
improvement undertaken by the tax
payers; the people in another part Of
the county desire a different improve
ment so undertaken. one may be
matter Of great public concern. while
the other may substantially subserve
only private interests. They are en-
bodied in one petition: In order TO Sc
cure the one Of vital public import
ance a voter is compelled to support as
we'll the one in which the public real
~ has no concern. The petition can
not he granted in part and rejected in
part. II must be granted or rejected
as Whole In the case instanced, a
voter could not demonstrate against
the project in which the public had
little or no interest without also re-
monstrating against that which the
public welfare required. Can you
doubt the invalidity of such a petition?
Every proposition submitted to the
people must be so framed and so sub
uittei as to permit full, free and
direct answer.
Now the statute in question provides
that the county may grant aid to such
improvements on the petition of a ma
jority Of the voters. or when the ma
jority Of the voters shall decide in fav-
or Of so aiding such public work, at any
special or regular election.
Suppose. now, instead of proceeding
by petition, the question of aiding these
proposed works had been submitted to
vote of the people Will it be con-
tended that it would be legal to so
submit them that one must vote in
favor of aiding all or none? Certainly
not, The proposition to aid each work
would be separately submitted and
separately voted on and to submit it
otherwise would render the election
void.
| submit that the improvements pro-
posed are Of too much Importance to
be allowed to drift into a maze of liti-
gaticn which will tie them all up for
several years. A general election will
be held iu June when any one or all
OF the propositions may be submitted
to 4 direct vote of the people.
Respectfully submitted,
c. w. FULTON.