The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1903-11-28
Can Not Avoid
Special Election
Governors Writ Has Been Issued
and Sheriff Could Not Pos.
sibIy Ignore Mandate,

OF late there has been considerable
talk in Astoria with reference to the
suggestion advanced that clatsop
county ought 10 be saved the expense
OF the special election called by Cow
ernor Chamberlain. The election VIII
cost the county si7oo or $500. and, II
Is eontended, a state senator will he of
little benefit. II indeed OF any, 10 the
people OF the county AZ the special
| gathering OF the legislators, Al sorts
OF wild and visionary schemes have
been suggested by persons anxious to
avoid this expense. and only yesterday
1t was publicly recommended that the
county might be saved material sum
, II the two political parties were TO
agree upon a candidate. Instead ot each
terminating one,
As to the proposal advanced that no
srecial election be held, the idea is alb
surd. The duties OF the governor and
OF the sheriffs n cases of the kind re-
Gently arising here are specifically and
plainly defined IN the oregon code
which says:
"sss When any vacancy shall
happen in the office OF member Of the
senate or house OF representatives, by
death, resignation. or otherwise and
session OF the legislature Is TO take
place before the next biennial election,
the governor shall issue u writ ot
election. directed to the sheriff OF the
county, or sheritfs of the counties conf
posing the district in which sush vaean
cy shall occur, commanding him or them
to notify the several judges OF elee-
tion In his county or their district 70
hold special election 20 hll such
vacancy or vacancies, at u time ap-
pointed by the governor.
II will be observed that the code
plainly instruets the various officials as
to their procedure in caesot vacancy
In legislative Offices. The law does not
prescribe hat the governor may" Is
sue a writ for special election'but that
he shall issue such writ. II would
be just as utterly impossible for the
sheriff to disobey the mandate OF the
governor as for the sheriff to disregard
the mandate of the circuit court. The
governor is instructed as TO what he
shall do and there Is no other course
open to him. EXCEPT that he should un-
dertake to disregard the laws OF the
state.
The question Is an interesting one
and brings up interesting possibilities
Suppose, for instance, that the two
political parties should agree with the
county officials that no election be held
on December 16, as provided In the gov
ernnr's writ, the understanding being
that the writ be ignored. An agree
ment OF this kind would make II poss-
ible for the judges and clerks OF some
remote precinct to get together, hold
an election at which not more than
half hozen votes tor. for that matter
a single vote) might be cast and thus
bring about the regular election OF
state senator.
The governor might have ignored the
cole, but, having issued his writ, the
election must be held.
As to the statement that the selec-
tion Of candidate by the two parties
would save the county material sum.
this, too. is ridiculous. II there were
to he but one candidate at the forth
coming election, the cost of the cleo
ton would be as great as II there we're
four or Ave candidates.