The daily journal. (Salem, Or.) 1899-1903, 1903-07-20
Lawyers Think Port
land Judges are
Mistaken
Layman Suggests that Multi
nOmah Should Hold Civil
Service Examinations
for its JudgeshipS

that the initiative and referendum
amendment 70 the constitution was
not legally adopted. and that II was
therefore no part OF the constitution
OF this state. and the friends OF direct
legislation are chagrined at the turn
affairs have taken In that connection
That the case Will be appealed TO the
court OF last resort for a decision IL
GENERALLY expected. and the question
now Is. will the supreme court uphold
the lower tribunal. declare the amend
mont illegally adopted. and, therefore
not adopted at allg
The Portland judges In discussing
the case. take the ground that the
equal suffrage amendment, introduced
In the legislature at the session of
1895. for the first time submitted for
the second time to the legislature OF
1899. before being submitted 10 the
people for their votes. was pending
when the initiative and referendum
amendment was voted on for the FIRST
time In the legislature OF 1899, and.
under the provisions OF the constitu.
tlOn, that no amendment can be pro
posed when another amendment Is
pending. they hold that the last named
amendment was not legally proposed.
and. therefore. void. They further
hold that the legislature OF 1899 was
the first one legally elected after the
equal suffrage amendment was pro
posed In 1895: that the legislature OF
1897 was not chosen within the mean
ing OF the law; In fact. that no legis-
lature was ohoaen In 1896. and that,
therefore. the equal suffrage amend.
ment proposed In 1895 was referred TO
the next legislature chosen. that OF
1893. and was pending when the inltia
tive and referendum amendment was
proposed. making any action taken on
the last named amendment null and
void.
Eminent attorneys. who have care.
fully studied this phase OF the case,
In this city. disagree with the able jur.
lists who decided this case In Portland.
and they express their belief freely
that when the question comes before
the supreme court reversal Is almost
certain on this point. That the logls-
lature did not organize IN 1897 Is, OF
course, conceded. but that did not In
validate the election held In 1896. and
they hold that the legislature was
chosen, and legally chosen. within the
meaning OF the constitution. The
members were all elected. met at the
capitol, and the senate organized and
transacted business, while the house
after porfecting a temporary organiza.
tlon, proceeded no farther. and. while
II IL true that the pending amendment
could not be submitted 20 the legisla
ture, the legislature was stu legally
elected aud the amendment died as
undor the peculiar circumstances eX.
listing Il was not voted on by "the leg.
islativo assembly chosen al the next
general election held after the 1895
session. when the equal suffrage
amendment was first passed. Author.
tiles have been consulted on this oues.
uon OF choosing or electing officers.
ana all OF them agree that the election
Is complete as soon as the votes are
cast, and that no subsequent organi.
katlon or other act Is necessary TO
complete the election A few OF the
definitions OF the word chosen" may
not be amiss here.
In Cook w. South Park Commission
81 Illinois. the supreme court of that
state SAYS; ITO choose signifies IN
iake one thing rather than another
and holds that the words chosen"
aud elect are synonymous.
The American and English EncycIO.
pedia OF law gives the definition OF the
word choose" 10 make choice Of 10
select, 10 take away by way OF prefer.
onfN two or mnra fhtnusa nN,r.H -.
elect" W
An authority directly In point ON the
snhicienoy ot the election may be
quoted here 20 support the contention
that the legislature OF 1896 was
chosen long before the members met
IN Salem for organization. In state
W Hunt 81 New Hampshire. D iSi
the supreme court OF that state saws.
when a person dies after he has
been chosen county 0fieAr. thongh
before the votes are counted. the court
has the authority 10 declare the ONCE
vacant, aud nll tho vacancy"
Under these authorities lawyers
here, who have studied the question
fuid that the position of the Purtland
ladges that the legislature of 1897 was
not chosen" and that after 1895 me
ntN, ~, one chosen was that OF 1899, |
!. ,sse'ed IN lssS Is erroneous. and that |
nc equal snnrage amendment was
iead m 1899, when the Initiative ana
.el.fendum amendment was proposea
ana that no amendment was then /
I, OUT paw ever whip you'" asked