The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1904-05-28


consider it favor to one of your subscribers.
NIRs. c. A. GEARHART
The section referred to is No. TO- 1t provides as
follows:
Said court SHALL on the 18th day after the
election, or thereafter as practicable hold
special session. and if majority of the voters here
on Preference being made of course to the proposal
for local option) in the county as whole or in any
subdivisions IN the county as whole or in any pre-
cinct in the county for prohibition, said court
shall Immediately make an order declaring the re-
suit of said vote and absolutely prohibiting the sale
of intoxicating liquors within the prescribed limits
except for the purposes and under the regulations
specified herein, until such time as the qualified vo
therein, at legal election held for that purpose
by majority vote decide otherwise The
county court shall issue order of prohibition for
each and every subdivision as whole voting for
prohibition, Notwithstanding the county as a whole
voted against prohibition
Mrs. Gearhart may well suggest that the law
raises nice point for the student Of the kings Eng
ISh. The clause of the law is capable Of the legal
Interpretation which has been placed upon it. On
its face it seems innocent enough and quite fair but
the following construction viii present it in diff
ferent light We shall quote from section 10 as fol
lows to show that the law is calculated to render all
of the precincts of county prohibition territory
should the majority of the voters Of the county vote
for prohibition:
And if majority Of the votes hereon in the
county as a whole (or in any subdivisions of the
county as whole or in any precinct in the county,
are for prohibition said court shall Immediately make
an order declaring the result of said vote and abso
lutely prohibiting the sale of intoxicating liquors
within the prescribed limits. y
By eliminating that portion of the clause which
appears in the foregoing paragraph in parentheses
the real meaning of the clause becomes apparent In
other words if majority of the voters Of the county
are for prohibition the court shall declare the county
prohibition territory. The law makes no such dis
tnctiOn the other way merely declaring that though
the majority vote of the county may be against pro
hibition those precincts voting for it shall be de-
elared prohibition territory. The kings English,
when woven into expressions by lawyers, is oftimes
bewilderng, but occasionally other lawyers who are
versed in the art of literary deception hunt out these
shrewdy hidden meanings and (for competence,
no doubt show them up.
The Astorian has no fight to make against the
local option law, in the first place for the reason that
it has not the remotest idea the law will meet
the approval of the voters of the state and in the
second place because the directly interested can
be depended upon it is to be presumed to make ther
own fight Our reference to the deception of sec
tion 10 due only to desire to call attention to
the fact that the bill does not provide for local op
ton, except in the event that the majority of vot
ers of all the precincts Of county against it, butt
that it provides for absolute prohibition in the event
of the majority Of voters supporting the measure.
Laws ought to be called by their right names This
law was unquestionably framed for the purpose Of
deception and it is only just that the voters should
be acquainted with the fact The evident effort tOI