Daily capital journal. (Salem, Oregon) 1903-1919, 1907-06-04
- r1crNr pIsREc,RpINc CLERICAL AND

~FICENT, DIsREGARDING CLERICAL AND MERELY IEohNioAL
The mandatory part of statute which must be OOsysa
distinguished from the DIRECTORY part oil
the disregardng which is not necessarily ata'
Rapaiges Law Dictionary, Vol q page 7Ss - - -, , ,,,,
DECLARED IN BODY OF THIS Law THAT THE FORMS
GIVEN MANDATORY. SEE SECTION 3.
mandatory they directory only tnat @ tney are given
be required where 1t is made by the
law mandatory follow the
In word substantially means
necessary understand what Substance"
, n,nnnrv volume | as follows: NEUTRALITY-SUSPICIOUS.;
THE MATERIAL OR ESSENTIAL PART OF THING AS DsTIN-
In the case Of peberger vs. Tdwe
what by the language concerning cert
follows: Substantially as toloWs mere giving
form) that used in this connection it
comprehending all OF the form given hat
necessary essential"
Again 1913 Ind 42s by the court that
COPY BUT RATHER COPY MATERIAL AND ESSENTIAL
PARTS, ABSTRACT OF THEM
santay given and considered by the
[ - n sumcient petition to put in only abstract
of the
1t takes consideration, TO SEE
HOW RIDICULOUS CONSIDER THE LAW ANY
This very provides Section page
1907 Session Laws that W petitions for the initiative and refer
signatures shall be printed on pages inches
inches length with margin of one and theeurths
inches a binding"
Now suppose that the referendum applied
provsonsw inspection of the
be n haec verba put into the petition
indicated for the title the act AND THEN LEAVE ROOM
TWENTY NAMES?
It will readily were
421 1907 Session Laws that under cond
whole the petition to print
of the and there would be room left for petitioners
The title of House bill No a2 2O6
printed a of by
threeOuhs inches the for binding
THESE OBJECT LESSONS
MADE MANDATORY TO PUT THE WHOLE TITLE OF THE ACT INTO
AREFERENDUM
show why this law provides right after the form
the title text
of the proposed by the Initiative Petition"
Referendum petitions shall be attached
to full and correct copy OF the measure on which the referendum
aw BEFORE FINALLY GOES EFFECT AS LAW. THE
AN ACT NO PART OF THE LAW BUT THE NAME OR
MAKERS" webber, Ia
bottom sc and top 81
nc S o point no
of the law itself is enough to see why necessary
the full title of the act for
measure" because that required by the contu
different The
demanding that the applied
that
under the law do so; SUFFICIENT THE
THE ESSENCE OR AN ABSTRACT OF THE TITLE OF THE
do not think authorities
the full title of the petition calling
for referendum when in the body of the Initiative and Referendum
DOES REQUIRE
forms concerned substantial compliance is sufficient and that
"CLERICAL AND MERELY TECHNICAL ERRORS ARE BE
REGARDED"
title THAT THE PEOPLE PURPoRT OF
MEASURE u.s. AN AMPLE AND SUBSTANTIAL CoMPIL
ANCE WITH THE LAW so FAR AS THE FORM OF THE PETITION
CONCERNED.
presented Secretary filing
thinks the
the his
duty submit the the
question and find that sufficient for that then
should direct the State find that
that does accomplish that object should d
him that
In the under consideration reading this
THAT THOROUGHLY UNDERSTAND WHAT
MEASURE 1T L THAT THE PEOPLE ARE MOVING AGAINST.
The petition
ated n and gives the title of the bill originally framed and
introduced the
The petition
and THE ENACTING CLAUSE IN THIS MEASURE SUPPLIES THE
REMAINDER OF THE TITLE amended after the bill passed
the legislature That
certainly the whole