Daily capital journal. (Salem, Oregon) 1903-1919, 1909-07-13
SUPREME
COURT
OPINIONS
Ten Decisions Handed Down
Today-EleCtion Case in
Union County of More
Public Interest.

An important and interesting opin-
ion was handed down by the supreme
court today among several others of
less public interest. in the case of
Julius Roesch against j.. G. Henry,
county Judge of Union county, and
the county commissioners, J. W.
Slider and Ben Brown, respondents,
in which the supreme court holds
that failure on the part of the sher-
iff of a county or any other official
whose duty it is to post notices of
election to do so, does not render an
election void because one precinct
has been overlooked in posting the
notices, and in the case at hand the
decree in the circuit court of Union
county dismissing the suit in which
Roesch, the appellant, seeks to enjoin
the county court from declaring the
results of an election held in La
Grande on June /. 1909 for the pur-
pose of determining whether or not
the sale of intoxicating liquors as a
beverage should be prohibited, is af-
firmed.
The appellant, being a brewer OF
LaGrande, held that the election was
not valid owing TO a district contain
lux 90 ltENl NuNtlH htlhk ONtllbbhtu
when the notices of election were
posted. In an opinion written by
Chief Justice Moore. IL is held that
inasmuch as one precinct was pos
sibly omitted, it contained no more
than 3S votes and no system of cal
culation can so change a registration
of 3S voters so as to overcome ma
jority of 600 votes In favor OF prohi- |
bition, and that such a defect as al |
legged could not have possibly changed |
the election results.
In concurrlng opinion written by |
Justice Mcbride. the following is |
cited: II do not suppose Il will |
make any great difference whether |
thirsty citizens of Union county get |
their supplies at licensed saloons,
as they have been want to do these
many years, or are compelled TO |
adopt the inconvenient methods fire. /
quently practlced In socalled dry |
counties" but the principle involved /
here is far-reaching. Local option
elections are not the only special
elections in which citizens are likely
to be required to participate. Spe-
cial elections TO fih vacancies In of
flee may be called by proclamation
of the governor. and | hesitate To
adopt a rule which will say that the
citizens of a state or county or even
n precinct, may be disfranchised by
the failure of a careless or fraudu-
lent officer TO post single notice,
Justice Eakin also concurred In
Chief Justice Moore's opinion.
In a dissenting opinion by Justice
slater, and which was concurred In
by Justice King IL Is cited that they
think the notice required is impera-
tive according to law and that an
injunction should be issued restrain
ing the respondents from declaring
the results of the election. The case
stands, however, In favor OF the
officials OF Union county and
prohibition still reigns.
Nine more cases, principally in
equity. were also decided today.
Charles +. Johnson, respondent, VS..
Sam Iankovetz. appellant, appealed
from the circuit court OF Multnomah
j. b. Cleland. Judge; motion
to dismiss the appeal denied, opin-
ion by Chief Justice Moore.
Il. h. Seabrook, respondent, VS..
Coos Bay Ice and ,old Storage Com
pany, appellants, appealed from the
circuit court OF Coos county, j. w.
Hamilton. Judge; petition for rehear-
ing denied; opinion written by JUS
tice Eakin.
Mrs. W, Rynearson and Bart Ows-
ley, respondents, VS., Union County
Or, appellant, appealed from the cir
cult court of Union county, II. j.
Bean, Judge; affirmed; opinion by
Chief Justice Moore.
j, T., Laughlm, appellant, vs.. L.
Corners et al, respondents, appealed
from the circuit court OF Baker coun-
~, William mith, judge, affirmed;
opinion by Justice Eakin.
Albert Obel, respondent, VS.. Coos
Bay Roseburg and Eastern Railroad
and Navigation Company appellants,
appealed from the circuit court of
Coos county, J, w. Hamilton, Judge; II
reversed and remanded; opinion by
justice EaNin.
Floyd l.. officer, appellant, vs..
Finlay Morrison and c. c. Guernsey, I,
appealed from the cir
cult court of Grant county, George (
r.. Davis Judge; reversed aud re-
manded; opinion by Chief Justice
Moore.
James Ferrari minor, by Rosa
Ferrari, guardian OF his persOl and
estate respondent, VS. Beaver Hill
Coal Company and Daniel Maher. APP
pellants, appealed from the circuit
court of Coos county, j. w. Hamilton.
Judge; affirmed; opinion by Justice
King
The oregon Railroad and ,Nvlga