The times-herald. [volume] (Burns, Harney County, Or.) 1896-1929, 1909-02-27
VOTE AS YOU PLEASE.


asked by several voters to eX-
plain the ordinance referred to
the people of this city governing
the salaries of the various officers
which will be voted on next
Tuesday at the annual election,
After looking up the initiative
and referendum act we find that
it is really immaterial which way
one votes for our charter gives
the city council power (subject
to the provisions of the initiative
and referendum law to regulate
the salaries of the recorder, mar
shal and treasurer, therefore an
expression either one way or an
other will be of no consequence
so far as effecting the salaries Of
the present officers are concerned.
The ordinance was passed by
the council because of (as they
claim dereliction of duties by
the officers effected. These men
! invoked the referendum within
the time limit and the matter
was allowed to lie until the regu-
lar election, the council being
under the impression that should
the ordinance be sustained it
would go into effect from the
date of its passage. But such is
not the case. The ordinance will
take effect from and after the
date of the proclamation after
the vote is taken and does not
effect the back salaries of these
officers for the old ordinance
holds. The sections of the law
bearing upon the case are as fol-
lows:
"* " 1t shall be the duty of
the Secretary of State, in the
presence of the Governor, to pro-
ceed within thirty days after the
election, and sooner if the returns
be all received, to canvass the
votes given for each measure;
and the Governor shall forthwith
issue his proclamation, giving
the whole number of votes cast
in the State for and against each
measure and question, and de
claring such measures as approx
ed by majority of those voting
thereon to be in full force and
effect as the law of the State of
Oregon from the date of said
proclamation; =
Section 10. In all cities and
towns which have not or may not
provide by ordinance or charter
for the manner of exercising the
initiative and referendum pow
ers reserved by the Constitution
to the people thereof, as to their
municipal legislation, the duties
required of the Secretary of State
by this act, as to state legisla-
ton, shall be performed as to
such municipal legislation by the
city auditor clerk or recorder, as
the case may be: the duties re-
quired of the Governor shall be
performed by the mayor as to
to such municipal legislation,
40
Under these circumstances, il
will be seen that the full pay
must be allowed the officers up
to the date of election and the
new council may at once repeal
any former ordinance and regu-
late the salaries as they see fit.
A vote to sustain the ordinance
would merely mean vindication
of the act of the council and not
necessarily binding upon the in
coming officers. The voters would
not expect to get an efficient mar
shall at $40 per month and OF
course the council elect would
feel disposed to raise the salary
of that officer at least. The re-
call was the remedy open for the
council or an immediate election
would have settled it, but now
we have new deal"
The initiative and referendum
law seems to be lame in not max
ing seperate provisions governing
initiative and referendum mea-
sures.
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