Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, 1910-11-18
HOME RULE PUZZLES
SOME CITIES REMAIN DRY;
OTHERS REMAIN WITHOUT LAWS.
George E. Farewell, Attorney for
Wholesale Liquor Dealers, Says
There Is No Confusion.


There Is No Confusion.
Incorporated cities that voted wet
in counties that voted dry" at the
recent election where local option
elections were held, will be allowed to
sell liquor as soon as the Governor of
Oregon proclaims that the home rule
amendment to the constitution has
carried.
This is the opinion of George e.
Farewell. representative of the whole
sale liquor dealers, who outlines other
effects of the amendment as follows:
Incorporated cities in dry" coun-
ties that did not have local option
election must remain dry" for two
years.
Incorporated cities that voted wet
in counties that voted wet may sell
liquor as soon as the County Court de-
clares the vote carried and sets aside
the order of prohibition, without wait
ing for the adoption of the Home Rule
amendment
Councils in Incorporated cities that
are ''wet" may elect not to grant liq-
uor licenses
Five Counties Affected.
j. r. Knodell, superintendent of the
Oregon Anti-Saloon League, expresses
views that coincide only in part with
those of Mr.. Farewell. According to
Mr.. Farewell the only counties in the
state that will be affectedsby the Home
Rule amendment as soon as it be-
comes operative are Linn, Douglas,
Hood River, Josephine and Wallowa.
These counties have all apparently
gone dry" but several of the incor-
porated cities voted wet" All these
cities that voted wet" Mr.. Farewell
says, may sell liquor under the regula-
ton of city ordinances and the crimi-
nal laws of the state as soon as the
Governor proclaims the amendment a
part of the constitution.
In Yamhill, Benton and Lane coun-
ties, where no local option election was
held, the incorporated cities must re-
main dry with the county unless
they are voted "wet' two years hence,
as provided by the local option law.
Dry counties that voted "wet" may
dispense liquor without waiting for
the amendment to be proclaimed.
These counties are Crook, Gillian,
klamath, Malheur, Morrow, Polk,
Sherman, Tillamook, Umatilla and I'm
ion.
Opinions on Law Differ.
There is a wide diversity of opinion
concerning the meaning of the Home
Rule amendment. Attorney
Crawford is preparing an opinion on
the measure, which will be finished in
a day or two. other attorneys, when
asked for an opinion, would not dis
cuss the bill offhand and asked time
TO read II over and compare the
amendment with the provisions of the
present local option law.
Following is an opinion Mr., Fare
well submitted:
First-Where counties Cor subdivis-
ion thereof including cities), hereto
fore dry" vote wet" no city therein
voting wet" can license saloons until
the County Court enters an order set
ting aside the former order of proht-
bition, which must be done forthwith
after the canvassing of the vote.
Second-In case, however, such city
was formerly dry" by help of out
side precincts, but wet" by vote with
in city alone, and no vote on local OPP
ton was taken this year, Il is not clear
whether. the amendment can give the
city power of issuing licenses until the
same territory votes wet" IL viii take
a test case to decide. ! believe, howev-
er, the County Court can be compelled
to Vacate such order of prohibition,
within the city, as soon as the Cover
nor has issued his proclamation that
the constitutional amendment has car
ried, or the city can ignore the order
and Issue licenses. The amendment is
subject to the local option law, but
only within the city limits. Such order
being supported by a vote outside OF
der of the County Court is a nullity
after the passage of the amendment
ThIrd-In case a city was formerly
dry" but at the recent election the
city within its limits went wet" and
at the same time the entire county oi
subdivision thereof including such
CITY went dry" the County Couri
would have no power to order the city
dry" as the Home Rule amendment
prohibits II.
Fourth-The status Of all precincts
within a city whether wet or dry.
remains unchanged under the amend
ment.
Fifth-No dry" precinct or pre-
n #t-fs. .f f1n s4ft 90 D
be authorized by the County Court az
wet" territory until the same subdi
visions go wet under local option
vote.
sixth-No city council can licens'
the sale OF liquor i'm any precinct OF
city while a valid order OF the Count,
Court stands declaring Il dry" undel
the local option law.
seventh-The council OF a city ma,
refuse license. although the city votes
wet" And this extends to any pre-
cints therein.
Eighth-The dry" status Of {
county precinct is not changed by tn
amendment. even II made dry" by tn
help Of a city being included In tn
district.
IocaI Option law Modified.
II can see nothing complioate'
about the amendment" said Mr. Fare
well. 1T simply mobiles the local op
ton law now in force only 20 the ex
tent that a rural vote shall not max
city dry against the will Of the res
idents OF the city. The home rul
bin has even written the present loca
option law into the constitution OF tn
state with this slight modification.
For illustration. ten dry counties
according 10 returns. have gone wet
They are wet under the present loca
option law and the amendment Ia
nothing to do with their present stat
us The counties that have been 'drl
and voted wet are Crook. Gillian
Klamath. MaIheur. Morrow. Poik
Sherman. Tillamook. Umatilia and IN
ion. cities IN those counties that vote
wet are allowed saloons just tn
same as n there had been no HON
rule bill
.a~ourff..a rrIrh A. Vamhrl Benton