Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, 1910-11-15
OPINIONS VARY WIDELY
INTERPRETATIONS OF HOME
RULE BILL ARE MANY.
Efamer of Local Option Law Says
Home Rule Practically Nullihes
That Measure.

With ''home rule" assured as par
of the constitution of Oregon, ques
tions are being asked on every hand a
to what 1t means. On one side the vic
tory of the home rulers is proclaime,
as notification of the local optiol
law and on the other it is declared
home rule means nothing more THAI
sane regulation, embodying the righ
of each city and town to control itl
own destines
All are agreed that the change made
in the constitution will invest all mu-
inequalities with the privilege of licens-
ing saloons, regardless of local OPP
ton vote within the county Any town
that decides to be wet, either by vote
of the people or by action of it's city
or town council, can license the sale
of liquor, and there is no higher pow
er to say nay.
Subject to State Laws.
This power to license saloons is
subject to the criminal laws of the
state and to the further provision
that such municipality shall within
its limits be subject to the provisions
of the local option law of the state Of
Oregon"
Upon the Interpretation of this part
of the amendment lawyers are not
agreed. Some contend that it allows
the council of Portland, for instance, to
| license a saloon anywhere within it's
limits although the precinct where
the saloon is located may have voted
dry
Others assert that local option may
still be used to keep precincts dry
within city so long as the precincts
are wholly within the town. This view
construes Shall within its limits be
subject to the local option law" as
meaning that the law as to voting by
precincts is unchanged
The Other View.
The contrary view is that this pro-
vision must be interpreted in the light |
of what goes before whereby the vot- |
ers of every city and town are given
exclusive power to license regulate,
control or to suppress or prohibit the
sale of intoxicating liquors." Follow
ing this comes the provision as to
Such municipality being subject
within its limits to the local option
law.
This language, 1t is asserted, refers
to the municipality as a whole, as a
entity. According to this
view, the entire town must be "wet" if
1t is so voted, and the city council
would have power to locate saloons
anywhere it chose.
Another effect of the amendment is
TO prevent the combining in one local
option district of city precincts with
outside precincts Country precincts
outside a city may be combined, as be-
ore, and according to one view two
'r more precincts entirely within
'ity may be combined, as at present.
Uniting of Precincts.
But city precinct cannot be united |
With an adjoining country precinct,
md a precinct partly within a town
annot vote on local option at all. If
country precinct includes an incor-
'orted town which votes wet, the re-
nainder of the precinct cannot vote,
or the local option law contains no
revision for voting by parts of pre-
incts and the country district cannot
lterfere with the licensing of saloons
y an incorporated town.
Judge Earl C. Bronaugh, who draft
d the local option law, takes the view
nat the local option law is practically
ullifed. He says he is not clear as to |
le effect of the home rule amend |
tent on dry precincts within the city |
Portland or other cities of the |
ate, lie regards the amendment rs |
Den to two constructions, either one |
which may be adopted by the |
'urts Upon the ruling of the court
ould depend whether the city of
Drtland by its council, can license a
loon in a residence district now dry. cr
ne home rule measure becomes a wi
Irt of the constitution and is there be
re superior to the local option law. de-
1ich is only a statute Therefore If /
" question Of conflict between the OK,
o in Interpreting the law the courts Th
II be compelled to give first place to pr,
@ constitution, of which the. home rrl
lie amendment soon will be a part on