Daily capital journal. (Salem, Oregon) 1903-1919, 1911-06-05

cense, regulate, control, or to sum
press or prohibit the sale of intoxi-
eating liquors therein is vested in
such municipality; but such munici-
patty Shall within its limits be SUBJ
lect to the provisions of the local on
tlon law of the state OF Oregon. y"
l.. o. L. p. XIV. The change made
November s, 1910, consists in the adj
dition of the words included within
the parentheses above noted.
The local option law referred To Is
set forth in the code as Secs. 1920
1887, l.. o. l.. By that act 1t devolves
upon county court, upon the re-
celpt OF a proper petition therefor.
to order an election to be held in the
entire district described in the appli-
cation. The territory which may be
included therein is an entire county,
or subdivision thereof which con-
talns TWO or more contiguous pre-
cincts, or it may be composed of A
single precinct. "Such subdivision of
a county or a precinct of a county.
may embrace in its limits incorpor-
ated towns and cities and portions
thereof, or may consist of the whole
or a portion of an Incorporated city
or town, or may lie partially within
and partially without an Incorporated
city or town" ID Sec. 1920.
Elections to determine whether or
not the sale of intoxicating liquors
for beverage purposes is to be pro-
hibited in any designated territory
shall be held only on the first Tues
day after the first Monday in Novem-
Der of any year. "The elections pro-
vided for by this act shall be held at
the regular voting place or places
within the proposed limits and by
the judges and clerks of election ap-
pointed and qualified under the gem
eral election laws of the state, or if
held at the time of a city election,
then within said city or town by the
judges and clerks appointed and
qualified under the charter of such
incorporated city or town or under
the laws of the state regulating such
city or town election, and the re-
turns thereof shall be made in con-
formity with the provisions of said
general election laws If, under the
provisions of this act, an election
shall be demanded wholly or in part
in any incorporated city or town OF
any ward or precinct therein, to be
held at the time of the city or town
election in a year in which there is
no general election, then the county
clerk shall notify the proper author
tiles of such city or town that such
election has been demanded in order
that such city or town authority may
cause the official ballots to be pre-
pared in accordance with the pro-
visions of this act, and the city audi
tor, or clerk, or recorder, as the case
may be, shall make return to the
county clerk of the vote for and
against prohibition in the several
precincts of said city or town. and
thereafter said matter shall proceed
as in the case of a general election. u
Id Sec. 1922.
If, at a local option election, a
majority of all the votes cast in a
county as whole, or in a subdivi-
sion thereof, or in any precinct there
in, is for prohibition, the county
court must make an order declaring
the result of the vote and absolutely
prohibiting the sale of intoxicating
liquors for beverage purposes within
the prescribed limit. "The county
court shall issue an order of prohi-
bition for each and every subdivision
as a whole voting for prohibition
Notwithstanding the county as a
whole voted against prohibition.
Thereafter 1t shall be un-
lawful to sell or exchange or give
away any intoxicating liquor within
the territory included in said prohi-
bition order except as in this law
provided" Id. Sec. 1929.
If any election shall have resulted
in a majority vote for prohibition in
any county as a whole, no election
shall be held in such county upon
that question before the day OF the
general election following, Ia. sec
4991. "When such second election
results against prohibition, the court
shall enter an order setting aside the
nrevious order enforcing prohibl-
ton" Id. Sec. 1882. when prohi'
bition has been carried at an election
held for the entire county, no cleo
tion on the question of prohlDitloI
shall be thereafter held in any sub
division or precinct thereof until af'
fer prohibition has been defeated al
a subsequent election for the same
purpose held for the entire county
! in accordance with the provisions o.
this act; nor in any case where pro
hibition has carried in any suDdlvl
sion of any county shall an election
on this question of prohibition b'
held thereafter in any pDcinct o
sucb subdivision until prohibition
has been defeated at a subsequen
election held for such entire SUD
division" Id. Sec. 1888
J. It is believed that the foregolnl'
| SYNOPSIS of, and excerpts from TN
local option law are sufficient u
show the general scope and purpos
of the act. so far as involved herein
These provisions were rendered ap
nlicable to the entire state June :
1904 under the initiative power, and
by complying with the. terms pre-
scribed, could be put in force IN an
designated territory, not exceedin
the area of a county. Hall v. Dunn
70 Or. ATS; Gay " Eugene, % vi
$50 When such statute is made Ell
fective in any incorporated city o
town by a majority vote cast at al
election regularly held, the powe
delegated to the municlpanty
the municipality to license the sal
of intoxicating liquors is suspended