Daily capital journal. (Salem, Oregon) 1903-1919, 1911-08-03

116 against it; that at the preceding
General election held in that city 2Vf
more votes were polled than at sucl
special election; that by reason VI
the failure 10 post notices IN lhree
nublic places the election was vold
and the proposed amendment lnoper-
alive; that a sale Of the munlclpai
securities has been negotiated ana
unless restrained. the defendants
will deliver the bonds 70 purchasers
thereby imposing an Illegal burden
upon plaintiffs property for the re-
dress of which he has not plaln'
speedy or adequate remedy at law
A demurrer to the complaint on the
ground that it did not state tacts
sufficient to constitute cause oil
suit was sustained and plaintin de-
clining further to plead the suit was
dismissed and he appeals.
Moore, j. In support OF the de-
cree rendered herein it is maintained
by defendants counsel that the cnar-
ter of McMinnville became operative /
February IS, 1903 Especial Laws Or.
1903, D. 499J prior to the first amend
ment of section 2 of article ii OF the
constitution of Oregon, permitting
legal voters OF every city ard town
to enact and amend their municipal
charters; that such alteration OF the
organic act rendered section Of the
city charter imperative respecting
the manner of giving notice of an
election; and that only reasonable
notice thereof is required which was
given.
The section of the charter re-
ferred to is as follows: The re-
corder, under direction of the coun-
Gil, shall give 10 days notice by
written notices posted in three pub
/ lie places in the city, of each election
to be held, which notices shall state
the offices to be filled at such cleo
ton and the names of the judges
and clerks appointed to conduct the
same" Special Laws Or. 1903 p.
502.
The published notice was signed
by the recorder; stated when the
special election would be held; an
nounced the purpose for which it
was called; declared that a copy of
the proposed amendment of the char
ter would be furnished each voter in
the city; asserted that the notice was
issued by order of the common cOun-
Gil; gave the names of the judges
and clerks of each ward; and located
the place therein where the election
would be held. 1t will be seen that
the form of the notice complied with
the requirements of the quoted pro-
vision of the charter, as far as ap-
plicable A departure, however,
from the command of the section is
observed in that only one copy of the
notice was put up.
1t is perhaps true that majority
of the legal voters of every western
city and town can not only read the
English language but they take local
newspapers and keep informed as to
all neighborhood matters that inter
est or can effect them. In such az
age of enlightment it will be con-
ceded that the method pursued by
the recorder of publishing notice OF
the special election furnished much
better information respecting the
proposed amendment of the charter
than the posting of written notices in
three public places could possibly
afford But however this may be as
the ordinance granting the prayer OF
the petitioners declared that the
special election should be lin all re-
spects called and conducted in ac-
cordance with the provisions of the
charter of the City of McMinnville'
the command in this respect was i'm
perative and necessitated the posting
of notices in three public places in
the city in the failing to comply with
which the election was void and an
error was committed in sustaining
, the demurrer.
) The decree will therefore be re-
versed, the demurrer overruled an(
the cause remanded for such further
proceedings as may be necessary no
= inconsistent with this opinion.