Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-21

S~oA rSonu' naFo pSoa separated
from the other sheets or doc
uments to which at some time they
had been attached before being iled.
for the secretary of state has testi-
fed they are now in the same condi-
ton in which they we're when filed.
Although he is expressly authorized
BY statute to detach sheets contain.
ing signatures from the sheets COLI
tanning a copy of the measure, and
bind the former under one cover. at.
tached to one or more copies Of the
measure, but this, II done, must be
done in the presence OF the governor
Of the state and Of the person offer
ing the petition for filing. aud H.
must return to the person filing the
petition the detached sheets contain
ing a copy Of the measure; yet he
testiies he did not do this. He was
not required to do so, but II he at
tempted to change their form, he
must do II so that the evidence thereof
be indisputable, Still we find these
petitions all so rearranged as to be in
the form contemplated by the statute,
that they may have, only after they
have been filed, and not before that
time, or while being circulated. Who
so arranged or rearranged them. and
was it lawfully done. This depends up
on the testimony OF those who are
chiefly responsible for its circulation,
and particularly Mr.. !. H. Parkison.
We have already stated that the
statute does not contemplate that the
verify Of this petition, as to the ma
terial statutory requirements thereof,
should depend upon the parole testi-
mony Of any one. but requires that It
bear upon Its face the evidence there
OF at the time of being circulated and
at the time Of being rendered for fill
ing. Much less then could we enter
tain the oral testimony in explana-
tion Of the present condition of the
petition as to its present form when
it is surrounded with such a mass Of
fraud, charged and confessed in this
case, and by one who at least is indi-
rectly. II not directly responsible
therefor. This part of the petition
having no form of petition upon the
sheets, and containing over Ave thou
sand signatures, is therefore void.
1t is also charged in the complaint
that the whole petition is void be-
cause each sheet thereof is not at
tached to full and complete copy OF
the measure. The petition, as filed
and not already considered and dis
posed of, is made up into tablets of
ten separate sheets containing on each
a FORM Of the petition and signatures
verified in most instances by an afli-
davit, made by the circulator, on the
back of each sheet These ten sheets
are bound under cover with single
copy of the measure at the back under
the cover The wording of the stat
ute. when carefully examined, seems
to require a copy of the measure at
tached to each and every sheet, and
petition made up and circulated as
this one seems to have been, does not
meet the reuirements of the law.
Our supreme court has not so far,
construed the law so as to cover this
point and in view OF the grave
charges OF fraud made in the COM
plant and particularly at least ad-
mitted upon the trial. 1t is perhaps
better that the final disposition Of
this case be made upon the lattcr
ground which we will now proceed
to discuss.
1t is charged in the complaint that
some 25 different persons who clrcu-
ated different parts of this petition.
as the agents of II. ]. Parkison, coli.
spired and confederated together to
corruptly make spurious and false
petition by the writing of fictitious
names and addresses therein, and by
forging the names Of legal voters Of
the state; and that in pursuance there
of the said conspirators did write in
to said petition large numbers of
spurious names and forged the names
OF many legal voters of the state
therein; and by reason thereof all Of
the names in that part of the petit
tion, verified by these several circu-
lators. are spurious and void, and
their affidavlts false. The part OF the
petition thus challenged, includes
about ten thousand names out OF
total of thirteen thousand six hum
dred and fifteen. Quite a proportion
of these alleged fraudulent names go
TO make that part OF the petition
which is void as to It's form. These
of fraud and conspiracy made
in the complaint are denied by the
and the plaintiff has the bur
den Of proof as to that issue.
AS the taking OF the testimony or
this issue progressed at the trial,
plaintiff made such forcible and con-
elusive case Of the alleged fraud to
such decree that defendant, by his