East Oregonian : E.O. (Pendleton, OR) 1888-current, 1911-02-25
Governor West Holds Primary
Measure is Contrary to the
Constitution.
ATTEMPT TO TASIPER
WITH LAWS OF PEOPLE
Section Which Prevents Voter from
Voting for Only One Man Is Most
Time to Remedy Defects In Present
Law is After Interests Cease War.

Salem, Ore, Feb. 25.-For the rea-
son that he holds the bill to be un-
constitutional in that it seeks to de-
prive the voter of his constitutional
righ to vote for one person for nomi-
nation and for the additional reason
that he considers himself bound un-
der his promise to the people of Ore
gon to veto any law that attempts to
tamper with the laws that have been
approved by them. Governor Oswald
West filed the second choice primary
bill with the secretary of state yes
terday afternoon with his veto.
when the men who oppose the
peoples system cease their attacks
on it and recognize the fact that it
is here to stay, then will it be time
for the legislature to seek to i'm
prove it," says the governor in his
message accompanying the bill. The
governor says regarding the bill in
the veto message:
1T violates sections and 16 of
article II Of the constitution of GRE
gon in this:
May Have No Second Choice.
at seeks to deprive the voter of
his constitutional right to vote for one
,person for nomination under the til
tie to every office where more than
twice as many persons of one politi-
cal party are candidates for nomina-
ton in one political office division as
there are positions to be filled there
in, unless he also expresses a second
1nin
may not have a second choice, and
the legislature cannot, under the con-
stitution compel him to name a Sec
ond choice under penalty of losing
his constitutional right to vote for the
nomination of one person.
But even if the bill was not open
to this constitutional objection,
should consider myself bound to veto
it under my promise to the people of
Oregon in the recent campaign, that
if elected l would not permit any
tampering with the laws they had ap-
proved by their votes. The "Oregon
system" may need amendments, but
SO long as it is attacked as a Whole
I am compelled to stand solidly on
the proposition that its results are
SOOu SllpuSH lOT tie present.
when men who now oppose the
peoples system cease their attacks
on it and recognize the fact that it is
here to stay, then will be time for the
legislature to seek to improve it,"
In speaking of the governors ac-
tion in vetoing the bill, Speaker Rusk,
the father of the bill, who is still at
the capitol, made the following state
ment
Il am one of the lawyers who is
not a constitutional lawyer. but I do
not believe this bill is unconstitution-
al and 1 believe it comes clearly with
in the provisions of section l and
16 of article II of the constitution.
Further, that this being provision
relating to primary elections, 1 do
not believe the constitution has any
thing to do with it. as the legislature
has complete control over such mat
ters irrespective of The constitution.
"As to it being an attack upon the
Oregon system 1 pride myself in be-
ing as good and staunch a friend Of
the oregon system as il has in the
state of Oregon. 1 yield first place
to no man in my loyalty to progress
sive popular government, and l class
Senator Sinnott of The Dalles, and
Representatives Gill of Dufur and
Brownhill of McMinnville, along with
myself as true friends of the peoples
laws. These men, with myself. were
the authors Of the bill, and l am sure
have no apologies to make for pro-
noting any measure that they ap-
prove.
"Of course, if We are to have no
party organization then there should
be no second choice. but l hold that
If a man is to have the benefit of the
party name and prestige, that before
having this he ought to be compelled
to be either the first or second choice
of the majority of his party. This
house bill 402 REQUIRED him To do"