Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-30

notbing remains except to enforce It.
The thing which we are to seek is the
tbought which it expresses. To ascer-
tain this. the first resort in all cases
Is 70 the natural Specification OF the
words employed, in the order OF gram
matical arrangement in when 'ne
trainers Of the instrument have placeu
them. If, thus regarded, the words
embody a definite meaning involving
no absurdity and no contradiction be-
tween different parts Of the ins'ru-
ment then that meaning, apparent on
its face is the only one we are at lid
erty to say was intended to be con-
veved In such case there is no room
for construction. We have no right 10
add to or take away from that mean
ing Endlich Interpretation OF stat
utes, section 5O7; Cooley's Constltu-
tional Limitations, Z ed, p. So.
It is undoubtedly true that con-
stitution is law differing from stat
utes in its paramount force in cases
of conflict, being supreme over all ol
them (Cooley's Constitutional Limita-
tions, p. 7S). A constitution Whlcn
nrovides for the future as well as the
present is to be interpreted so as TO
carry out the great principles OF gov
ernment and to this end the applica-
tion of arbitrary rules Of construction
is to be resorted to with hesitation
and only with much circumspectlon'
Endlich's Interpretation of Statutes
sec. SOC.
AS to what laws are local or spe-
cial. we notice the following author-
ties: "An act is local when the sub
iect relates to portion only OF the
people or their property and may not
either in it's subject, operation, or I'M
mediate necessary results, affect the
people of the state or their property
in general" So Cyc. 9S7, note, citing
sedgwick st. & Const Constr, q ed)
n. $50 note QUOTED in Earle V, san
Francisco Bd. of Education, 90 Cal
4S9, 491; State V. Pond, SO Mo. 6O6
$40, 6 S. w. 469.
"The term local as applied to stat
utes is Of modern origin, and is useC
to designate an act which operates
only within single city, county OIL
other particular division or place, anC
not throughout the entire Legislative
: jurisdiction. In this sense, the tern
local is the antithesis of general.
SO Cyc. 9S7, note, citing State V. sayre
142 Ala. GAL, 80 So. 24O, See alsc
McGregor v. Baylies. 10 la. 49,
' The qualifying words local" anc
i special" relating to municipal legis
4 latlon used in Art. w, section la, ar,
@ synonymous terms, and mean enact
ments intended to affect only certail
q persons or to operate in specified 10
: calites only. Acme Dairy Co. v. AS
! toria, supra.
n The principle Of local self-govern
C ment Is regarded as fundamental Il
e American political institutions. 1t l
l. not an American invention, but is ira
l. ditional in England and is justly re
r garded as one OF the most valuabl
!" safeguards against tyranny and op
e preston. From Blackstone and tn
e elementary writers we learn that tn
If civil divisions of England, counties
l. towns, etc. date back to the times O
(, Alfred the Great. In no changes @
,e policy, dynasty, peace or internal wa
,e or even conquest, have these organiza
r tions been abandoned. They are 1
lie effect the same now as they were be
n fore the Norman invasion. Whereve
Of the Anglo-Saxons have gone with thei
OF language and laws, these communI
n ties, each with local administration
as have gone with them, Here have bee
IN the seats Of modern civilization tn
is nurseries Of public spirit, and the cen
in ters Of constitutional liberty. The
e, are the opposltes of those system
or that collect all power at a commo
he center. This right of self-governmer
N should be carefully guarded, and ever
he infraction or evasion thereof, cor
ed demned This important principle find
err Its Ideal counterpart in the New Ems
We land town meeting, which is a legs
Is assembly composed Of the Qualifle
Is voters of a town, and held for tn
election OF all town officers and IN
Il discussion Of all matters pertainin
It. to the public business, property an
to expenses OF the town. Blacks Const
ID, tutional Law, 5 ed. 5Oi, sos.
ed In pursuance Of this general prir
he cple, municipal CORPORATIONS are es
er tabllshed In all the states and lnvesie
IT. with rights and powers Of goyernr,ep
" subordinate to the general aathorlt
he OF the stare, but exclusive within tbel
of sphere,
The principle Of local governmer
20 being thus firmly implanted in on
les political system, 1t rests with the lee
'ry islatiye authority Of each state whlc,
81 IN this state includes the legal voter
'u' by means OF the initiative, to appl
CT ana adjust this principle to the yarc