The Athena press. [volume] (Athena, Umatilla County, Or.) 18??-1942, 1913-08-01
NO INITIATIVE At
SPECIAL ELECTION
BALLOT WILL NOT CARRY THE.
PROPOSED MEASURES.
Suit to Force Vote on Eight
Hour Law Next November
Fails In Court.

OF the opinions rendered by the Su-
preme Court this week two are of par
ticular public Importance. In one
the court held that initiative mea-
sures should not be placed on the spe-
cial referendum election called for
next November, and in the other it
held that the county depository law
applied to this year. and that it was
incumbent upon county treasurers TO
name repositories.
Tue opinion relative to initiate
measures was given in the suit for
mandamus brought by Marie D. EGui
and Mrs. J. R. Oatman against Ben
w. Olcott as secretary of state. The
demurrer of the defense to the COM
plant was sustained. The suit was
to compel the secretary of the state to
put on the special election ballot the
measure for a woman's eight hour
law.
"The fallaoy of the plaintiffs po-
sition lies in the assumption that the
fraction of eight per cent of the voters
said to have signed the initiative Pc
tition has the right to order the sub.
mission of their measure to the people
at large at SPECIAL election called
under statute which makes no men
tIon of initiative measures, says
Justice Burnett. who wrote the opin
ion. 1T would be but step further
for the eight per cent minority to as
selt that it could call an election at
such time as it might choose. irre-
spectlve of the statutory and oonsti-
tutional provision on that subject.
Indeed. the people have reserved to
themselves the power to make laws in
dependent of the legislative assembly,
but they have annexed to this reser
vation of power suoh directions to
their secretary of state and other offio.
ers as will prevent in some measure
the too frequent use of the initiative
process. In short, as plainly declared
by the people in the constitution. the
secretary of state shall be guided by
the general laws in matters of this
kind. He cannot rightfully enlarge
the provisions of the special act of
February 2S, 1918, to include matters
not herein specified, and this court
has no power to direct him SO to do,
or to violate the express mandate Of
the people embodied in the constitu-
tion, requiring him to operate under
the general laws. /"
The opinion in the county deposit
ory law case, which is suit brought
by the state. ex rel First National
Bank of klamath Falls. against J.
W. Siemens, county treasurer of
Klamath. was written Ey Justice
McNary with Chief Justice Mcbride
and Justice Burnett dissenting. The
case is an original application for
writ of mandamus to compel the
county treasurer to appoint county de-
positories, which he refused to appoint
on the ground that the law did not
become effective until Tuesday, June
8, while the law says the repositories
ehould be appointed on the first Mon
day in June. which fell this year on
June 2, and also on the ground that
the appointment of Repositories was
discretionary with the county treasul-
or. The case is Of general import
ance. as it concerns every county in
the state. In Marion county similar
conditions to those in klamath exist,
as the county treasurer has failed to
appoint repositories.
Justice MoNary holds that the law
must be interpreted according TO the
intent Of the legislature. which was
10 have the act become effective in
the year OF its passage. He points out
that the act is remedial in character.
"The law was conceived In the belief
that il was promoting the public veal;
that remedy is needed for existing
abuse. and that a convenient time
should be stated. when official duty
should be performed" says Judge Mo
Nary. ''To say the act must be con-
strued as being in a state Of repose un-
til the first Monday in June next. is
plEcing an Interpretation thereon of
strict and literal severity.
"The essence--the very quintassence
-of the statute is to establish county
repositories and to divert into the
public exchequer money in the way
of interest that have heretofore flowed
into private reservoirs and to hold
otherwise would be placing pre-
muim on form and minimizing, if
not destroying. the effect and value Of