Daily capital journal. (Salem, Oregon) 1903-1919, 1913-12-13

election failed to contain 10 per cent Of
the signatures Of the people casting the
vote for justice Of the supreme court at
the last state election. The court held
that there should have been 25S sigma
lures on the petition, when there
but 1853.
The other pointpassed upon by Judge
Galloway was in reference 70 the date
upon which the local option was held.
He held that the issue should have been
decided at regular city election held
on the first Tuesday after tho first
Monday in November These were two
fatal errors made in calling the elec.
tion, declared the court, and the com
plant for an order for permanent in
junction was granted.
Infringes on Constitution.
In passing upon the case Of the sa-
lem Brewery Association against the
city of Salem, Judge Galloway held that
no municipality has the legal authority
under the constitution Of the state to
amend its charter or SO arrange it for
the purpose Of regulating the liquor
traffic in direct discordance with tho
original laws Of Oregon. He declared
that the city Of Salem, in passing the
ordinance delegating authority for the
calling Of the December / election for
the purpose Of regulating the liquor
traffic in the city, transgressed upon
the power Of the constitution for the
reason two Of the amendments voted
upon at the election were subject to the
provisions laid down in the local option
and criminal laws Of the state and
should have been voted upon in a man
ner specified by tho local option law.
Council at Fault.
That the city council is at fault by so
calling tho election on tho amendments
on date clearly prohibited by the
criminal laws of the state was the opin-
ion Of tho court. He held that, in the
Same manner as regular local option
elections are held, the charter amend
ment election should have been held at
regular city election on the first
Tuesday after the first Monday in No
vember.
Further, held the court, the city eouu.
Gil Of Salem had no legal authority to
attempt to legalize the Gill registration
law after IL had been rendered void by
decision Of the supreme court, There
were 1853 votes cast at the December
election which Judge Galloway held
were illegal and should never have been
cast on the grounds the person casting
the ballots were not duly registered
voters, either in the city, county or state.
In other words, contended Judge Gallo
way, one-third Of tho votes east were
those Of persons qualifying themselves
merely by possessing Il certificate Of reg
istration issued by the county clork un-
der the unconstitutional Gill act.
Judge Galloway held that the city
council, in passing tho ordinance au-
thorizing persons holding the certifi-
dates to cast their votes at the Do
cembor election, took action without
the proper authority and that no per-
son has legal right TO vote in this
| state without first being registered or
! voting undor "Blank A."
A permanent injunction restraining
thGcity from enforcing the two amend
ments TO the charter was ordered by
the court.
stayton Election Blocked.
"Bofore passing upon tho local OPP
2 tion case Of Smith and schott W. the
: county court in which the plaintiffa arc
!. seeking to restrain the declaring Of
g the election held in stayton November
4, the court would say that this election
u is very unfortunate and bunglesomo
d affair, even more 50 than those just
}. passed upon, said Judge Galloway.
The court cOnteudcd that inasmuch
s as even the judges Of tho election held
9 in stayton did not know tho precinct
j boundaries Of the town. that there waH
}. no definite way Of ascertaining who