Daily capital journal. (Salem, Oregon) 1903-1919, 1913-06-13
HAIR SPLITTING.
HE Oregonian Thursday, under
the above caption, says: "1nter.
terested persons in Salem have

the above caption, says: 'Inter-
terested persons in Salem have
supplied the Capital journal Of
that city with argument in support of
the theory that the special referen
DUN election law is constitutional and
in opposition to the Oregonians criti
cism of Judge Galloway's decision"
There is maxim of the law that
says: "He who asserts what he does
not know to be true, is as guilty Of
falsehood as he who asserts what he
knows to be not true" As the Orego.
nian merely guessed as to our source Of
information and made an assertion that
il did not know to be true, and which
is in fact absolutely false, it stands clas-
sified judicially, and in our opinion, ju-
diciOusly as being deliberate falsifier
This is mentioned editorially because it
is not news However to show the
thinness of the Oregonian Is argument,
anu bho uDIuhcHtob VI llo culbOIldl
bunch we print the editorial in full It
says:
"Interested persons in Salem have
supplied the Capital journal Of that
city with argument in support Of the
theory that the special referendum elec.
tion law is unconstitutional and in OPP
position to The 0regonan criticism
of Judge Galloway's decision"
"It is argued that because the first
paragraph Of the law sets a day for
special election without relating
cause or reason therefor, the act does
not meet the requirements of the con.
stitution that special elections shall he
called for a specific purpose. Yet the
succeeding paragraph Of the law pro.
vides that all measures passed by the
Twenty-scventh Legislature upon which
the referendum shall be invoked shall
be submitted at such special election,
"While the submission Of such meas.
ures is admitted by our ingenious
friend to be the purpose of the cleo
tion II is held not TO he the purpose
because the Legislature couldn't have
that kind Of purpose and keep within
the constitution, Tho argument turns
on provision Of the constitution
which provides that no law shall be
passed which "shall be made to de-
pend upon any authority, except as
provided in this constitution" This
leads TO the following'
The taking effect of this law, II IT
was possible for II to take effect AT
all, IL made to depend upon q contin
gency, That contingency was and is
the invoking Of the referendum on any
measures passed by the Twentyseventh
Legislative Assembly It would de
pend upon whether or not Parkinson
or some one else worked up refer
cndum ON tho U, Of o, appropriation
or on some other bills.
"a very similar attack was made
several years ago on the local optior
law Of 1905, That act provides for tn,
calling Of special elections contingent
upon somebody working up a petition
and acquiring the signatures Of 10 pc
cent OF the voters, The local option
law even goes so far as TO declar,
that prohibition within the politica
subdivision designated in the petition
shall bo contingent upon the vote O
tho people in the special election, Their,
is not only one but two contingencies
Vet tho supreme court has held tha
the local option law does not con
travenc the inhibition In the cohsti
tuition cited by our Salem critics,
"The only distinction that we cal
discover between the two laws in tn,
particular Of creating dependence,
on some other authority is that IN,
local option law provides for holdinl
an election ON the first Tuesday AZ
Ter tho first Monday In November o
any year; while the referendum elec