The evening herald. (Klamath Falls, Or.) 1906-1942, 1913-03-07

Il. York 10 hero from orovillc on
business trip,
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80 that IL was bound to take judicial
notice Of the fact that there was no
lutsicc Of the peace precinct created
by the county court comprising the
territory OF klamath Falls. alone.
but that tho territory OF the city Was
part and parcel OF tho precinct OF
Linkyillc. and II the Justice of the
peace OF that precinct Was called 10
assist In the canvass OF the votes cast
at an election under the charter. the
mere fact that the section misnamcd
the precinct would not operate TO la.
validate tho canvass OF votes.
The Northwestern. In Its iasue OF
the 9Th. says that a defective ballot
title renders the proposed nov char.
ter INVALID.
Under the Law. upon tho niinx OF
an Initiative measure, Il becomes the
duty OF the police Judge to submi, .
copy OF the measure To the city at.
,orncy. who shalt prepare q ballot
title.
That direction OF the Las was fol-
lowed In connection with the pro-
posed charter. and Judge Drake pro-
pared the ballot title.
The fact that Judge Drake prspar.
ed the ballot title 10 sufliecnt guar
antee. ! apprehcnd. to assure tho cit.
liens OF its legality. Tho North west
ern. complaining Of tho ballot title.
says: "Nothinx is said In tho title
about the intras To r~,cai all odd
charters and ordinances In eossirs
with the proposcsi scw charter"
Had the title contained any such
statement II certainly would have
shown woefui lack OF legal knowi.
edge. For nowhere In tho INITIA.
TIVE LAW granting to citizens aud
towns control over their municipal
legislation can be found an authority
Tor the direct repeal OF u prior nc, of
incorporation or the repeal Of a prior
charter. That Is a matter wisely loft
TO Implication by the trainers Of the
law. Tor In no other manner could
rights acquired under u prior charter
be secure.
The Northwestern makes n state
ment In the same connection when II
says the alleged defect In the ballot
ute OF tho proposed new charter II
he same defect that called into ques.
Ion the charter OF 1910. Tho truth
'f tho matter In that there In no sim
larity at all In the matter. The
'harter OF 1910. unfortunately car
led no ballot title whatever. That
sns tho objection raised by tho Bos. |
on attorneys. There 10 a vast d,f.
srence between u defect In a ballot
itie and no title whatever.
To what insignincance every one Of
he objections raised by Messrs. Hur. |
ny and Leonard and the Northwest.
rn' dwindle In the light OF fairness
nj honest construction.
The only substitute offered by the
pponents OF the proposed new char.
er-the only relief suggested by ths
pponents Of the proposed new char.
er IL In the first instance the SOCIAL.
a commission charter. branded BY
udge Benson as an illegal measure
nd In the second case an appeal OF
40 mandamus case. In which judge
ehSon held the s0-called commission
harter absolutely Illegal, to the an.
RENE court. They have even had the
ardihood 10 stand up In public and
ate that decision could be had on
ppea' within two weeks. by no Dos
piiity could the case bo gotten into
10 supreme court within two wseks
VI th"t statement is In perfect hsr-
ony with all others made bv m.
lme parties In connection with tho
roposed new charter.
suppose II were possible TO set a
'cls'on from the supreme court with
s'x months. II Is safe to conclude
'at Judge Benson's decision wou,d
amrmed' Another year or eight.
- months Of stagnation would bs
It portion. ~ W