Daily capital journal. (Salem, Oregon) 1903-1919, 1913-06-10

by him Saturday, and says IL
cannot follow his reasoning. OF
course it is presumptious on the part
of any one not on the editorial staff
of the Oregonian to have an opinion at
variance with that of those who com
pose that august body. At the same
time, and at the risk Of being properly
squelched for so doing, we humbly beg
to be permitted to point out or suggest
TO the Oregonian editors that their ar
gument is based on false premises, and
heno their conclusions are false. They
did not take the time or trouble to
examine the law, as common, small
country editors are compelled to do,
else the editorial alluded to had not
been written.
The constitution of the state of Ore
gon, Section 2l, Art I, says: "No ex
post facto law, or law impairing the
obligations Of contracts, shall ever be
passed, nor shall any law be passed
the taking of effect of which shall be
made to depend upon any authority
except as provided in this constitu.
tion. "
Then again, in Section /, Article 4,
which concerns the legislative depart.
ment, it says: "All elections on meas.
ures referred to the people of the state
shall be had at the biennial regular
elections, except when the Legislative
Assembly shall order special cleo
tion."
So much for the constitutional provi.
sions applicable to the matter.
Does the special election called by
the Legislature or attempted to be SO
called, comply with these requirements
Of the constitution Let us see.
Chapter 321 Of the Session Laws Of
1913 contains the law calling, or at,
tempting to call this special election.
Section l Of that law reads;
Sec. 1--"There shall be held a spe.
cial election nthe several voting pre-.
cincts of this state on the first Tuesday
after the first Monday in November,
1913"
That is all there is to it as far as
calling the special election is concerned,
No purpose is stated for which it is
called, yet the constitution says special
elections can be called only for spe,
Gifted purpose. The law says special
election shall be held on the first Tues
day in November. There is no state
mont what for. It provides for an
election whether there is anything to
be voted on or not, 1t just says there
shall be an election held on the first
Tuesday after the first Monday in No
vember That is ALL
The law then provides that: "Al
measures passed by the eth Legislativ,
Assembly Of the state Of Oregon, upor
which the referendum may be invoked
shall be submitted to the people fol
their approval or rejection at such spe
cial election,
The only construction that can b,
placed upon the law, II indeed it re
quires any is that the Legislature hai
called special election in November
next, whether there il anything to bt
voted upon or not, and in ease any OF
the acts Of the 27th legislative assem-
bly, have tho referendum invoked, they
shall be submitted to the people at thi,
election. The legislature undoubtedly
intended to call this election for tn,
purpose Of permitting any bills on whicl
the rcfendum was invoked to be votet
upon then, but It did not do II, In fact
it could not do il, for the simple rea
son the constitution clearly forbids L
in Soc, 81, Article I, where It says
"Nor shall any law be passed, the tax
ing effect OF which shall be made /,