Daily capital journal. (Salem, Oregon) 1903-1919, 1914-08-06
TITLE OF MEASURE
GETS INTO COURT
Miss Hobbs Not Satisfied With Attor-
ney Generals Ballot Title, Proposes
One and Asks It's Adoption.

OAN Rh0 <AoAo 40 <1aoRNAOAs
The hearing of the petition of Miss
Fern Hobbs appealing from the ballot
title prepared by Attorney General
Crawford relative to the initiative
measure affecting the state engineer
and the desert land board, took up a
good part of the day in department. No.
of the circuit court today before
Judge Galloway. In addition to airing
the controversy between Governor West
and State Engineer John II. Lewis,
few lively retorts were banded back
and forth between the governor and
the attorney general
Attorney Guy o. Smith, of the firm
of Smith, McNary & Shields, appeared
for the petitioner, and Attorney Gener.
al Crawford and Attorney Pogue of the
firm of Slater 4 Pogue, appeared for
the opposite side. Mr.. Smith opened
the case with the argument that the
ballot title as prepared by the attorney
general was misleading, that it was un.
fair in that it would create prejudice
against the measure, and that it was
not clear in all of its statements. Mr..
Smith upheld the ballot title prepared
by Miss Hobbs, stating that the word
" abolish" should appear in the title.
de objected to the latter part of the
title prepared by Mr.. Crawford, saying
that the voters would not know what
sections of Lord S Oregon Laws they
were amending or repeating.
The proposed initiative measure
does not abolish single office,' said
Mr.. Crawford, in opening his argument.
:" How about the office of water com
missionerl' asked Governor West.
Two suppositions.
I'm admit that it does away with
two offices and puts one in their place,
but it provides for the creation of dis.
triets which will each need a superin.
tendent, replied Mr.. Crawford.
Mr.. Crawford argued for the use of
the word merging instead of "abol.
ishing'' on the grounds that the desert
land board was composed by the COVER
nor, secretary of state, state treasurer,
attorney general and state engineer,
not single one of these officers was
abolished, he said. 1t would, however,
abolish the office of the "present'j
state engineer and put in his place o.
Lauergaard, who is at present in charge
OF the Tumalo project.
Suppose We should remove Lauer-
gard and put Lewis in his place,
General'" queried the governor.
Suppose the world should come to
an end tomorrow We would be lust as
much interested" was the retort of
Mr.. Crawford.
The situation seems to be that Cover.
nor West is opposed to John H. Lewis.
and as the office of state engineer is
IN elective office Lewis is not respon-
'lble to the land board. 1t is admitted .
that Lewis is competent man, but so
IS Lauergaard, and for the best inter
1sts of harmony on the land board il
vas desired that Lewis be removed and
man appointed by the board to serve
n his place. The cost of the proposed
hange would appear to be about the
ame as the appropriation abolished by
he proposed measure would have to be
supplied by future legislatures.
A comparison of the two ballot titles
IS prepared by the respective sides
hows that each sets forth the matter in
IN argumentative light. The following
5 the title prepared by Mr.. Crawford:
The Two Ballot Titles.
Measure instituted by W. P. George.
'alem, Oregon.
Recognizing certain state offices.
Its purpose is to make the Tumalo
reject engineer the state engineer un-
Il 1916, increasing the salary of office
or said period $1,000 yearly; thereafter
tate land board to appoint at annual
alary, S24O0; merging state and desert
and boards; creating office of water
Commissioner, to assume duties of state
Fater board and superintendent of wa
er divisions, abolishing said office,
laking all new offices appointive in.
tead of elective; repeating certain sec.
ions and amending others of Lord 8
'regon Laws
The title proposed by Miss Hobbs is
5 follows:
Abolishing the desert land board.
AbOlishing the desert land board
nd vesting ITS powers and duties in
tate land board, abolishing office of
tate engineer, as at present eonstitut-
d, and making Tumalo project engi.
eer state engineer until 1916 without
ddtional salary; providing for ap-
ointment thereafter Of state engineer
Y state land board; abolishing state
iater board and substituting for it and
he two existing superintendent of wa.
er divisions state water commission.
r, to be appointed by state land board:
epealing existing appropriations for
tate engineer 5 office and state water
card, leaving needs of state engineer
nd state water commissioner for con.
u Harn tinn of f,,A,,r, ln...-l.. 49,