Daily capital journal. (Salem, Oregon) 1903-1919, 1914-02-03

but local option election in a city
cannot be held in an alternate year at
the time Of the city election which is
not held on the first Tuesday after the
first Monday in November. Section
1922, L. o. L., provides "The election
hereunder shall be held only on the
first Tuesday after the first Monday
in November of any year. The petition
therefor shall be filed with the county
clerk not less than thirty nor more than
ninety days before the election In
every county, subdivision of county, or
precinct thereof that shall return a
majority vote for prohibition, at any
election, the law shall take effect on
the first day of January following the
day Of election. The elections provided
for by this act shall be held at the
regular voting place or places within
the proposed limits and by the judges
and clerks of election appointed and
qualified under the general election
laws of the state, or if held at the time
of city election, then within said city
or town by the judges and clerks ap-
pointed and qualified under the charter
of such incorporated city or town or
under the laws of the state regulating
such city or town election, and the re-
turns thereof shall be made in conform
ity with the provisions Of the said gen.
eral election laws. (If, under the pro-
visions Of this act, an election shall be
demanded wholly or in part in any in
cOrporated city or town or any ward or
precinct therein, to be held at the time
of the city or town election occurring in
a year in which there is no general
election, then the county clerk shall
notify the proper authority Of such city
or town that such election has been de
manded in order that such city or town
authority may cause the official bal
lots to be prepared in accordance with
the provisions of this act, and the city
auditor, or clerk, or recorder, as the
case may be, shall make return to the
county clerk of the vote for and against
prohibition in the several precincts Of
said city or town, and thereafter said
matter shall proceed as in the case of
a general election,)"
The part of the quotation contained
in brackets applies TO the election in
cities only in the alternate years and
when the city election is held on the
first Tuesday after the first Monday
in November, in which case the city
machinery may be used to take the vote
and certify 1t to the county clerk, but
it does not apply in the year Of gen.
eral state election The first part Of
/ the section above quoted applies to
every county, subdivision OF county
or percinct thereof as a county election
except If within city whose election
occurs on the same day, then within
the city it may be held by the city
judges and clerks of election, appointed
and qualified under the city charter OF
the laws of the state regulating such
city election, But in this case the elec.
tion was not held on the day of city
election nor called as such; being a
county election in a subdivision of the
county, namely, the municipality Of
lIillsboro, Section 1929, L, o. L., was
enacted prior to the home rule amend
ment Of the constitution, and operates
the same as it did prior to the amend
ment except that now the municipality
or any precinct therein is an independ.
ent subdivision Of the county. The
local option election is county elec.
tion in the county as whole, or n sub
division thereof, Of which the city is
one, and need have no reference to the
date of a. city election except as above
mentioned. The home rule amendment
expressly retains the county court as
the agency authorized to put into or
out Of operation orders Of prohibition
See State vs. Hearn, so Or. 227 115 Pac.
1865, In the Perkins case, supra, the
election within the city was called by
the county court for November 7, 1911,
which was, in fact, the day of the regu.
lar city election, and the election was
conducted by It's machinery as provided
in the part Of section 1922 quoted in
the brackets. Bellarts vs. Cleeton, (or,)
1872 Pac. 90l.
Finding no error in the record, the
decree is affirmed
lUN
A man never realizes how cheap talk
is until some woman offers him pen.