Daily capital journal. (Salem, Oregon) 1903-1919, 1914-02-03
tiers Decided Against Vets.

The Oregon supreme court this morn
ing decided. seven local option cases in
favor of the drys and settled the fact
that elections cannot be set aside be.
cause some technical objection has been
raised. 1t decided that faults arising
out of the Gill 1913 registration act,
confusion as to the time when such
elections should be held and other al
legged reasons should not avail in hav-
ing "the will of the people" set aside,
The opinion Of the court was written
in the case appealed from Hillsboro,
and in deciding the Salem, Stayton an7
other cases, the court merely referred
to the Hillsboro opinion. Judge Burnett
wrote a dissenting opinion and stood
alone, the other six judges favoring the
dry side Of the issue.
In his opinion Justice Eallin declared
that the 1918 registration law was OPP
Grated as a trap that "would defeat a
local option election, and as fraud
on the voters Of Oregon"
Petition Valid.
The supreme court held that the pc
tition for the local option at Hillsboro
was valid because it had been circulat-
ed under the then existing laws, The
election was held Novembr 4, and the
decision Of the supreme court holding
the Gill registration act invalid was
not filed until November 25 The court
held that the election and vote there.
under should not be held void and a
community disfranchised by reason of
a defective law that would affect the
right of the petitioners to sign a petit
tion. Further the court holds that an
election could not be disturbed by a
preliminary proceeding that does not go
into the qualification Of signers
General Election.
The attack on the election because it
was not held on the day of general
election also failed The court held
that the home rule amendment oper.
ates as before, except that now mu
nicipality, or any precinct therein, is q
subdivision Of the county
The election is held sufficient in ev'
cry respect and the same ruling ap
plies to the two Salem cases, the Stay
ton case, Springfield and all Other
towns in which there have been liquoi
contests
The Salem cases are all based on tht
following, which states the facts ant
conclusions in all
W, V. Wiley, plaintiff and appellant
VS.. D. B. ReasOner, county judge, ct al
This is a suit to obtain decree de
caring the local option election held il
the city Of Hillsboro on November 4
1918, illegal and void, and to vaeat
the order of the county court, mad
November II. 1919, declaring prohibi
tion in said city. The plaintiff was
liquor dealers therein. The said city o
Hillsboro together with contiguou
territory without the city, for count
purposes is composed Of two precincts
for city purposes, it constitutes but on
voting ward. On October !, 1913, pet
tions containing a large number Of sig
natures were filed with the county cler
and presented to the county court, pray
ing for a local option election in th
city Of Hillsboro on November 4, 1911
On the -- day of October, 1913, base
on said petitions, the county court o
dered that an election be held in sal
the three years residence requirecen
city on said date to determine wheth,
the sale Of intoxicating liquors shoul
be prohibited therein, and directed thi
the notice Of election be given. Sai
election was held on said date, and r
suited in % majority votes for prob
bitiou. On the 18th day Of Novembc
1918 the county court pursuant
the canvass Of the votes Of said ele
tion within said city, entered an ord
declaring the vote to be in favor
prohibition and prohibiting the sale