Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, 1914-02-06
DRY ELECTIONS
HELD VALID.
NOVEMBER ELECTION CASES
DECIDED BY SUPREME COURT
The Decision Covers all Points Raised
Justice Burnett Does Not Agree
with his Associates.

The following report was sent from
Salem Tuesday to the Oregonain:
A blow was dealt to the liquor in
terests of the state today when the
Supreme Court held that the local op-
ton elections last November in Sa-
lem, Oregon City, Stayton, Spring
field, Gresham and Hillsboro, all of
which voted dry, were valid. The
court even went further and held in
the Salem charter amendment case
that City Council, by refusing to is
sue saloon licenses, can make a city
dry, or the residents of a city can
make it so by passing an ordinance or
amending the charter to provide
against the sale of intoxicating bev-
erages.
That the opinion in the charter
amendment case practically gives the
Prohibitionists far more opportunity
to suppress the sale of liquor through
licensed saloons is the opinion ad-
vanced by lawyers.
Dry Portland Possible.
They say a majority of the City
Council of Portland could make that
city dry by refusing to issue licenses
to the saloonmen, and that the coun-
ellis of all other cities and towns in
the state could do likewise.
''By the home rule amendment to
the constitution" says the opinion,
ga municipality has the exclusive
license, controf.and prohibit
the sale of intoxicating liquors, ex-
cept it shall be subject to the pro-
visions of the local option law. When
the Council refuses to prohibit, the
people may so provide by ordinance
or in their charter, not as a local op-
ton proceeding, but as an initiative
The local option law i'm
pose no RESTRAINT thereon, and is in
no sense exclusive.
Initiative Can Be Used.
The local option law was enacted
before we had in the cities the power
Of legislation by initiative. With that
power prohibition can be as readily
adopted as by local option, and that
method is not in any way inconsistent
with, or in violation of, the proceed
ngs by local option"
All, members of the court concurred
N the sweeping charter amendment
opinion, while Justice Burnett dis
'ented in five of the cases involving
he validity OF local option elections,
his reason being that persons regis
cred under the permanent registra-
ion law declared unconstitutional by
he Supreme Court were not legally
qualified to sign petitions calling for
ocal option elections.
Brewery Forces Ruling.
The decision. relating to the charter
amendment in Salem was in the suit
brought by the Salem Brewery Asso-
'iation to enjoin the city authorities
rom submitting the amendment to a
'ote of the people. 1t was contended
hat the amendment was in violation
# the local option law.
The majority opinion in the cleo
ion cases sustains the following
POINTS raised by the lawyers for the
'rohibitionists:
The result of the elections should
lot be disturbed because of the fact
hat signers of petitions had regis
cred under the permanent registra-
ion law, which was later declared
unconstitutional by the Supreme
'ourt.
Voters at the local option election
hould not be disqualified because of
heir havingn registered under the per-
nanent registration law and ther fail
ire TO have their votes sworn in by
he election officers.
Orders of County Courts calling the
lections were valid, because they act
d with the understanding that the
egistration of 1899 had been repeal
d and the elections could not be held
old so long as those voting were le-
ally qualified under the constitution.
Regular Election Not Necessary.
II is not necessary that local option
lections be held at a general state
lection or a regular city election the
rst Tuesday after the first Monday
4 November, as was contended by
be lawyers for the liquor interests.
Justice Burnett, in his dissenting
pinion. holds in effect as follows:
The Supreme Court having held that
he permanent registration law was
old. no lawful procedure can be
nunded upon its provisions and that I