Daily capital journal. (Salem, Oregon) 1903-1919, 1914-01-27
Irregularities in Clatsop Coun-
ty Election Not Sufficient
to Throw 1t Out.
LENGTHENING OF
HOURS UNIMPoRTANT
Question as to Registration
Also Held to Be Unimport-
ant by Court.

Besides denying two petitions for
rehearings, the supreme court this morn
ing handed down eight opinions among
them that of 7. L. Parker against the
county of Clatsop, and its officials in
which the opinion was written, by JUS
tice McNary.
By the opinion rendered today, Clat-
sop county is now authorized to ex-
pend 100000 upon the permanent i'm
provment Of three of its main highways
An appropriate proceeding was brought
to annul special election held in the
county on the 4th day of November,
last, upon the ground Of certain irreg-
ularities in the election sufficient to
prevent the court from expending the
money to be derived from the sale of
the bonds.
The legislative session of 1913 passed
law providing that upon the petition
Of one-twentieth Of the registered vot-
ers, the county court must call an elec-
tion and that the people could vote
bonds for the road Improvements, provid-
eding the outstanding bonds and the
bonds to be voted for road Improvements
would not exceed two per cent of the
assessed valuation of the county,. The
election was called and held on Novem-
Der 4, 1913, at which time the people
Of Clatsop county voted in favor of
the issuance and sale Of the bonds.
Error was claimed that the assessed
valuation Of the county was to be taken
from the assessors roll and that two
per cent of the valuation as shown by
the roll would be a sum less than $780,
900, and also that the election was void
on account of being held under the Gill
act held unconstitutiona the latter part
of November in the case of Coffey VS..
Portland.
Assessed Valuation Important.
Justice McNary said on the first prop
osition as follows:
"The assessed valuation Of county
is the valuation shown by the assessor,
plus the valuation Of those public util.
ities ascertained by the Tax commission
and that when the legislature used the
expression the assessed valuation Of q
county, II meant the consummated acts
of all the agencies employed in determ
ing the amount and value Of property
available for taxation" "
Finally, the decree Of the lower court
Is sought to be overturned for the
reason the polls were kept open from
eight O'Clock in the forenoon, unit
eight O'Clock in the afternoon as pre-
lscribed in the general laws for 1913
lpage 623, also, that the registration
books were closed pursuant TO section
is Of act, fifteen days before the dat
Of election. This law, otherwise know
as the Gill act, was by this court hell
unconstitutional in the case Of Coffe.
VS.. Portland, decided November 25
l1913.
Three weeks had intervened betweel
the result Of the election and the dc
termination by this court that the Law
governing the election was void. N
question is here raised as to the wan
Of jurisdiction in the county court b
= call the election, nor TO the lack 0
qualifications Of those participatin
= there in, save the indictment that thos
\ voting registered under the law subsc
= quently declared void. The official
Q conducting the election as well as tn
$ voters relied upon the statute, cor