Daily capital journal. (Salem, Oregon) 1903-1919, 1917-12-12
PREC|NTS
ARE BADLY MUDDLED
District Attorney GehIher ADJ
Vises Delay In Putting
Popular Law In Effect

Declaring it impossible to comply
with the PROVISIONS of the constitution
al joint elections amendment sanctione
by the popular vote at the last election,
district Attorney MSN Gehlhar in an
address today before the annual conven-
ton of county judges and commission
ers in Portland, recommended that at
temps to re-establish precinct boundar-
les and create joint election boards be
refrained from until more adequate ma
chinery for putting the amendment into
Effect can be secured
This would mean that the next regular
city and state elections would be held
as in the past with the exception that
both would take place on the same
day, as the section of the amendment
covering the date of holding elections
is held to be self-executing.
"If every county in the state will
refrain from making new precincts,
said Mr.. Gehlhar, except where requir-
ed on account Of the present size, until
the Legislature meets again, no harm
cen be accomplished. The cities then
might hold their elections as before with
the exception of the time which must
be on the same day. They will simply
hold the elections in the usual manner
because it will be impossible to even at
tempt to comply with the constitutional
amendment.
"It appears certain to me that if the
county courts do make the precinct
changes, causing the purchase OF lar
ger number of additional ballot boxes
and booths, and the disruption of the
present permanent registration system
and causing large expense in re-registra-
tion and in correcting the registration
files by the county clerks, that the re-
suit would be so unsatisfactory to the
public that an immediate repeal of the
amendment would follow. In that way,
the public would have been caused un-
necessary amount of annoyance at con-
siderable expense, without any good be-
ing accomplished. But by adopting the
other course, on the assumption that the
provision in regard to election boards
and precinct boundaries are not self
executing, legislation can be provided at
the next session to get all the good and
avoid all the harm that might be con-
tained if taken literally
District Attorney Gehlhar is of the
opinion THAT the immediate application
of the Amendment to the smaller towns
would work great hardship and incon-
venience Tile would have the provisions
of the new law applied to the larger
cities of the state first and then grad
ually extended to the smaller cities, as
| it was found to work out satisfactorily.
The legislature could not of course,
repeal the constitutional amendment,
said Attorney Gehlhar, but on the as
sumption that the provisions of it gov
erning the establishment of precinct
boundaries and joint election boards
were not self-exeeuting, it could, by
failing to provide the necessary machin-
cry for holding joint elections in cities
and towns smaller than 1000 or 5000,
ldefer the time of its actual going into
effect as fas as such smaller cities and
/ towns We're concerned.
eff the results obtained from such
! legislation proved satisfactory, the legis-
lature might, at a future session, in
! crease the number of cities holding
ioint-elections, by making it apply to
cities of smaller population, for IN
stance, to cities of one thousand. rms
could be extended as rapidly as it was
found that the plan was successful and
met with the wishes of the people. By
adopting this general plan, all the good
could be obtained from holding joint
I elections in the larger cities from the
standpoint of convenience and econ
omv, and all the harm following the
application of it in the smaller incor-
porated towns in regard to inconven-
/ ienee and increased expenses, could be
avoided
/ The section of the amendment requir-
ing preeinet boundaries to be the same
/ has been held by Attorney General
Brown to be self-executing and county