Capital journal. (Salem, Or.) 1919-1980, 1919-12-02
ROBERTS SEEKS
!. TO COMPEL Vote
UPON GOVERNOR

A Detition In mandamus to compel
Ben w. Olcott as secretary of state
| TO include the office of governor IN
the list of offices now being certified
! to the various county clerks for the
primary election next May, Will be
filed with the supreme court here to-
day by G. NJ. Roberts of Medford, dis
trict attorney Of Jackson county
Roberts who Is acting In this matter
AS a peace officer In order to secure
decision from the court on TINS
question Is following out the instruc'
tions Of Attorney General Brown who
in one Of his briefs in the Olcott- HoI
manaamus suit early last spring sefV
cd notice on the court that an opinion
on the question would be pushed =
n definite conclusion sooner or later
'If this court does not pass upo'
the question now, 1t must do SO ia'
or" Attorney General Brown declar
r cd In his brief at that time ana III
L action to be taken by Roberts toda
r,,.r,,.-- @sS" ~" promise cor
tanned i'll TINS SthtohAp" n,
"At least forty five days before II
,e nex prna1y Aom mating electloh
,,s Incomes the duty Of the secretary
,v state to furnish each county Gle
Ar statement showing the several sta
n1 and county offices for whicn can'
nm dates are to be chosen Brow
nv st,tament continues. "ln the eve
thot n has not been determined
o,s onir,on of this court that Govern
mt Olcott is to fill out the uneNpii
an term of Governor Withycompe
Ihe state will institute manoamuS y
cooa;nrs & for the purpose Oh
ac- ,IInr the question by decision OF
will court" ,.., l., an u,
our Attorney Gehela' A'i .ho or
an ion recently prepared for tne =,
nnce Of the secretary of state OIL
to t IN nreparlng the certification 1or
orr 'aa,ntv clerks declared that the Oh
tho ~ Governor should not be inciuu
ton in the list inasmueii as - a gov
so occasion for tho election OIL " e0'
ern- or at this time.
The opinion reaos' g. ass;o,
,,ent 1trha attorney generals oiilc'
ing oa,,,sinp Governor Olcott' as WEI
.tter nenuty Secretary of State sam 4,
,ndi- nor was guided by the holding y, y,
sunreme court of this state !" ~ =,
tors, F''.ct VS. Earhart, supra ana :, y
,snrs MioA ,,,o advised that Governor y
ional ia governor in fact ana Una .an,, ~.
the tit,ed to serve the 1uil ta .e, ~
, per ,yhich Governor W1'hSco'''''
lonal elected. ..a4,o, of the
! ns Of section or articie V
stands, it not having .'t,ad peen to fl
Governor Olcott Is enti'ies' coy
t .ho unexpired term OF u'o
tno ',,uoonnbe. but the opinion y
v -. ~ w chadwick VS. Earhart'
nED cour' an ~ Questioned by two G
ULN jusutices. oo,,or,or Olcott is
.he unexpired term OF IN
"arornor ou, Withycombe' or "te'l
Iudlng Cove 1--we until successor is
IS pail iS 20 .ooo ia n matter in Which VI,
mt at m is ;s extraordinarily lnteres'eu -,
e, ana -. public question ana 1t .he 40 st
led at the law officers OF 'he %, ..
% rest Oh '''e w. matter into the cou.
after ,ahe haDe it it determined. The o,, ,,
ed at l,avernor nave is the most impor.Ir' 9n,,,a
yh un- state offices, and there :, snos ,ogal
police Suaetion concerning MS
s. tax mon u the office ,o.orv of $
asst re- op, ',r,,o deputy secretary
}, were ..if,inp as provided by s'a.u =.
walter eet',s Ger nf the the officers to be noml Nh
rry N ,he lse % primary election mex, aaunt, M,
1ey all the ,ine such list to the cou"''
of Tn tne will add that such oerti cert.
RIPE. =, |, a accordance with an o. o,
Is ,s.,,n ~ rendered the office o. nrn, u,
rhorpe, have state. and the pro-
nlayers tary s o. : am advising you to '',,.
ne e posi- tna' Ma not { contrary to the e. otr W.,
olumDi" Governor olcOtt. ..[dpressed up@n sGS m hir
he mas mas willing but anxious
growers the matter OF a.+ad ms LIB by the
acre for Governor adJuui.n