Capital journal. (Salem, Or.) 1919-1980, 1921-12-13

county circuit court in the ca
the World War Veterans state
Boyd, as commander Of Portland,
Post, American Legion, filed in
junction proceedings in the lower
court to prevent the administra-
tion OF the bonus act. The proceed
ing was a friendly action to test
the validity of the constitutional
amendment.
Among other points raised by
Boyd, and regarded as the prin-
cipal contention in the attack
against the bonus act, was one to
the effect that failure to enter the
amended house Joint resolution
No. ~ in full on the journal Of
the senate invalidated the amend
ment.
Reference Sufficient.
In overruling this contention
Justice Harris points out that an
Identifying reference to the reso-
luton in the senate journal was
sufficient to satisfy the require
ments of the constitution.
Again the opinion points out,
1t was impossible for the senate
to have acted ON anything other
than the resolution as engrossed
by the house committee and as
finally passed by the house so that
the resolution as passed by the
senate was the amended house
resolution In spite Of the fact that
the entry in the senate journal is
the original resolution without the
amendments.
House bill No. 2Q3, creating the
machinery for the administration
Of the bonus act, and house joint
resolution No. IL, the constitu
tional amendment, were compan-
ion measures, Justice Harris points
out, and although. the house bill
might have been void measure it
became valid when the people by
their vote enacted the resolution
amending the constitution.
Referendum Regular.
The contention that the refer
endum clause attached to the
house bill by the senate, affected
the validity of the measure is held
by Justice Harris to be without
weight. The records clearly show,
the opinion points out, that 1t was
the intention Of the senate to kill
the referring clause and its pres
ence In the measure is merely a
clerical error. Even thought 1t
might have been placed there by
design, he further points out. It
would have no effect on the valid
ity Of the bill inasmuch as 1t does
not specifically direct that the
measure was to be referred to a
vote OF the people.
Salem of the $4,000, 900 issue
of bonus bonds already twice post
poned because of the question as to
the validity of the bonus act, was
set for January 16, next, accord
ing to Captain Harry Brumbaugh.
secretary of the world war vet
eran's state aid commission. After
the sale of the bonds II win re-
quire probably five weeks for
printing and delivery and receipt
of the money SO that it will be
about March before any money
Is available for the payment of
cash bonus or for application on
loans to ex-service men.
other opinions were handed
down as follows:
Eastern Oregon Music company,
appellant, VS.. G. NJ. Richey; appeal
from Union county; suit alleglns
breach of contract. Opinion by
Chief Justice Burnett; Judge Gil
bert w. Phelps reversed.
r. N. stanfield, appellant, vs.
Rector Arnwine; appeal from Nal
heur county; suit Tor alleged
breach of contract. Opinion by
Chief Justice Burnett; Judge Dal-
ton Biggs reversed and case re-
manded.
Boise -Payette Lumber company
VS.. Dominican Sisters OF Ontario
N .wuofInn nte. opd nnrra A M arfaa :,