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STATE OF OREGON
• • • •.
A paMphl'ET.- .. •• • •
'• • • .••• •
Containing a Copy of All Measures. "Referred
to the People by the Legiulativfe A's^eiiiplj'/'.
"Referendum Ordered fay Petition of the
People," and "Proposed by Initiative Petiision,"
To be submitted to the' L^gal Voters' of the ^t&.te of Oregon
for their approval or rejection
AT THE
REGULAR GENERAL ELECTION
TO BE HELD
On the first day of June, 1908,
TOGETHER WITH THE ARGUMENTS FILED, FAVORING AN1>
OPPOSING CERTAIN OF SAID MEASURES
COMPILED AND ISSUED BY
FRANK W. BENSON, Secretary of State
^Publication authorized under Chapter 226, Laws of 1907.)
Sir hi , V I --44\;\C^
'••«- .^-—
SALEM, OREGON
WILLIS S. DtTNIWAT, STATE PKINTER
1908
Pamphlet COiNTAJ'NfiNG Measures to be
.♦.
— ,. .
• •.
• • • • . • ' 'I
• • • • ; V '
• • •
• -A N*. AlVtE N U-ME N T
TO THE
.•••. I'.'.OON'-STiT.U^l'ON.OF THE STATE OF OREGON
.'. \ '.• •/.. •• '•• •...,/ .' '•.
'1^0 lie submitted to thsj-lkgal electors of the state of
.Oregon for their 'Approval or rejection
■ • .
.•• •
'.'.-., AT Ttlfe .
' kii^U;LAR genera'l,.'e^>ection
•'•■■ •■'.■'-
•VO )BE PELD\.''
On the First Day of June. 1908.
TO AMEND
Section 28 (29) of Article IV
Proposed by the Legislative Assembly and filed in the office of the
Secretary of State February 13, 1907, in accordance with the
provisions of Section 1 of Article XVII of the Constittj-
tion of the State of Oregon, adopted by
the people June 4, 1906.
Printed in pursuance of Section 8 of Chapter 226, Laws of 1907.
Secretary of State.
The following is the form and number in which the question will be
printed on the official ballot:
referred TO THE PEOPLE BY THE LEGISLATIVE ASSEMBLY
For an amendment of Section 28 (evidently intended
to be Section 29) of Article IV of the Constitution,
changing the compensation of members of the Legis-
lature to $400 for each regular session and $10 per
day for each extra session instead of $3 per day and
mileage. (Section 28 provides the time when laws
take effect, and the proposed amendment is, there-
fore, wrongly numbered.) Vote YES or NO.
300. Yes.
301. No.
SUBMITTED TO VOTERS
OF Orego'^ JuN|i!l; 1^03 ,'.'" -'.• 3
[On Official Ballot, Nos. 300 and 301.]
HOUSE JOINT RESOLUTION.
Be it resolved by the House, the Senate concurring:
That the following amendment to the constituting [Constitution J of
the State of Oregon is hereby proposed, and if ratified by the electors of
the State, such approval to amend Section 28, Article IV, of the Consti-
tution of the State of Oregon, by amending said Section 28, Article IV,
so as to read as follows:
Section 28. The members of the Legislative Assembly shall receive
for their services the sum of four hundred dollars for each regular
session, which shall be in full of all compensation as per diem for such
session. When convened in extra session by the Governor, they shall
receive ten ($10.00) dollars per day, but no extra session shall continue
for a longer period than twenty days. They shall also receive their
actual traveling expenses in going to and returning from their place
of meeting, on the most usual route. The presiding officers of the as-
.sembly shall, in virtue of their office, receive an additional compensation
equal to two-fifths of their per diem allowance as members.
Adopted by the House, February 1, 1907.
FRANK DAVEY,
Speaker of the Hou.se.
Concurred in by the Senate, February 10, 1907.
E. W. HAINES,
President of the Senate.
(Endorsed) —
House Joint Resolution No. 11.
W. Lair Thompson, Chief Clerk.
Filed February 13, 1907.
F. W. Benson, Secretary of State.
4- .*•'*. *•• ..•l^AM'PHLETr <d0NT;\INING MEASURES TO BE
. •.• '.'^ • -J. !_ ..
• • • • , •
• • •
* •*•/ AN A.'MEJ^V'm-ENT
to* THE
constitution of the state of oregon
to be submitted to the legal electors of the state of
Oregon for their approval or rejection
AT THE
REGULAR GENERAL ELECTION
TO BE HELD
On the First Day of June, 1908,
TO AMEND
Section 3 of Article XIV
Proposed by the Legislative Assembly and filed in the office of the
Secretary of State February 13, 1907, in accordance with the
provisions of Section 1 of Article XVII of the Constitu-
tion of the State of Oregon, adopted by
the people June 4, 1906.
Frinted in pursuance of Section 8 of Chapter 226, Laws of 1907.
Secretary of State.
The following is the form and number in which the question will be
printed on the official ballot:
REFERRED TO THE PEOPLE BY THE LEGISLATIVE ASSEMBLY
For an amendment of Section 3 of Article XIV of the
Constitution, to permit the location of State insti-
tutions elsewhere than at the seat of government
by act of the Legislature and vote of the people. Vote YES or NO.
302. Yes.
303. No.
Submitted to Voters of Qregon June, l., 1908 ' /^
[On Official Ballot, Nos. 302 and 303.]
AMENDED
SENATE JOINT RESOLUTION NO. 1,
As amended and reported by the Judiciary Committee, January 30th,
1907.
Be it resolved by the Senate, the House of Representatives concurring:
That Section 3 of Article XIV of the Constitution of the State of
Oregon be amended to read as follows:
Section 3. The seat of government, when established as provided in
Section 1, shall not be removed for a term of twenty (20) years from the
time of such establishment, nor in any other manner than as provided
in the first section of this article. All the public institutions of the
State, not located elsewhere prior to January 1, 1907, shall be located
in the county where the seat of government is, excepting when other-
wise ordered by an act of the Legislative Assembly and is ratified by
the electors of the State at the next general election following such act,
by a majority of all the votes cast on the question of whether or not
such act shall be ratified.
Concurred in by the House, February 8, 1907.
FRANK DAVEY,
Speaker.
Adopted by the Senate, January 17, 1907.
E. W. HAINES,
President.
((Endorsed) —
Senate Joint Resolution No. 1.
Frank S. Grant, Chief Clerk.
Filed February 13, 1907.
F. W. Benson, Secretary of State.
,,6','- '.'. „. ' FAJVC^HIiET/CQNTAINING MEASURES TO BE
Iff - - f »<
«■ •
r r ' ,
' '' ^•' ' \' < / / ■ A N A M E P^ ,L> M E N T
> ,, TO THt
constitution of the state of oregon
to be submitted to the legal electors of the state of
Oregon for their approval or rejection
AT THE
REGULAR general ELECTION
TO BE HELD
On the First Day of June, 1908,
TO AMEND
Article VI I
Proposed by the Legislative Assembly and filed in the office of the
Secretary of State February 19, 1907, in accordance with the
provisions of Section 1 of Article XVII of the Constitu-
tion of the State of Oregon, adopted by
the people June 4, 1906.
Printed in pursuance of Section 8 of Chapter 226, Laws of 1907.
Secretary of State.
The following is the form and number in which the question will be
printed on the official ballot:
referred TO THE PEOPLE BY THE LEGISLATIVE ASSEMBLY
An amendment to Article VII of the Constitution by
increasing the number of judges of the Supreme
Court from three to five, until otherwise provided
by law, and authorizing the Legislative Assembly to
provide by appropriate legislation for the exercise
by the circuit courts, of the probate jurisdiction
theretofore exercised by the county courts, and for
the transaction of county busmess by and before
some appropriate body or tribunal. Vote YES or NO.
304. Yes.
305. No.
Submitted to Voters of Oregon June 1, 1908
[On Official Ballot, Nos. 304 and 305.]
SENATE JOINT RESOLUTION NO. 7,
Introduced by the Judiciary Committee and Senator Bingham as a sub-
stitute for Senate Joint Resolution No. 3, introduced by Senator
Bingham.
Resolved by the Senate, the House of Representatives concurring:
That the following amendment to the Constitution of the State of
Oregon be, and the same hereby is proposed:
Article VII of the Constitution of the State of Oregon shall be, and
the same hereby is, amended to read as follows:
Article VII.
Section 1. The judicial power of this State shall be vested in a
Supreme Court and Circuit Court, which shall be courts of record,
having general jurisdiction, to be defined, limited, and regulated by law.
Justices of the peace and other inferior tribunals may also be invested
with limited judicial powers, and municipal courts may be created to
administer the regulations of incorporated towns and cities.
Section 2. The Supreme Court, from and after the first Monday in
January, A. D. 1909, shall consist of five judges until otherwise pro-
vided by law. They shall be chosen by the electors of the State in such
manner as may be provided by law, and shall be citizens of the United
States and residents of the State of Oregon for at least six years next
preceding their election.
Section 3. Each of the present judges of the Supreme Court and
each judge elected or appointed before the presidential election in
November, A, D. 1908, shall serve the term for which he was elected or
appointed and until his successor shall be elected and qualified in the
manner prescribed by law. At the regular presidential election in
November, 1908, one judge of the Supreme Court shall be elected to
serve for the term of four years, and one judge shall be elected to serve
for the term of six years, beginning on the first Monday in January, A. D.
1909. Thereafter the term of each judge of the Supreme Court shall
commence on the first Monday in January following his election, and
except as to elections to fill vacancies each judge shall be elected to
serve for the term of six years, and until his successor shall be elected
and qualified in the manner provided by law. Nominations of candidates
for the two supreme judges to be so elected in November, 1908, shall be
by convention or by assembly of electors or by certificate of individual
electors.
Section 4. Every vacancy in the office of judge of the Supreme Court
shall be filled by election at the next general election for the remainder
8 Pamphlet Containing Measures to be
of the vacant term, and until so filled the Governor shall fill the vacancy
by appointment.
Section 5. The judge who has the shortest term to serve, or the
oldest of several having such shortest term, and not holding by appoint-
ment, shall be the chief justice.
Section 6. The Supreme Court shall have jurisdiction only to revise
the final decisions of circuit courts. Every cause shall be tried and
every decision shall be made by not less than a majority of the members
of the Supreme Court. If the court shall not be unanimous in the
decision of any cause, any member disagreeing shall express his dissent
on record, and may file his reasons therefor.
Section 7. The terms of the Supreme Court shall be appointed by
lavi-; but there shall be one term at the seat of government annually.
During or at the close of each term the judges shall file with the Secre-
tary of State concise written statements of the decisions, and dissenting
opinions, if any, made at that term.
Section 8. There shall be chosen, for the term of six years, by the
quiilified electors in districts composed of one or more counties, a suffi-
cient number of circuit judges, who shall hold court in the counties of
their respective districts at such times, and in other counties under such
conditions, as may be prescribed by law; but the existing circuit court
shall continue to hold terms as now required by law until laws shall be
enacted especially for the enforcement of the provisions of this article.
Section 9. All judicial power, authority, and jurisdiction not vested
by this Constitution, or by laws consistent therewith, exclusively in somfe
other court, shall belong to the circuit court; and it shall have appellate
jurisdiction and supervisory control over all inferior courts, officers,
and tribunals.
Section 10. Every circuit judge shall be a citizen of the United States,^
a resident of the district for which he shall be elected, and shall have
resided in the State of Oregon at least six years before he is elected.
Section 11. Provision shall be made by law for the election and ap-
pointment of such district, county and precinct officers as may be neces-
sary, and for fixing their compensation and terms of office and defining
their duties and power in the conduct of public business.
Section 12. Public officers shall not be impeached; but incompetency,
corruption, malfeasance, or delinquency in office may be tried in the
same manner as criminal offenses and judgment may be given of dis-
missal from office, and such further punishment as may have been pi'e-
scribed by law.
Section 13. The Governor may remove from office a judge of the
Supreme Court or a judge of the circuit court, upon the joint resolution
of the Legislative Assembly in which two-thirds of the members elected
to each house shall concur, for incompetency, corruption, malfeasance, or
delinquency in office, or other sufficient cause stated in such resolution.
Submitted to Voters of Oregon June 1, 1908
Section 14. Every judge of the Supreme Court or circuit court, before
entering upon the duties of his office, shall take and subscribe and trans-
mit to the Secretary of State, the following oath:
"I, , do solemnly swear (or affirm) that I
will support the Constitution of the United States and the Constitution
of the State of Oregon; and that I will faithfully and impartially dis-
charge the duties of a judge of the Supreme (or circuit) Court of said
Stale, according to the best of my ability, and that I will not accept any
other office except judicial offices, during the term for which I have been
elected."
Section 15. All the provisions of Article VII of the Constitution as
the same existed prior to the adoption of this substitute therefor, and
all laws now in force in accordance with said article, shall remain in
force after the adoption of this substitute, except as to the provisions
herein contained concerning the Supreme Court and the judges thereof,
until the Legislative Assembly shall provide by appropriate legislation
for the exercise by the circuit court of the probate jurisdiction hereto-
fore exercised by the county court and for the transaction of county
business by and before some appropriate body or tribunal.
Adopted by the House, February 15, 1907.
FRANK DAVEY,
Adopted by the Senate, February 15, 1907.
E. W. HAINES,
Speaker.
President.
(Endorsed) —
Senate Joint Resolution No. 7, substitute for Senate Joint Res. No.
Frank S. Grant, Chief Clerk.
Filed February 19, 1907.
F. W. Benson, Secretary of State.
10 Pamphlet Containing Measures to be
AN AMENDMENT
TO THE
constitution of the state of oregon
to be submitted to the legal electors of the state of
Oregon for their approval or rejection
AT THE
REGULAR GENERAL ELECTION
TO BE HELD
On the First Day of June, 1908,
TO AMEND
Section 14 of Article II
Proposed by the Legislative Assembly and filed in the office of the
Secretary of State February 23, 1907, in accordance with the
provisions of Section 1 of Article XVII of the Constitu-
tion of the State of Oregon, adopted by
the people June 4, 1906.
Printed in pursuance of Section 8 of Chapter 226, Laws of 1907.
Secretary of State.
The following is the form and number in which the question will be
printed on the official ballot:
REFERRED TO THE PEOPLE BY THE LEGISLATIVE ASSEMBLY
For amendment of Section 14 of Article II of the
Constitution, changing the time of holding the reg-
ular general biennial elections from the first Monday
in June to the first Tuesday after the first Monday
in November. Vote YES or NO.
306. Yes.
307. No.
Submitted to Voters of Oregon June 1, 1908 11
[On Official Ballot, Nos. 306 and 307.]
HOUSE JOINT RESOLUTION NO. 7,
Proposing amendment to the Constitution of the State of Oregon.
Resolved by the House, the Senate concurring :
That the following amendment to the Constitution of the State of
Oregon be, and the same is hereby proposed:
Section 14 of Article II of the Constitution of the State of Oregon shall
be and hereby is amended to read as follows:
Section 14. The regular general biennial election in Oregon for the
year a. d. 1910 and thereafter shall be held on the first Tuesday after
the first Monday in November. All officers except the Governor, elected
for a six-year term in 1904 or for a four-year term in 1906, or for a two-
year term in 1908, shall continue to hold their respective offices until the
first Monday in January, 1911; and all officers, except the Governor,
elected at any regular general biennial election after the adoption of this
amendment, shall assume the duties of their respective offices on the
first Monday in January following such election. All laws pertaining to
the nomination of candidates, registration of voters and all other things
incident to the holding of the regular biennial election shall be enforced
and be effected the same number of days before the first Tuesday after
the first Monday in November that they have heretofore been before the
first Monday in June biennially, except as may hereafter be provided
by law.
Adopted February 1, 1907.
Adopted February 23, 1907.
FRANK DAVEY,
Speaker of the House.
E. W. HAINES,
President of the Senate.
(Endorsed) ^ —
House Joint Resolution No. 7.
W. Lair Thompson, Chief Clerk.
Filed February 23, 1907.
F. W. Benson, Secretary of State.
12 Pamphlet Containing Measures to be
A MEASURE
Providing for the custody and control of persons confined in county
jails and prisoners held to labor, and providing for the appointment
and compensation of jailers and guards of prisoners in counties of more
than one hundred thousand inhabitants, and providing for the com-
pensation of sheriffs in the State and in counties of more than one
hundred thousand inhabitants for the feeding and boarding of persons
confined in jail, or at work, and declaring an emergency, filed in the
office of the Secretary of State, February 16, 1907.
To BE submitted TO THE LEGAL ELECTORS OF THE STATE OF
Oregon for their approval or rejection
AT THE
REGULAR GENERAL ELECTION
TO BE HELD
On the First Day of June, 1908.
Referendum ordered by petition of the people filed in the office of the
Secretary of State, May 18, 1907, in accordance with the pro-
visions of Section 1 of Article IV of the Constitution
of the State of Oregon, adopted by
the people June 2, 1902.
Printed in pursuance of Section 8 of Chapter 226, Laws of 1907.
Secretary of State.
The following is the form and number in which the question will be
printed on the official ballot:
REFERENDUM ORDERED BY PETITION OF THE PEOPLE
An act providing that in all counties, the sheriff shall
have the custody of prisoners committed to or con-
fined in the county jail and such prisoners shall be
worked at such places and for such time and in such
manner as the county court may direct, and that, in
counties of over one hundred thousand inhabitants,
the salaries of guards and jailers shall not exceed
$90.00 per month, and the price of meals furnished
pri-soners shall be 12i/^c each. Vote YES or NO.
308 Yes.
309. No.
Submitted to Voters of Oregon June 1, 1908 13
AN ACT
"Providing for the custody and control of persons confined in county
jails and prisoners held to labor, and providing for the appointment
and compensation of jailers and guards of prisoners in counties of more
than one hundred thousand inhabitants, and providing for the com-
pensation of sheriffs in the State and in counties of more than one
hundred thousand inhabitants for the feeding and boax'ding of persons
confined in jail or at work, and declaring an emergency."
Be ii enacted by the People of the State of Oregon:
Section 1. The sheriff in every county shall have the custody and
control of all persons legally committed or confined in the county jail of
his county during the period of such commitment or confinement. Pro-
vided, however, that such sheriff shall, under the direction of the county
court of his county, in the case of prisoners in the county jail held to
labor under existing lav^rs, work such prisoners at such places and for
such time and in such manner as the county court may direct; and pro-
vided, further, that the sheriff may retain and put to work such number
of such prisoners, not exceeding ten, as may be required to perform
necessary services in and about such jail and in the care thereof.
Section 2. In the counties of more than one hundred thousand in-
habitants, the sheriff may appoint two jailers for each jail within such
county, and may upon oi'der of the county court of such county appoint
as many additional jailers as in the opinion of such court may be neces-
sary, and where prisoners are worked on county roads or engaged in any
public work, such sheriff may, upon order of said county court, appoint
as many guards as in the opinion of such court may be necessary for the
proper control and safeguarding of such prisoners. Each such jailer
shall receive a salary not to exceed $90.00 per month and each such guard
shall receive such salary as shall be fixed by order of said county court,
and all such salaries shall be paid by said county in the same manner
that other officers and employees of said county are paid. Each such
jailer and guard shall have the power and authority of a deputy sheriff.
Section 3. In counties of more than one hundred thousand inhabitants,
the sheriff shall receive 12Vi> cents per meal for the boarding of each
person lawfully confined in the jail of his county and the same price for
the boarding of each prisoner who, because of being engaged in working
on the county road or on other public work, is not confined in such jail;
and such sheriff shall furnish three meals per day to all persons held
for trial or as witnesses or on account of insanity or held to labor while
so engaged; but to prisoners serving sentence and not engaged in labor,
such sheriff shall furnish only two meals.
Sec. 4. All acts and parts of acts in conflict herewith are hereby re-
pealed.
Passed the House, February 7, 1907.
FRANK DAVEY, Speaker of the House.
Passed the Senate, February 13, 1907.
(Endorsed)— E. W. HAINES, President of the Senate.
House Bill No. 243. W. Lair Thompson, Chief Clerk.
Executive Department, State of Oregon. Received February 14, 1907.
Filed February 16, 1907. F. W. Benson, Secretary of State.
14 Pamphlet Containing Measures to be
A MEASyRE
To regulate the appropriation of land for corporate purposes, and to
require the grant of personal right during their term of office to public
officials to travel over transportation lines as a condition precedent to
the right of action for the condemnation of land and to prohibit pay-
ment of mileage for such free travel, filed in the office of the Secretary
of State February 20, 1907.
to be submitted to the legal electors of the state of
Oregon for their approval or rejection
AT THE
REGULAR GENERAL ELECTION
TO BE HELD
On the First Day of June. 1908.
Referendum ordered by petition of the people filed in the office of the
Secretary of State, May 22, 1907, in accordance with the pro-
visions of Section 1 of Article IV of the Constitution
of the State of Oregon, adopted by
the people June 2, 1902.
Printed in pursuance of Section 8 of Chapter 226, Laws of 1907.
Secretary of State.
The following is the form and number in which the question will be
printed on the official ballot:
REFERENDUM ORDERED BY PETITION OF THE PEOPLE
For an act requiring railroads and other common car-
riers to grant free transportation to State officers
and county judges and sheriffs, as a condition prece-
dent to acquiring land for corporate purposes by
the exercise of eminent domain, and to prohibit the
payment of mileage for such free transportation. Vote YES or NO.
310. Yes.
311. No.
Submitted to Voters of Oregon June 1, 1908 15
[On Official Ballot, Nos. 310 and 311.]
AN ACT
To regulate the appropriation of land for corporate purposes, and to
require the grant of p»?rsonal right during their term of office to public
officials to travel over transportation lines as a condition precedent to
the right of action for the condemnation of land and to prohibit pay-
ment of mileage for such free travel.
Be it enacted by the people of the State of Oregon:
Section 1. Whenever any corporation authorized by law to appropri-
ate lands, right of way, right to cut timber or to cross or connect with
another railway, or other rights or easements in lands, is unable to agree
with the owner thereof as to the compensation to be paid therefor, or if
such owner be absent from the State, such corporation may maintain an
action in the circuit couit of the State of Oregon for the proper county
against said owner for the purpose of having such lands, right to cut
timber, right of way, or to cross or to connect with another railway, or
other right or easement, appropriated to its use for determining the com-
pensation to be paid to such owner therefor, as provided in chapter II of
title XLI of Bellinger and Cotton's Annotated Codes and Statutes of
Oregon; provided, however, that as a condition precedent to the right to
institute or carry on such action in any court in the exercise of the right
of eminent domain as provided by law, the corporation seeking to ap-
propriate lands, right of way, right to cut timber or to cross or connect
with another railway, or other right or easement in lands, must file with
the Secretary of State of the State of Oregon, a certificate granting to
the officers hereinafter named, during their respective terms of office, the
right and privilege of free transportation over any and all railway lands
owned, operated, or controlled by said corporation within the State of
Oregon. The fact of the act of filing such certificate as hereinbefore
provided must be set forth in the first pleading filed by such corporations
in the action hereinbefore provided for.
Section 2. From and after the filing of the certificate mentioned in
section 1 of this act, all the following State, district, and county officers
of the State of Oregon, to-wit: Governor, Secretary of State, State
Treasurer, Attorney-General, Superintendent of Public Instruction, State
Printer, Oregon Dairy and Food Commissioner, Game and Forestry
Warden, Fish Commissioner, State Health Officer, State Engineer, State
Land Agent, the members of the Legislative Assembly of the State of
Oregon, the judges of the Supreme Court of the State of Oregon, the
circuit judges, the prosecuting attorneys, and the county judges and
sheriffs of each county shall, during the terms of their respective offices.
16 Pamphlet Containing Measures to be
have the right and privilege, by virtue of their office, to free transporta-
tion within the State of Oregon over any and all railway lines mentioned
in said certificate, and the certificate of election or appointment, or a
certified copy thereof, shall of itself be evidence of the right to the ex-
ercise of such privilege of free transportation. The conductor or other
official of such railway lines so filing said certificate as aforesaid, shall
take the name of such official, the title of his office, and the date of his
certificate, in lieu of a ticket or other evidence of the right to travel over
railway lines.
Section 3. For the purposes of this act, all railways within the State
of Oregon shall be considered common carriers of passengers for hire.
Section 4. No officer herein mentioned who secures fi-ee transporta-
tion under the provisions of this act, shall be entitled to, or collect
mileage from the State, district, or county for such free travel so obtained.
Section 5. All acts and parts of acts in conflict herewith ai-e hereby
repealed.
Passed the House, February 6, 1907.
FRANK DAVEY,
Speaker of the House.
Passed the Senate, February 14, 1907.
E. W. HAINES,
President of the Senate.
< Endorsed) —
House Bill No. 241.
W. Lair Thompson, Chief Clerk.
Executive Department, State of Oregon. Received Feb. 15, 1907.
Special order Tuesday February 19, 1907, 2 p. M.
Passed notwithstanding the veto of the Governor, February 19, 1907.
W. Lair Thompson.
Passed notwithstanding the veto of the Governor, February 20, 1907.
Frank S. Grant, Chief Clerk Senate.
Passed the House notwithstanding the Governor's veto, Feb. 19, 1907.
Frank Davey, Speaker of the House.
Passed the Senate notwithstanding the Governor's veto, Feb. 20, 1907.
E. W. Haines, President of the Senate.
House Bill No. 241.
W. Lair Thompson, Chief Clerk.
Piled February 20, 1907.
F. W. Benson, Secretary of State.
Submitted to Voters of Oregon June 1, 1908 17
A MEASURE
To provide for armories for the Oregon National Guard, to appropriate
moneys therefor and to regulate the disbursement thereof, filed in the
office of the Secretary of State, February 26, 1907.
to be submitted to the legal electors of the state of
Oregon for their approval or rejection
AT THE
REGULAR GENERAL ELECTION
TO BE HELD
On the First Day of June, 1908.
Referendum ordered by petition of the people filed in the office of the
Secretary of State, May 22, 1907, in accordance with the pro-
visions of Section 1 of Article IV of the Constitution
of the State of Oregon, adopted by
the people June 2, 1902.
Printed in pursuance of Section 8 of Chapter 226, Laws of 1907.
Secretary of State.
The following is the form and number in which the question will be
printed on the official ballot:
REFERENDUM ORDERED BY PETITION OF THE PEOPLE
A-n act to appropriate twenty-five thousand dollars an-
nually for four years, to be used in purchasing
grounds and building armories for the use of the
Oregon National Guard, the money to be expended
under the supervision of the State Military Board
at any time during the four years, the board not
being required to use each appropriation the year
it is appropriated. The Oregon National Guard is
required to paj?^ to the State Treasurer such rental,
for the use of said armories, as may be fixed by the
State Military Board. Vote YES or NQ-
312. Yes.
313. No.
18 Pamphlet Containing Measures to be
[On Official Ballot, Nos. 312 and 313.J
AN ACT
To provide for armories for the Oregon National Guard, to appropriate
moneys therefor and to regulate the disbursement thereof.
Be 'd enacted by the People of the State of Oregon:
Section 1. That the sum of one hundred thousand dollars ($100,000)
is hereby appropriated out of any moneys in the "General Fund" in the
State treasury, not otherv/ise appropriated, for the purpose of purchas-
ing ground and constructing armories thereon in the several cities and
towns in the State of Oregon, for the use of the Oregon National Guard,
the same to be a continuing appropriation of twenty-five thousand dollars
(.$25,000) annually for the ensuing four (4) years; and the use and ex-
penditure of the said sum hereby appropriated shall not be limited to any
particular year, and may be expended at any period within the four
ensuing years.
Section 2. That the purchasing of suitable locations and construction
of such armories shall be upon the recommendations and under the su-
pervision of the State Military Board of the State of Oregon, which shall
adopt such regulations for the maintenance and control of said armorie.-
as may be deemed necessary by it.
Section 3. That said armories shall be constructed in such cities or
towns not already provided with armories, v/here one or more companies
of the Oregon National Guard, fully organized under the laws of t?te
State of Oregon, may be located, and where, in the judgment of the State
Military Board, it will be most convenient to the companies, and where
most necessary.
Section 4. That the said armories shall be safe, suitable, and of suffi
cient size for the drilling of a company or battalion, according to where
the same may be located; provided, that if two or more companies are
organized in one town or city, said companies shall each have the use of
said armory.
Section 5. That each company of infantry and naval division, each
troop of cavalry and battery of artillery, and each fully organized band
or corps established by authority of the Military Board, using said
armories, shall pay to the State Treasurer of the State of Oregon, each
quarter, out of its annual allowance, such sum as rental for the use
thereof as the Military Board shall from time to time fix and establish.
Passed the House, February 12, 1907.
FRANK DAVEY, Speaker of the House.
Passed the Senate, February 19, 1907.
E. W. HAINES, President of the Senate.
(Endorsed) —
House Bill No. 118. W. Lair Thompson, Chief Clerk.
Executive Department, State of Oregon. Received February 20, 1907.
Filed February 26, 1907. F. W. Benson, Secretary of State.
Submitted to Voters of Oregon June 1, 1908 19
ARGUMENT
(negative)
SUBMITTED BY
A. T. BUXTON, B. G. LEEDY, and C. E. SPENCE,
Executive Committee, Oregon State Grange,
opposing the measures designated on the official ballot as follows:
REFERENDUM ORDERED BY PETITION OF THE PEOPLE
For an act requiring railroads and other common car-
riers to grant free transportation to State officers
and county judges and sheriffs, as a condition pre-
cedent to acquiring land for corporate purposes by
the exercise of eminent domain, and to prohibit the
payment of mileage for such free transportation. Vote YES or NO.
310. Yes.
311. No.
An act to appropriate twenty-five thousand dollars an-
nually for four years, to be used in purchasing
grounds and building armories for the use of the
Oregon National Guard, the money to be expended
under the supervision of the State Military Board
at any time during the four years, the Board not
being required to use each appropriation the year it
is appropriated. The Oregon National Guard is re-
quired to pay to the State Treasurer such rental,
for the use of said armories, as may be fixed by the
State Military Board. Vote YES or NO.
312. Yes.
313. No.
ARGUMENTS AGAINST PASS LAW AND ARMORY ACT.
The executive committee of the Oregon State Grange offers the fol-
lowing argument in support of the referendum upon the above measures,
Nos. 310-311 and 312-313.
WHY THE "FREE PASS" BECAME AN ISSUE.
The primary reason for the agitation of the "Free Pass" question
was the generous manner in which railway companies furnished free
transportation to public officials, with the expectation, no doubt, of re-
ceiving some favors in return. Members of the Legislature were especi-
20 Pamphlet Containing Measures to be
ally favored with free passes, and they could and did furnish their
friends with passes also.
Corporations are not generally supposed to give something for noth-
ing; therefore the growth of a sentiment in favor of removing the influ-
ence of the Free Pass. So strong did this sentiment become that at the
election in June, 1906, the voters of the State gave an initiative Anti-
Pass Law an overwhelming majority. But this measure was considered
inoperative on account of the omission of the enacting clause.
In the face of the fact that a majority of the voters had favored an
Anti-Pass Law, the Legislature enacted this Compulsory Pass Law,
which provides that railway companies shall file a certificate with the
Secretary of State, granting passes to certain State, district and county
officers before said company can enter into a lawsuit to condemn land,,
timber, etc.
This "condemnation" clause is only a flimsy excuse to legalize the
giving of passes, for, while companies that have secured their rights of
way or are able to secure them without a lawsuit are not required to
give passes, yet they may file certificates and grant passes whether they
wish to enter suit or not.
So the argument that, under the compulsory system, the conditions
which gave the railway a motive for giving the pass, are removed, falls
flat, for if any of our present roads give passes, they would do so as a
special favor to the officials for which they would expect the same returti
favors as before.
Furthermore, the free pass granted to the officers who are placed in
the favored class has no connection with their official capacity, for they
are given free passes whenever they choose to travel on a railway, any-
where in the State at any time during their incumbency in office whether
they are on official business or not.
Members of the Legislature, for example, might have occasion to use
the pass in travelling on official business, at any time during the forty
days of the biennial session. The remainder of their two-years terms
they would travel on their own business or pleasure. Is it to be expected
that such privelege would be without its influence? The people, by their
votes, have once indicated that they did not think so, and we think they
will again be disposed to vote "No" upon the measure.
Section 29, article IV, of the Constitution of the State, in providing
for the traveling expenses of members of the Legislature, says in part:
"They shall also receive the sum of three dollars for every twenty miles
they shall travel in going to and returning from their place of meeting
on the most usual route." This cannot be changed except by constitu-
tional ainendment. Section 4 of the Compulsory Pass Law reads: "No
officer herein mentioned who secures free transportation under the pro-
visions of this act shall be entitled to, or collect mileage from the State,
district or county for such free travel so obtained."
It is evident the legislator cannot obey both unless it was intended to
make it legal for him to collect the constitutional traveling fee and travel
on a pass at the same time.
Submitted to Voters of Oregon June 1, 1908 21
THE ARMORY APPROPRIATION.
The State Grange has not called the referendum on the armory appro-
priation bill in any spirit of opposition to the State Militia, but there are
a few facts which we desire to bring to the attention of the taxpayers.
In the great majority of cases in which the State Militia of the country
has been called upon for active service, it has been to help in the settle-
ment of disputes between large corporations and their employees. In
our State these corporations have steadfastly resisted every attempt to
levy tribute upon them for the support of the State government. The
Pacific Telephone Company has refused to pay the small gross-earnings
tax levied upon it by the initiative law enacted at the last general elec-
tion and, backed by other similar corporations, is now bringing suit to
overthrow the whole system of direct legislation and putting the State
to additional expense to defend that system and enforce the collection
of the tax.
Let these corporations, which give occasion for the existence of the
State Militia, pay their just share for the support of the government
whose protection they demand; then, if armories be needed, they can be
provided without placing any additional burden upon the property that
is already carrying all the load that it can stand.
Furthermore, we object to this measure not merely for the sake of sav-
ing this particular $100,000.00. If there were assurance that the matter
would stop at this amount, it would not be so serious or objectionable.
But under the provisions of this bill the way may be opened for endless
graft in the future. No definite number of armories are provided for, but
they are to be erected upon the recommendation of the State Military
Board in the towns where one or more companies of the Oregon National
Guard are located. No limitations were placed upon the cost of the dif-
fei'ent buildings.
Does any one believe that $100,000 would be sufficient to buy land and
erect ten or twelve strong, substantial buildings of a permanent char-
acter and of sufficient size for the purpose of a drill hall for companies
or battalions? If the amount did not prove to be sufficient, what then?
Every town with an organization is entitled to an armory, under this
law. There would seem to be no other way than for an additional ap-
propriation to be made at the next session of the Legislature.
Then again, if some towns find themselves well provided with public
funds to expend, what is to prevent other towns from organizing militia
companies and demanding the erection of additional armories?
Any one familiar with the methods by which such matters are gen-
erally carried through the Legislature by the formation of log-rolling
combinations may well ask where this species of graft will stop if once
begun. . A. T. BUXTON,
B. G. LEEDY,
C. E. SPENCE,
Executive Committee, Oregon State Grange.
(Endorsed) —
Filed February 24, 1908. • F. W. Benson, Secretary of State.
22 Pamphlet Containing Measures to be
A MEASURE
To amend Section 3529 of Bellinger and Cotton's Annotated Codes and
Statutes of Oregon, by increasing the annual appi'opriation for the
support and maintenance of the University of Oregon, filed in the
office of the Secretary of State, February 20, 1907.
to be submitted to the legal electors of the state of
Oregon for their approval or rejection
AT THE
REGULAR GENERAL ELECTION
TO BE HELD
On tpie First Day of June, 1908.
Referendum ordered by petition of the people filed in the office of the
Secretary of State, May 23, 1907, in accordance with the pro-
visions of Section 1 of Article IV of the Constitution of
the State of Oregon, adopted by the
people June 2, 1902.
Printed in pursuance of Section 8 of Chapter 226, Laws of 1907.
Secretary of State.
The following is the form and number in which the question will be
printed on the official ballot:
referendum ordered by petition of the people
An act to amend Section 3529 of Bellinger and Cot-
ton's Annotated Codes and Statutes of Oregon bj'
increasing the annual appropriation for the support
and maintenance of the University of Oregon. Vote YES or NO.
314. Yes.
315. No.
Submitted to Voters of Oregon June 1, 1908 23
[On Official Ballot, Nos. 314 and 315.]
AN ACT
To araend Section 3529 of Bellinger and Cotton's Annotated Codes and
Statutes of Oregon, by increasing the annual appropriation for the
support and maintenance of the University of Oregon.
Be it enacted by the People of the State of Oregon:
Section 1. That Section 3529, Chapter 6, Title XXXIII, of Bel-
linger and Cotton's Annotated Codes and Statutes of Oregon, be and the
same is hereby amended to read as follows:
Section 3529. The sum of $125,000 is hereby appropriated for the
year 1907 and annually thereafter, for the support and maintenance of
the University of Oregon; to keep the buildings, grounds, and other
property thereof in repair; for the purchase of additional land for the
campus thereof; for the construction of buildings and additions to the
same; and for the purchase of library books, laboratory supplies and
apparatus. This fund shall be paid out only on warrants drawn by the
Secretary of State on the State Treasurer against said fund. This fund
shall be a continuing fund and if the amount appropriated for any ons
year shall not be used during such year, the balance remaining shall be
carried over to the next year and added to the fund for that year, and
the Secretary of State is authorized and directed to audit and allow all
claims otherwise payable out of such fund, regardless of the date when
contracted.
Passed the House, February 11, 1907.
FRANK DAVEY, Speaker of the House.
Passed the Senate, February 17, 1907.
E. W. HAINES, President of the Senate.
(Endorsed) —
House Bill No. 37.
W. Lair Thompson, Chief Clerk.
Executive Department, State of Oregon. Received Febi'uary 14, 1907.
Special order Tuesday, February 19, 1907, 2:00 P. M.
Passed notwithstanding the veto of the Governor, February 19, 1907.
W. Lair Thompson.
Passed notwithstanding the veto of the Governor, February 19, 1907.
Frank S. Grant, Chief Clerk Senate.
Passed the House notwithstanding the Governor's veto, Feb. 19, 1907.
Frank Davey, Speaker of the House.
Passed the Senate notwithstanding the Governor's veto, Feb. 19, 1907.
E. W. Haines, President of the Senate.
House Bill No. 37.
W. Lair Thompson, Chief Clerk.
Filed February 20, 1907.
F. W. Benson, Secretary of State.
24 Pamphlet Containing Measures to be
ARGUMENT
(affirmative)
SUBMITTED BY
THE UNIVERSITY OF OREGON ALUMNI ASSOCIATION
in favor of the measure designated on the official ballot as follows:
REFERENDUM ORDERED BY PETITION OF THE PEOPLE
An act to amend Section 3529 of Bellinger and Cot-
ton's Annotated Codes and Statutes of Oregon by
increasing the annual appropriation for the support
and maintenance of the University of Oregon. Vote YES or NO.
314. Yes.
315. No.
Argutiient m Favor of University of Oregon Appropriatio)/ Bill presented
by University of Oregon Alumni Association.
Filed February 1, 1908, by C. N. McArthur, Chairman University of
Oregon Alumni Campaign Committee.
APPEAL FOR STATE UNIVERSITY.
Alumni Committee Offers Reasons Why Citizens Should Support Higher
Education
Strong Argument for Consideration of Every Fair-minded and Progres-
sive Taxpayer of Oregon.
Portland, Oregon, February 1, 1907.
To the Voters of Oregon:
The last session of the Oregon Legislature passed a bill appropriating
$125,000, annually, for the support and maintenance of the University
of Oregon, for keeping buildings, grounds and the other property thereof
in repair, and for the construction of buildings, for the purchase of land,
apparatus, library books and supplies.
A referendum was invoked upon the bill, so it will not become a law
until it is approved by a majority of the voters of the State at the
regular election on June 1st, 1908. The Alumni of the University of
Submitted to Voters of Oregon June 1, 1908 25
Oregon issue this statement to the voters of Oregon, in the confident
hope and belief that careful consideration of the facts will induce them
to vote "yes" on the ballot and convert the bill into a law.
UNIVERSITY ATTENDANCE INCREASES.
The University, along with the rest of the State, has just entered
upon a remarkable period of growth. In every section of Oregon there
are being established high schools, from which the sons and daughters of
the people are finding their way in steadily increasing numbers to the
halls of the Univei'sity. The attendance has doubled since 1901 and has
increased 23 per cent since last year, despite the referendum and the
temporary crippling of the institution. There are now four hundred
students in the departments at Eugene, exclusive of music, and a total
enrollment (including the professional schools) of six hundred students.
It is reasonable to believe that the rate of increase will be still more
rapid during the next few years, owing to the fact that the number of
high schools is rapidly growing and a large percentage of their graduates
are finding their way to the University.
OREGON APPROPRIATION SMALLEST.
It is a lamentable fact that the University of Oregon is now receiving
the smallest appropriation for maintenance of any State University in
the Union. The present appropriation from this State amounts to $47,500.
In addition to this, the University receives about $12,000 a year from
interest-bearing funds and registration fees. The University of Wash-
ington receives $200,000 per year (exclusive of buildings) for mainten-
ance; the University of Idaho, $71,150; the University of Montana,
$74,550; the University of Colorado, $145,000; the University of Nevada,
$85,000; the University of Iowa, $230,000; the University of Wisconsin,
$721,000; the University of Nebraska, $235,500; and the University of
California, $558,035. Many of these States are also spending large sums
for buildings and improvements. The last Legislature of the State of
Washington appropriated $600,000 for new buildings at the University
of Washington. Besides these large sums spent for the support of their
universities, the people of Washington, Utah, Colorado and Montana are
supporting their argiciiltur?)' colleges in a most liberal manner, and the
people of Colorado and Montana are each supporting a State School of
Mines.
COMPARATIVE COST PER STUDENT.
The direct maintenance cost per student to the State (exclusive of
buildings) in a number of typical western universities, for the year 1907,
is shown in the following table. A second table shows the entire cost per
student to the State, including expenditures for building and equipment.
The maintenance figure for Oregon is estimated on the basis of the new
appropriation of $125,000, and not of the present appropriation of $47,500,
which would make a cost per student much less. The number of students
given is inclusive of- the department of Liberal Arts, Engineering, Medi-
26
Pamphlet Containing Measures to be
cine, and Law, for the reason that the outside State University reports
include all departments, and it is not possible to make an accurate segre-
gation in the funds in arriving at the cost per student to the State.
Table 1.
For Total Population Cost to the
State. maintenance number of State State per
only. students. (1900 census.) student.
Washington $202,000 1268 518,103 $151.00
Oregon (a) 80,000 600 413,536 133.00
Idaho 71,150 (6)397 161,772 179.00
California 558,035 3000 1,485,052 180.60
Montana 74,550 (c)383 243,329 194.00
South Dakota 58,000 (d)210 401,570 276.00
North Dakota 67,368 (e)455 319,146 ' 148.00
Iowa 230,000 1815 2,231,853 126.50
Wisconsin 721,000 3500 2,069,042 200.00
Table 2.
(/) Total appropriations Total Oost to the
State. for maintenance number State per
and buildings. students. student.
Washington $500,000 1268 $392.00
Oregon 125,000 600 208.00
Idaho -. 129,150 (6)397 325.00^
California 822,148 3000 274.00
Montana 87,550 (c)383 228.00
North Dakota 147,171 (e)455 323.00
Iowa 230,000 1815 321.00
Wisconsin 921,000 3500 207.00
Income. ('nsl ppr student.
Harvard $1,700,000 3945 $420.00
Yale 921,444 3208 287.00
BASIS OF COMPARISONS.
It is perfectly clear that the only fair comparison of cost per student
is between institutions doing a similar grade of work. It is grossly unjust
to compare the cost in a university with the cost in elementary schools, or
even in colleges which are struggling desperately to secure proper equip
ment and more nearly adequate support. The cost at the University of
Oregon is extremely low as compared with the cost in other State uni
versities, and that is the real test.
(6) 162 of Idaho's 397 students are preparatory,
(c) 194 of Montana's 383 students are preparatory.
id) 80 of South Dakota's 210 students are preparatory,
(e) 267 of North Dakota's 455 students are preparatory,
(a) Estimated expenditure for maintenance under new appropriation,
the rest of the appropriation to go for building and equipment.
(/) Student fees and interest bearing funds not included.
Submitted to Voters of Oregon June 1, 1908 27
SCALE OF SALARIES LOW.
The scale of salaries at the University of Oregon is lower than that
of a great majority of State universities. The salary of the president is
$3,000, as against $10,000 at the University of California, $4,500 at the
University of Washington, $3,600 at the University of Idaho, $4,000 at
the University of Montana, and $5,000 at the Oregon Agincultural College.
The maximum salaries paid to professors at the University of Oregon is
$2,000, as against a standard university salary of not less than $3,000.
Only eight professors receive the full salary of $2,000; nine receive $1,600
per year, and the remaining members of the instructional force receive
salaries ranging from $1,200 to $300 per year. The entire salary roll is
lower than that of superintendent, principals and grade teachers in good
city schools.
The rapid growth in the number of students enrolled at the University
has pushed every member of the teaching force up to maximum work.
With the certain increase in numbers next year, it will be absolutely
necessary to employ additional instructors. The department of Geology
has been without a head since the death of Dr. Condon, two years ago,
owing to the lack of funds with which to pay salaries. Several depart-
ments are so badly overcrowded that they should be divided and new men
secured to take a part of the work.
OREGON LOWEST IN EQUIPMENT.
In the matter of equipment and buildings the University of Oregon is
also at the foot of the list. The total value of the land, buildings and
equipment at the University of Oregon is $350,000, as compared with
$500,000 at the University of Idaho, $360,000 at the University of Mon-
tana, $719,500 at the University of Utah, $514,000 at the University of
Colorado, and $5,641,000 at the University of California. The campus
of the University of Oregon contains but twenty-seven acres of land,
while the campus of the University of Washington contains 270 acres.
UNIVERSITY IS BADLY CRIPPLED.
The present condition of the University of Oregon is deplorable. ClasF-
rooms and laboratories are overcrowded, and no relief can be had without
new buildings. The woman's dormitory cannot be used because there is
no money with which to provide the heating plant, and the library build-
ing is wholly destitute of lights. During the months of October, Novem-
ber and December, 1907, the faculty of the University served without pay,
there being no money left in the treasury. Several members of the
faculty received flattering offers to go elsewhere, but out of loyalty to
the University and to the State, they declined these offers and remained.
These facts are injurious to Oregon's good name as an educational State,
and the conditions are unjust to the young men and women who are to
receive their education in Oregon.
28 Pamphlet Containing Measures to be
NEW SETTLERS DEMAND GOOD SCHOOLS.
The States of the Middle West from which Oregon is endeavoring to
attract immigration are appropriating large sums for their universities.
Iowa, for example, appropriated $583,566 for her university for the year
1907, and Kansas appropriated $367,500. Both these States are liberal
in the support of their agricultural colleges.
A veto of the Oregon appropriation by the voters of the State will
seriously injure the reputation of Oregon among the great common-
wealths of the Middle West. Sixty per cent of the students in the
Oregon high schools have entered the State from other States during the
past five years. These figui-es show plainly that settlers from the East
and Middle West expect Oregon to provide an efficient system of schools.
LOSS TO THE STATE THROUGH STUDENTS GOING ELSEWHERE.
At the present time more than 200 young men and women from the
State of Oregon are attending colleges in other States. The cost to each
of these students for travel, tuition and living is not less than $500 per
year (in many instances $1,000 per year), and in this way Oregon is
losing more than $100,000 each year. Worse still, she loses permanently
many of these most promising young men and women who go elsewhere
for their education. It is hard to estimate how much each of them might
be worth to Oregon. We are now sending to Washington and California
more than a hundred students, many of whom will locate in the State
where they receive their education. Let us build up in Oregon an insti-
tution equal to the best to be found anywhere, not only in order that wex
may keep at home the students who now go away, but also that we may
offer opportunities for the most thorough training to the boys and girls
who are unable to afford the expense of leaving their own State. They
can manage by industry to make their way through their own State
University, where no tuition is charged, but are absolutely barred by the
$500 to $800 required to go out of the State.
THE OPPORTUNITY OF THE POOR.
Poor and rich alike can share in the advantages offered by the State
University. Tuition is free, and the cost of living low. Any determined
young man or woman can hope to get a University education. A wide
field of opportunity is opened up by the training given at the State Uni-
versity. Statistics show that the earning powei-s are fully doubled, and
this is but a small part of the real gain. In a government by the whole
people, the training which will prepare for the highest positions ought to
be abundantly provided for the sons and daughters of all the people.
STUDENTS ARE SELF-SUPPORTING.
The students at the University of Oregon come from the common
people. Few of them have the means to pay tuition and attend the big
institutions of the East. Sixty-five per cent of the young men at Eugeno
are earning their own way, either wholly or partially, through college.
Submitted to Voters of Oregon June 1, 1908 29
Students have entered the University with less than $20.00 in money,
and yet have been able, through their own exertions, to work their way
through to graduation. Its students are in college because they want an
education. They are in earnest. They mean business. Why should they
not be given the facilities and opportunities that the young men and
women of other States are given?
UNIVERSITY A PART OF THE PUBLIC SCHOOL SYSTEM.
The states which support their universities most liberally are the
ones that have the strongest system of public schools; as for example,
California, Iowa, Wisconsin and Minnesota. A strong university is abso-
lutely necessary for a strong public school system, for the university is
nothing more or less than the head of the State's public schools. The
University of Oregon has exerted a strong influence over the public
school system of the State. More than 125 of its graduates are teaching
in the public schools and high schools of Oregon. Eighteen out of fifty
four young men and women who were graduated last June are now
teaching in the State's common schools and high schools. The demand
for well-trained teachers is three times as large as the supply. The in-
fluence of the University over the school system of the State will become
greater as the University becomes stronger.
It is absurd to say that the University appropriation stands in the way
of the development of the public schools. The cost of the University,
annually, to each person in the State is less than thirty cents, (^r) on the
basis of the appropriation of $125,000. The rate of the University tax
would be less than one-fourth of a mill.
UNIVERSITY SERVES ALL THE PEOPLE.
The aim of the University is to serve not only the students who are
within its walls for instruction, but also the people of the State at large.
To this end, correspondence courses have been established and instruction
is now being given to 250 students in every part of the State, who are not
able to attend the University.
The departments of Economics, Education, Mining and others have
responded loyally to the many calls made on them, and every department
in the University is constantly serving the State.
AMOUNT OF INCREASE IN APPROPRIATION.
The proposed appropriation of $125,000 will stand in lieu of the
present annual appropriation of $47,500 per year, and of all special ap-
propriations, such as have been made in the past. Special appropriations
were necessary at the session of the Legislature in 1903, and also in 1905.
The average amount provided by the State during the years of 1905 and
(g) This estimate is made on the basis of the census of 1900. On the
basis of the present population, the annual cost to each person in the
State will be less than twenty-five cents.
30 Pamphlet Containing Measures to be
1906 was $78,750 per year. The increase in the appropriation is from
this amount to the new appropriation of $125,000, or $46,250 per year.
f^OR WHAT NEEDED.
The estimate for the bare cost of maintenance (exclusive of buildings,
laboratory equipment and of books for library) is $80,000, on the most
economical basis.
New recitation buildings, now urgently need, will cost not less than
$50,000.
An adequate dormitory should be provided for the young women of
the University, costing approximately $40,000.
Additional land should be secured while it is available. An expendi
ture of from $15,000 to $25,000 for land at the present time would save
a much larger expenditure in the future.
A number of the departments are badly in need of modern laboratory
equipment. It will require at least $15,000 to put them in condition for
good work. The Library stands is need of $10,000 for books and general
equipment, to bring it up to the efficiency of even the smaller university
libraries.
The grounds, heating plant and furniture for new buildings will
require $15,000.
The needs above specified aggregate $155,000, enough to consume the
margin above cost of maintenance for at least three years, with all other
sources of revenue counted, and without making any allowance for in-
creased expenditures necessarily attendant on the rapidly increasing
number of students.
ADVANTAGES OF A CONTINUING APPROPRIATION,
The appropriation bill which is about to be voted upon provides for a
continuing appropriation. The proposed bill was modelled after the bill
which provides for a continuing appropriation at the Oregon Agricultural
College.
The continuing appropriation has been tried in other States, where
it has served to keep the universities fi*om political and other combina-
tions and complications in the State legislatures. It is now very gen-
erally accepted in principle.
WHY UNSEGREGATED.
If an appropriation is to be a continuing one, extending over a number
of years, it is obviously impossible to segregate it into separate funds for
maintenance, buildings and improvements, for the reason that the needs
of each year will differ from those of the preceding year as the University
grows in numbers and expands in its work. The maintenance side virill
inevitably grow larger as the enrollment of students increases. If the
University is to be freed from the necessity of going to the Legislature
every two years for special appropriations, the only possible method is '..o
leave the Board of Regents free to use the total resources of each year
to meet the need of the year as their best judgment may determine. The
Submitted to Voters of Oregon June 1, 1908 31
Board is composed of disinterested and representative citizens, living in
widely scattered sections of the State, who have no interest to serve but
that of the public welfare. They are more familiar with the needs of
the University each year than any one else can be and are better qualified
than any one else to make up the year's budget. Their bills all go
through the office of the Secretary of State, and they print annually for
general distribution a complete statement of all the University's financial
transactions.
TAX. BURDEN WILL NOT BE HEAVY.
If the appropriation bill becomes a law the amount of taxes required
to support the University will be less than twenty-five cents per year
for every one thousand dollars' worth of property and will grow less as
the value of the property in the State increases. The man who pays taxes
on $500 worth of property will pay twelve and one-half cents, per year,
for the support of the University. The man who pays taxes on $4,000
worth will pay one dollar. Are such amounts excessive, when it is pro-
posed to build up an institution where the sons and daughters of our
common people can receive the education which the times demand?
AN APPEAL TO VOTERS.
The Alumni of the University, in issuing this statement, have no
interest to serve but that of Oregon, They believe that the young men
and women of Oregon deserve educational advantages as good as those
enjoyed by the young men and women of other States. In full faith in
the intelligence and fairness of the voters of Oregon, they earnestly
appeal to their loyalty to the cause of education for a careful and
friendly consideration of the University's needs, and a conclusive majority
in favor of its adequate support.
C. N. McARTHUR,
ALLEN H. EATON,
L. R. ALDERMAN,
HOMER I. KEENEY,
HOMER D. ANGELL.
(Endorsed) —
Filed February 1, 1908.
F. W. Benson, Secretary of State.
32 Pamphlet Containing Measures to be
ARGUMENT
(negative)
SUBMITTED BY
EUGENE PALMER and CYRUS H. WALKER,
Special Committee of Linn County Council, Patrons of Husbandry,
opposing the measure designated on the official ballot as follows:
REFERENDUM ORDERED BY PETITION OF THE PEOPLE
An act to amend section 3529 of Bellinger & Cotton's
Annotated Codes and Statutes of Oregon by increas-
ing the annua! appropriation for the support and
maintenance of the University of Oregon. Vote YES or NO.
314. Yes.
315. No.
ARGUMENT
Presented by Linn County Cotincil, Patrons of Husbandry, opposing the
adoption of House Bill No. 37, increasing the appropriation from
$47,500.00 to $125,000.00 annually and perpetnally for the University
of Oregon.
Eugene Palmer and Cyuus H. Walker, Special Committee.
The people should vote "No" on this bill for the following
REASONS:
1. The University claims an increase of 23 per cent in students, yet
asks an increase in appropriation to nearly 300 per cent.
2. This bill was vetoed by the Governor on the ground that it was an
exce.ssive increase in the appropriation. The pretended tables set out in
the argument of the Alumni are incorrect in important particulars, and
contradict the report of President Campbell, which shows but 399 stu
dents enrolled in the University course. In figuring the cost of education
at Eugene per capita, they claim 600 students, and omit to show tnat
200 students in the law and medical departments at Portland only receive
$1,600.00 out of the appropriation. They also omit from the tables the
fact that the University receives $12,000.00 from interest-bearing funds
and registration fees. Figuring upon this basis, adding the $12,000.00,
deducting $1,600.00 for Law and Medicine, and dividing by 399 students
at Eugene, their "Table 1" would show $229.00 cost per year for each
Submitted to Voters of Oregon June 1, 1908 33
student instead of $133.00 as they claim, and "Table 2" would show
$339.00 cost for each student, instead of $208.00 as they claim.
3. They argue that "new settlers" will be deterred from coming to
Oregon if this appropriation be defeated. New settlers will be encour-
aged to come to Oregon when they learn that the appropriation was de-
feated because excessive.
4. If this appi'opriation be defeated the University will not suffer. It
will, according to its own statement, still have $60,000.00 per year, or
$150.00 per student, against a little over $8.00 per pupil in the common
schools. If more is needed for new buildings, etc., the next Legislature
can supply such additional funds as may be proper and not extravagant.
5. The University is not poor. Its students are not poor. They re-
cently employed a man to coach their football team, paying him $1,500.00
for a little more than two months "instruction," and boasted in the
Portland papers that it was the largest salary ever paid in the Northwest
to a football coach.
6. The University has 35 instructors for 399 students, an average of
one instructor for 11 students. If the appropriation be nearly trebled,
how many students will each professor then teach?
7. Before the University appropriation is increased, there should be
legislation fixing the courses of study in the Agricultural College and
the University, so as to avoid duplication, and requiring each institution
to do the work of the greatest value to the State at minimum cost.
8. This bill asks an increase from $47,500.00 to $125,000.00 per year.
If this enormous increase be granted it will encourage them to ask for
still more. It is history that educational institutions in Oregon, as soon
as they get one appropriation, hurry back to the next session of the
Legislature to ask for another. Their hands are always out.
9. We maintain that the AMERICAN COMMON SCHOOL is the
"head" of our educational system, rather than the University of Oregon.
We hold that it is much more important to provide better common and
high schools, available to all the youth of the State, than to grant the
unreasonable demands of tVe State University, the direct benefits of
which da not reach one-tenth of one per cent of the people of the State.
Less than five per cent of the pupils of the United States receive a uni-
versity education; less than eight per cent pass beyond the common
school course. In a great many outlying school districts in Oregon there
is not more than four months public school each year, because of lack of
money to pay teachers, and teachers are scarce because poorly paid. The
University professor is paid $2,000.00 per year, and the buildings are pro-
vided at State expense, while the school district must tax itself to provide
school buildings. The State money available for each pupil in the com-
mon school is little more than $8.00 per year. In this bill the University
asks $339.00 a year per student.
10. The University has shown bad faith in pushing this bill. They do
not clearly specify the purposes of the appropriation. They have twice
appealed to the courts upon technicalities — once to prevent the submis-
2
34 Pamphlet Containing Measures to be
sion of the bill to the people, in which they were defeated in the Supreme
Court, and again to prevent a plain statement of fact in the ballot title.
They now file an argument which is fallacious and misleading. It states
that the maintenance per year for the University of Idaho is $71,150.00,
but fails to explain that the appropriation is for a State University and
Agricultural College combined. In the statement that Washington ap-
propriated $600,000.00 for new buildings, they omit to state that these
buildings are for the Yukon Fair, to be afterwards turned over to the
University. A university supported by the people ought to set an ex-
ample of fairness, and by example, as well as precept, teach civic honesty.
11. Too much of the mechanical and technical engineering of the Agri-
cultural College is being duplicated at the State University. It will cost
$150,000.00 to completely equip this department. There is no common
sense reason why the State should maintain two costly plants for this
special work in the western part of the State, and less than fifty miles
apart. Fully 25 per cent of the students at the University are engaged
in this duplicate work.
12. They built a girls' dormitory in 1906 at a cost of $5,000.00 and
now ask for another at a cost of $40,000.00. They announce their inten-
tion of buying 20 acres of land at $25,000.00, or $1,250.00 per acre.
University professors on large salaries get extravagant ideas.
1.3. Very many people believe that those few who receive university
educations should pay, at least in part, for it; for they who have relied
on the State for education, and indirectly for support, up to manhood
and womanhood, will be very much disposed to lean on the State all their
lives. Upon this theory a tuition fee is charged at the Universities of
Minnesota, Michigan, Pennsylvania, and other best knovra State univer-
sities. The largest tuition charges at any independent college in Oregon
is $51.00. The salaries of teachers are about 50 per cent greater at the
University of Oregon than at the independent colleges. The classes at
the independent colleges are much larger, each teacher handling about
double the number of students. Regardless of the tuition charged, there
are 265 students enrolled at Pacific University, 175 at McMinnville Col-
lege, 342 at Willamette University, and more than 100 at Albany College,
as well as large enrollments at Columbia University, Mount Angel Col-
lege, Pacific College at Newberg, Philomath College, Dallas College and
others, estimated at more than four times the enrollment at the State
University. Expenses to students at these colleges, including tuition, do
not exceed the expenses at the University of Oregon. Incidentally, in the
competition of 1907 for the Rhodes scholarship, a student of one of the
above independent colleges defeated the students of the University of
Oregon, and won the prize. It is also a fact that eight States in the
Union (including New York and New Jersey) have no State universi-
ties. Oregon, with two exceptions, has more normal schools in propor-
tion to population, than any State in the Union. These facts seem to
refute the assertion that Oregon is not keeping pace vdth other States
in higher education.
Submitted to Voters of Oregon June 1, 1908 35
14. The school influence controlled the organization of the Legislature
for 1907 so completely as to have a clear majority in the Ways and
Means Committees and the Committees on Education in both houses.
These committees approved everything asked for State schools and rec-
ommended the passage of appropriations amounting to more than $800,-
000.00. These proposed appropriations were reduced about $200,000.00
by the Legislature, but no r.eduction was made on the amount for the
State University while appropriations for all other State schools were
scaled down. The school influence has dominated and controlled all re-
cent sessions of the Legislature. It has been so strong that all political
parties have been subservient to it, and little legislation has been ac-
complished except by its consent; and the price of its consent has been
these extravagant appropriations for State schools.
If this bill be allowed to pass, the University will use the fact as a
club in demanding further appropriations from future legislatures. If,
on the other hand, the bill be defeated, the people will thereby express a
protest against extravagance, and only reasonable appropriations will
be made hereafter.
Relying upon the intelligence, integrity and good judgment of the
common people of Oregon, we most respectfully submit our cause, with
full confidence that they will reject this measure at the coming June
election by voting "No."
EUGENE PALMER,
CYRUS H. WALKER,
Special Committee of Linn County Council, Patrons of Husbandry.
(Endorsed) — ,
Filed February 24, 1908.
F. W. Benson, Secretary of State.
36 Pamphlet Containing Measures to be
AN AMENDMENT
TO THE
constitution of the state of oregon
to be submitted to the legal electors of the state of
Oregon for their approval or rejection
AT THE
REGULAR GENERAL ELECTION
TO BE HELD
On the First Day of June. 1908,
TO AMEND
Section 2 of Article II
By initiative petition filed in the office of the Secretary of State, January
15, 1908, in accordance with the provisions of Chapter
226, General Laws of Oregon, 1907.
Printed in pursuance of Section 8 of Chapter 226, Laws of 1907.
Secretary of State.
The following is the form and number in which the question will be
printed on the official ballot:
PROPOSED BY INITIATIVE PETITION
For equal suffrage constitutional amendment, per-
mitting women to vote on equal terms with men. Vote YES or NO.
316. Yes.
317. No.
Submitted to Voters of Oregon June 1, 1908 37
[On Official Ballot, Nos. 316 and 317.]
WOMAN SUFFRAGE AMENDMENT.
Section 2 of Article II of the Constitution of the State of Oregon shall
be and hereby is amended to read as follows:
Section 2. In all elections not otherwise provided for by this Con-
stitution, every citizen of the United States, of the age of twenty-one
years and upwards, who shall have resided in the State during the six
months immediately preceding such election, and every person of foreign
birth of the age of twenty-one years and upwards, who shall have residpd
in this State during the six months immediately preceding such election,
and shall have declared his intention to become a citizen of the United
States one year preceding such election, conformably to the laws of the
United States on the subject of naturalization, shall be entitled to vote
at all elections authorized by law; it is expressly provided hereby that no
•one shall be denied the right to vote on account of sex.
38 Pamphlet Containing Measures to be
ARGUMENT
(affirmative)
SUBMITTED BY
THE OREGON STATE EQUAL SUFFRAGE ASSOCIATION
in favor of the measure designated on the official ballot, as follows:
PROPOSED BY INITIATIVE PETITION
For equal suffrage constitutional amendment, per-
mitting women to vote on equal terms with men. Vote YES or NO.
316. Yes.
317. No.
AN OPEN LETTER.
To Every Liberty-Loving Voter of Oregon, Greeting:
The undersigned, representing, as we believe, the large majority of the
women of Oregon, are happy to embrace this opportunity, accorded to us
through your initiative petitions, to lay before you a few of our many
reasons for believing you will be as proud to extend to us, at the coming
June election, your courteous invitation to join you in full and free pos-
session of the elective franchise, as were the gallant men of Wyoming,^
Colorado, Idaho and Utah, who bestowed full rights of citizenship, almost
without solicitation, upon every law-abiding woman within their borders.
This movement, which began in Oregon in 1871, grew so rapidly, under
guidance of pioneer men and women and public-spirited law-makers, that
the Legislative Assembly enacted, in autumn of 1872, a married woman's
sole trader bill, enabling a wife to hold her own earnings, if necessary, as
her own property, by registering her intention with the county court.
Stimulated by this small beginning, the growth of public sentiment in
favor of equal property rights for women has placed Oregon women far
in advance, as self-earning property-holders, of women of any other State-
in the Union, except the four States wherein they already vote.
But, although we are taxpayers, we are not yet full-fledged voters.
This handicap brings the wage earnings of women into ruinous compe-
tition with wage-earning voters, and is a disability from which we be-
lieve you will be glad to relieve us by your votes next June, in the inter-
est of both halves of the people.
This movement grew from the small beginning in 1872, above noted^.
until the year 1884, when your representatives submitted for us, by legis-
lative enactment, a constitutional amendment at the State election of that
year, which brought us 11,223 votes. Our proposed amendment was again
submitted to a vote of one-half of the people in the year 1900, and the
"yes" vote had by that time grown to 26,265. The amendment was again
submitted (always by men) in 1906, and the "yes" vote rose to 36,902.
For causes that are wholly eliminated from the present campaign
Submitted to Voters of Oregon June 1, 1908 39
(and we hope from all future State campaigns for equal rights, and,
therefore, need not be explained in this letter) the "no" vote of 1906 was
for the first time proportionately increased, but the readiness with which
men have responded with their signatures to the large initiative petitions,
through which you have reopened our case, is an assurance to us of your
success in our behalf at the June election of 1908, for which we are patri-
otically expectant and profoundly grateful in advance.
If any of you say you are weary of this agitation, we answer in all
seriousness, so are we. So weary are we that we believe you will, in
mercy, not compel us to repeat this struggle in the year 1910, as we
surely must if you fail us this time.
If there shall yet remain a few women who should attempt to repeat
their former protest in this pamphlet against equal rights for other wom-
en, of which they are unable or unwilling, from their viewpoint, to see the
need, we trust your practical good sense to prove to them through your
affirmative votes in our behalf that our enfranchisement, while enlarging
our opportunities, will in no way encroach upon their rights or liberties.
If any man objects to extending to his wife and mother the power of
the ballot from the fear that if they become his equals they will neglect
or forsake the home, we shall depend upon you to divert his mind from
such a fallacy, by recalling the fact that the home instinct is inherent in
woman, and cannot be created or destroyed by laws of men's or women's
making. If he does not know, of his own accord, that there are many
hundreds of men and women in Oregon, who could not have the semblance
of a home to keep, under present industrial conditions, if women did not
go outside to earn or help to earn the means to rent or support a home
in ruinous competition with ballotted men, just let him alone; his delusion
is chronic, and he is past recovery.
This movement for the enfranchisement of your closest friends, the
mother-half of the people of Oregon, is wholly non-partisan, non-sectarian
and non-political. We are not seeking to make laws to govern men. We
believe as implicitly in men's fundamental right to self-government as in
our own, and we are awaiting your invitation, through the ballot box, to
the possession of our inalienable right to equality with you before the
law, which we prize for the same reasons that you prize it, and we believe
it will be a pleasure to you to bestow it upon us exactly as it would be
our pleasure to extend it to you under reversed conditions.
Abigail Scott Duniway,
President Oregon State Equal Suffrage Association.
Mrs. Henry Waldo Coe, Honorary President.
Mrs. Elizabeth Lord, Vice-President.
Mrs. C. M. Cartwright, Second Vice-President.
Sarah A. Evans, Member of National Exec. Comm.
Miss Elma Buckman, Recording Secretary.
Mrs. W. E. Potter, Treasurer.
Mrs. A. BoNHAM, Financial Secretary.
Myrtle E. Pease, Corresponding Secretary.
Mrs. Elizabeth Eggert, First Auditor.
Martha Dalton, Second Auditor.
Mrs. Imogene Bath, Third Auditor.
list of vice-presidents by counties.
Baker, Mrs. Harvey K. Brown; Benton, Prof. Helen Crawford; Clacka-
mas, Mrs. Eva Emery Dye; Clatsop, Mrs. J. H. Trullinger; Columbia,
40
Pamphlet Containing Measures to be
Mrs. E. H. Flagg; Coos, Mrs. Henry Sengstacken; Crook, Mrs. Ada
Millican; Curry, Mrs. H. A. Stewart; Douglas, Mrs. Ida Marsters;
Gilliam, Mrs. Clay Clark; Grant, Mrs. Ida Niven; Harney, Mrs. Frank
Davey; Jackson, Mrs. Hattie S. Day; Josephine, Mrs. L. L. Mangum;
Klamath, Mrs. O. C. Applegate; Lake, Mrs. C. U. Snider; Lane, Mrs.
Minnie Washburne; Lincoln, Mrs. R. A. Bensell; Linn, Dr. Anna B.
Reed; Malheur, Miss Tina Chambers; Marion, Mrs. Clara H. Waldo;
Morrow, Mrs. Florence Whitehead; Multnomah, Mrs. C. M. Cartwright;
Polk, Mrs. Walter L. Tooze; Sherman, Mrs. Ella Slayback; Tillamook,
Mrs. Emma Morrison; Umatilla, Mrs. S. A. Lowell; Union, Mrs. Minerva
B. Eaton; Wallowa, Mrs. Elizabeth Oakes; Wasco, Mrs. Elizabeth Lord;
Washington, Mrs. Imogene Bath; Yamhill, Mrs. Emma Galloway;
Wheeler, Mrs. J. S. Stewart.
IN BEHALF OF EQUAL SUFFRAGE AMENDMENT.
No reason can be given for man suffrage that cannot be
urged with equal force in favor of woman suffrage. — The
late U. S. Senator J. N. Dolph.
I have nothing but words of commendation and praise
for equal suffrage, and will gladly welcome the day when
women are permitted to vote in all of the different States
and territories, and at all elections. — Governor Frank^R.
Gooding of Idaho.
I hope that this State will give women the ballot, and
I hope that every State will do it. — Geo. E. Chamberlain,
Governor of Oregon.
Bad women do not exert an appreciable influence in
politics. The fact that women vote in Wyoming does not
interfere in any way with home duties, nor with the pleas-
ant relationships of family life. — Bryant E. Brooks, Gov-
ernor of Wyoming.
The salvation of this Republic depends upon the en-
franchisement of its mothers. — The late W. S. Ladd.
This demand for the enfranchisement of women is
right. It is just. No man has any right to vote against it.
— Jcffemon Myers.
I believe the enfranchisement of women will elevate the
standard of citizenship. — Colonel R. A. Miller.
I am naturally conservative, but I advocate woman
suffrage because it is i-ight. — The late Solomon Hirsch.
One of the great advantages which has come to us from
woman suffrage is the fear on the part of the machine
politicians to nominate for public office men of immoral
character, or to defeat those who have maintained a repu-
tation for honesty and decency. — Judge B. F. Lindsay of
Colorado.
Submitted to Voters of Oregon June 1, 1908
41
I go for all sharing the privileges of the government
who assist in bearing its burdens, BY NO MEANS excluding
WOMEN. Abraham Lincoln.
Over and above all, suffrage is the woman's right, and
no fair, just man will deny her that right. While we may
defend equal suffrage upon the ground of expediency, it
is not a question of expediency, but of justice. — Ex-Gov-
ernor Alva Adajns of Colorado.
I do not in the least believe in the patient Griselda
type of woman. * * * j believe in the woman's keep-
ing her self-respect, just as I believe in the man's doing
so. I believe in her rights just as much as I believe in the
man's and, indeed, a little more. * * * No family can
become all it should be if the mother does not keep in touch
sufficiently vdth outside interests and what is going on in
the world to become an intellectual stimulus to her child-
ren. — Theodore Roosevelt.
I look for and earnestly desire the enfranchisement of
the women of Oregon at the June election of 1908. — U. S.
Senator Jonathan Bourne.
The fact is, and can readily be verified, that the ad-
vent of women into the political arena has had the effect
of raising the moral standard to a much higher degree
than it was before. — Governor Jesse T. McDonald of
Colorado.
The moral delinquencies from which many men suffer
may be traced to the disfranchisement and consequent
moral irresponsibility of mothers. — The late U. S. Senator
John H. Mitchell.
Utah has been an equal suffrage State ever since state-
hood was granted, and my observation has led me to be-
lieve that the results of giving the franchise to the women
have been beneficial. — Governor John C. Cutler.
I have always assisted the women of Oregon in their
efforts to secure the ballot. Of course women should vote.
—U. S. Senator C. W. Fulton.
The right of suffrage should be denied to no citizen,
save as punishment for crime. * * * j favor equal
suffrage, not only as a matter of justice, but as a moral
and educational force in the nation. — Willis S. Duniway.
I congratulate the women of Oregon, and anticipate
success for them in the present equal suffrage campaign. —
John Barrett, President of Bureau of South American Re-
publics.
Every man ought to be ashamed to oppose equal rights
with himself for his wife and mother at the ballot box or
anywhere else. — Dr. Henry Waldo Coe.
(Endorsed) —
Filed February 3, 1908.
F. W. Benson, Secretary of State.
42 Pamphlet Containing Measures to be
ARGUMENT
(negative)
SUBMITTED BY
THE OREGON STATE ASSOCIATION OPPOSED TO THE
EXTENSION OF THE SUFFRAGE TO WOMEN,
opposing the measure designated on the official ballot as follows:
PROPOSED BY INITIATIVE PETITION
For equal suffrage constitutional amendment, per-
mitting women to vote on equal terms with men. Vote YES or NO.
316. Yes.
317. No.
AN APPEAL TO VOTERS.
Shall I vote to give the ballot to every woman in Oregon?
Three times that question has come before you. Three times you
have answered "no." Only two years ago you said "no" by a majority
of 10,173 votes, and yet once again it is forced upon you.
After so large and decisive a vote against woman suffrage, the State
might be supposed to have expressed its opinion with sufficient force so
that it might stand for a few years as the will of the people, but the
suffragists are once more active. Two years ago a blatant campaign
was waged, supported by thousands of dollars from the National Suffrage
Association and engineered by professional agitators from all over the
country. This time the attack upon the home women of Oregon is being
made in a different way. As the initiative and referendum requires only
a majority of those voting upon a subject to make it a law, the suffrag-
ists are hoping to steal a march upon their opponents and so win by
stealth when noise did not avail. But the clamor of two years ago, the
suffragette riots in England, and the recent turbulent performances in
New York are too clear in the minds of all to make the present tactics
deceptive, and we who oppose the movement in Oregon beg you to vote
against it.
We asked you before to represent the opinions of the women you know
and respect. Your action justified our belief in the conservative thought-
fulness of Oregon women. We are forced once more to appeal to you to
protect us from this burden which we believe would be not a benefit but
an affliction both to woman and to the State.
We, American women, citizens of the State of Oregon, protest
Submitted to Voters of Oregon June 1, 1908 43
against the proposal to impose the obligation of suffrage upon the women
of this State, for the following, among other, reasons:
1. Because suffrage is to be regarded not as a privilege to be enjoyed,
but as a duty to be performed.
2. Because hitherto the women of this State have enjoyed exemption
from this burdensome duty, and no adequate reason has been assigned
for depriving them of that immunity.
3. Because conferring suffrage upon the women who claim it would
impose suffrage upon the many women who neither desire it as a privilege
nor regard it their duty to seek it.
4. Because the need of America is not an increased quantity, but an
improved quality of the vote, and there is no adequate reason to believe
that woman's suffrage by doubling the vote will improve its quality.
5. Because the household, not the individual, is the unit of the State,
and the vast majority of women are represented by household suffrage.
6. Because the women not so represented suffer no practical injustice
which giving the suffrage will remedy.
7. Because equality in character does not imply similarity in function,
and the duties and life of men and women are divinely ordered to be
different in the State, as in the home.
8. Because the energies of women are engrossed by their present
duties and intei-ests, from which men cannot relieve them, and it is
better for the community that they devote their energies to the more
efficient performance of their present work than divert them to new
fields of activity.
9. Because political equality will deprive woman of special privileges
hitherto accorded her by the law.
10. Because suffrage logically involves the holding of public office,
including jury duty, and office-holding is inconsistent with the duties of
most women.
OREGON STATE ASSOCIATION OPPOSED TO THE
EXTENSION OF THE SUFFRAGE TO WOMEN.
Mrs. R. W. Wilbur, Portland Mrs. F. M. Wilkins, Eugene
Miss Eleanor E. Gile, Portland Mrs. Thomas Thompson,
Mrs. F. M. Warren, Portland Pendleton
Mrs. A. E. Rockey, Portland Mrs. J. N. Lane, Pendleton
Mrs. Herbert Holman, Portland Mrs. E. L. Marshall, Pendleton
Mrs. Elizabeth B. Hamilton, Mrs. R. E. Norton, Pendleton
Portland Mrs. F. J. Bailey, Hillsboro
Mrs. Perry H. Raymond, Salem Mrs. W. R. Yockey, Ashland
Mrs. Thomas C gates, Tillamook Mrs. George Flavel, Astoria
Mrs. J. H. Templeton, Prineville Mrs. F. E. Harlow, Troutdale
Mrs. W. A. Howe, Carlton Mrs. L. Gerlinger, Dallas.
(Endorsed) —
Filed February 24, 1908.
F. W. Benson, Secretary of State.
44 Pamphlet Containing Measures to be
A BILL
to be submitted to the legal electors of the state of
Oregon for their approval or rejection
AT THE
REGULAR general ELECTION
TO BE HELD
On the First Day of June, 1908,
To propose by initiative petition a law to protect salmon and sturgeon in
the waters of the Columbia River and its tributaries, and in the Sandy
River, within the boundaries of the State of Oregon, and in all waters
over which the State of Oregon has jurisdiction, and prescribing u
penalty for a violation of the law.
By initiative petition filed in the office of the Secretary of State, January
27, 1908, in accordance with the provisions of Chapter
226, General Laws of Oregon, 1907.
Printed in pursuance of Section 8 of Chapter 226, Laws of 1907.
Secretary of State.
The following is the form and number in which the question will be
printed on the official ballot:
PROPOSED BY initiative PETITION
For an act prohibiting fishing for salmon or sturgeon
on Sunday from January first to October first, also
in the Columbia River only from October first to
December thirty-first, also in the navigable chan-
nels of Columbia River at night, also at any time in
Sandy River and in Columbia River west of west
line of range nine west, near Astoria, and east of
west line of range sixteen east, near Celilo, and
limiting seines anywhere in the State to one hun-
dred and fifty fathoms long and four and one-sixth
fathoms deep, and providing penalties. Vote YES or NO.
318. Yes.
319. No.
Submitted to Voters of Oregon June 1, 1908 45
[On Official Ballot, Nos. 318 and 319.]
A BILL
To propose by initiative petition a law to protect salmon and sturgeon in
the waters of the Columbia River and its tributaries, and in the Sandy
River, within the boundaries of the State of Oregon, and in all waters
over which the State of Oregon has jurisdiction, and prescribing a
penalty for a violation of the law.
Be it enacted by the people of the State of Oregon:
Section 1. That from and after September 10, 1908, it shall be
unlawful for any person or persons to cast, drift or haul any net, seine
or other device to catch, fish for, or pursue salmon or sturgeon in any of
the channels used for commercial navigation by licensed vessels in the
Columbia River, within the boundaries of the State of Oregon, or in any
of such waters over which the State of Oregon has jurisdiction, between
one hour after sunset of any day, and one hour before sunrise of the
following day.
Section 2. That from and after September 10, 1908, it shall be
unlawful to take, catch, fish for, or pursue salmon or sturgeon in the
waters of the Columbia River within the boundaries of the State of
Oregon, or in any of said waters over which the State of Oregon has
jurisdiction, between the first day of October and the thirty-first day
of December of each year.
Section 3. That from and after September 10, 1908, it shall be
unlawful to take, catch, fish for, or pursue salmon or sturgeon in any of
the waters of the Sandy River above its mouth, or in any portion of the
Columbia River within the boundaries of the State of Oregon, or in any
portion of said Columbia River over which the State of Oregon has juris-
diction, except that portion of such Columbia River lying between the
west boundary or the northerly prolongation thereof of Township eight
(8) north. Range nine (9) west, of the Willamette Meridian, and the
west boundary or the northerly prolongation thereof of Township two
(2) north. Range sixteen (16) east, of the Willamette Meridian.
Section 4. That from and after September 10, 1908, it shall be unlaw-
ful in the waters of the Columbia River, within the boundaries of the
State of Oregon, or any other waters of the State of Oregon, or in any
other waters over which the State of Oregon has jurisdiction, to use or
employ, for the purpose of taking, catching or pursuing salmon or
sturgeon, any seine, drift net or other net or device of greater length
than one hundred and fifty (150) fathoms or of greater depth than four
and one-sixth (4 1-6) fathoms.
Section 5. That from and after September 10, 1908, it shall be unlaw7
ful to take, catch, fish for, or pursue salmon or sturgeon in the Columbia
River within the boundaries of the State of Oregon, or in any other
waters in the State of Oregon or over which the State of Oregon has
46 Pamphlet Containing Measures to be
jurisdiction, between the hours of six o'clock p. M. of Saturday and six
o'clock p. M. of Sunday from January 1st to October 1st next following of
each year.
Section 6. Wherever the word "salmon" is used in this law, the same
shall be deemed and held to include Chinook, Steelheads, Bluebacks, Sil-
versides and all other anadromous species of salmon.
Section 7. Wherever the words "person" or "persons" are used in
this act, they shall be deemed to include not only individuals, but firms,
companies and corporations of every kind, character and description.
Section 8. That every person, firm, company or corporation violating
any provision of this law shall be deemed guilty of a misdemeanor, and
upon conviction thereof shall be punished by a fine of not less than Fifty
Dollars nor more than Five Hundred Dollars, or by imprisonment in the
county jail for not less than twenty days, nor more than two hundred
days, or by both such fine and imprisonment.
Section 9. All acts and parts of acts in conflict herewith are hereby
repealed.
Submitted to Voters of Oregon June 1, 1908 47
ARGUMENT
(affirmative)
SUBMITTED BY
H. A. WEBSTER, formerly Deputy Fish Warden, State of Oregon,
in favor of the measure designated on the official ballot, as follows:
PROPOSED BY INITIATIVE PETITION
For an act prohibiting fishing for salmon or sturgeon
on Sunday from January first to October first, also
in the Columbia River only from October first to
December thirty-first, also in the navigable chan-
nels of Columbia River at night, also at any time in
Sandy River and in Columbia River west of west
line of range nine west, near Astoria, and east of
west line of range sixteen east, near Celilo, and
limiting seines anywhere in the State to one hun-
dred and fifty fathoms long and four and one-sixth
fathoms deep, and providing penalties. Vote YES or NO.
318. Yes.
319. No.
A BILL
To propose by initiative petition a law to protect salmon and sturgeon in
the waters of the Columbia River and its tributaries, and in the Sandy
River, within the boundaries of the State of Oregon, and in all waters
over which the State of Oregon has jurisdiction, and prescribing a
penalty for a violation of the law. Filed January 27th, 1908, by Mr.
H. A. Webster.
"CANNED FISH WON'T SPAWN.
"Every salmon would not satisfy the greed that pursues them. Some
fish must escape if any new ones are to take the place of those in cans.
"THE GRAB MUST CEASE,
else by and by it will destroy the salmon. The tale of the goose and
the golden egg is the point." — Oregonian.
In offering this bill to the people of the State of Oregon the author
(for many years officially connected with the fisheries department of this
48 Pamphlet Containing Measures to be
State) has striven to embody the results of his investigations and the
recommendations of the most eminent authorities in the country.
The object of the proposed law is to replete a dwindling industry by
checking the destruction of salmon, wrought by the various appliances.
This bill will place limits on all classes of fishing gear without discrimi-
nating for or against any. Commercial greed has brought the noble
Chinook, worth millions to our State, to deplorable plight. So many fish
are caught that not enough now escape for purpose of propagation; the
hatcheries, paid for at big expense by taxpayers, are in some places
closed and in others almost idle. Meanwhile the industry wanes. At
present, there is practically no protection under the law; the closed
Sunday has been abolished and the open season lengthened again and
again, until now salmon are caught just as long as the fishermen desire
to take them. These conditions are self-evident; authorities are agreed;
the decline would prove it were there any dispute. The situation is best
expressed by that great authority, Dr. Livingston Stone, U. S. Depart-
ment of Fisheries, who says:
"Consider for a moment what the salmon has done for us, and then
think how mercilessly we have treated him. Our salmon has been to us
a source of national revenue, enjoyment, and pride, and what return
have we meted out to him? He has been hunted pitilessly with hooks
and spears, with all kinds of nets and pounds, with wheels and guns and
dynamite, and there is not a cubic foot of water in the whole country
where he can rest in safety. The moment he comes in from the ocean
he meets the gill nets and the pounds at the mouth of the river, the
sweep seines further up, the hook everywhere, and at last on his breeding-
grounds, which at least ought to be sacred to him, he encounters the
pitchforks of the white man and the spears of the Indian."
Relief must now be prompt if we would have a worthy inheritance to
bequeath lo our children. ^
The purposes of the bill are five in number and five only.
First: Prohibit fishing on the Columbia River bar in order to allow
unobstructed entrance of salmon to the river. (Section 3.)
Second: Restrict size of all kinds of gear so as to diminish their
destructiveness. (Section 4.)
Third: Keep navigation channels in the Columbia River open at
night, so as to afford fish a four to six-hour respite, every twenty-four
hours, in this immediate narrow strip of a wide river. (Section 1.)
Fourth: Lengthen closed seasons on the Columbia River so as to
allow more fish to reach hatcheries. (Section 2.)
Fifth: Establish closed Sundays so as to save one-seventh of the
salmon supply for propagation. (Section 5.)
BAR FISHING ON THE COLUMBIA RIVER.
Common sense would not prompt you to drive cattle through a closed
gate. Section 3 of this bill aims to open the gate or at least to leave it
somewhat ajar. Bar fishing at the mouth of the Columbia is one of the
greatest menaces imaginable to the perpetuity of the fishing industry.
Submitted to Voters of Oregon June 1, 1908 49
to say nothing of involving a needless loss of life. By it fish are kept
in the open sea long after the time appointed by nature for their entrance
to fresh v^ater. A few quotations should convince:
"Bar net fishing should be prohibited below a line inside and near the
mouth of the river. The prevention of gill-net fishing near and on the
bar would result in a saving of life. Some twenty to sixty fishermen are
drowned there each year." — Chas. F. Powell, Captain of Engineers, 1887.
"A restriction should be placed upon fishing too close to the entrance
from the sea. The fish should be allowed to get well inside before attack-
ing them." — Major Jones' Report to War Department, 1887.
"I think it is essential for the welfare of this industry, that no fishing
be allowed at or near the mouth of the river, and the salmon be given all
the opportunity possible of getting into the river before it is lawful to
take them." — Oregon Fish Commissioner, 1905.
"I am also of the opinion that fishing should be prohibited below Sand
Island at all times." — Senator Chas. W. Fulton, January, 1907.
RESTRICT GEAR.
Shorten the lengths of all fishing gear. Marshall McDonald, U. S.
Fish Commissioner, 1894, says: "It is indeed a matter of surprise that
any salmon have been able to elude the labyrinth of nets which bar their
course to the upper Columbia. It is hardly an exaggeration to state that
the entire volume of this great river is strained through the meshes of
the innumerable nets which occupy and obstruct every passageway to the
spawning-grounds."
The Washington Special Committee, 1899, says: "Nets must be reg-
ulated."
The Joint International Committee, Washington and British Columbia,
agree that 150 fathoms should be the extreme length.
The U. S. Fish Commissioner, in a letter to Secretary Strauss, written
January 10th, 1907, says: "No one familiar with the situation can fail
to appreciate the menace to the perpetuity of the industry that is furn-
ished by the concentration of a tremendous amount of fixed and floating
apparatus of capture in and near the mouth of the river. This apparatus
comprises about 400 pound nets or traps, over eighty long sweep seines,
and more than 2,200 gill nets, the last having an aggregate approximate
length of over 570 miles."
Digest these recommendations and then go measure off 150 fathoms,
900 feet, four and one-half city blocks, and twenty-five feet deep. Does
that seem long enough to allow? Perhaps when you figure that after all
gear is limited as proposed and you realize that over 470 miles of it is
still left, you will agree that the request is not unreasonable.
CHANNEL FISHING ON THE COLUMBIA RIVER.
In a river varying in width from one to eleven miles, the reservation
of a channel from one hundred to four hundred feet wide, from one hour
after sunset to one hour before sunrise, is asked. When there is such a
wide expanse of river remaining, is this narrow strip too much to ask
either for the preservation of the fish or for the still more paramount
50 Pamphlet Containing Measures to be
safety to navigation? If you don't care a rap for the fish, would it not
be well to relieve the lives and property, constantly afloat, from the
chances of delay and destruction offered by the nightly invasion of
navigation courses by miles of fishing gear? Refer to the Report of
Capt. Chas. Powell, U. S. Engineers; read what the Special Senate
Committee, State of Washington, 1899, says, or look over the complaints
of ship-masters whose pilot-houses bear the marks of intimidating bullets
fired by fishermen occupying the channels, or ask the captains whose
vessels have drifted helpless for hours with nets in their wheels. Bear
in mind, however, that the purpose of this bill is the protection of salmon
by keeping this very narrow channel open for free passage of salmon
between four and six hours in every twenty-four. Many salmon will then
escape appliances, which if operating without cessation, would catch
them. This will increase the number of salmon reaching the hatcheries
and enable the plants now idle to resume propagation. The proposed
law will not restrict channel fishing in daylight; the restriction applies
to the night period because navigation interests will be conserved at the
same time. The War Department now has the matter under investiga-
tion. Reasonable action must be taken by the State or extreme action
will likely be taken by the National Government.
CLOSE SEASONS ON THE COLUMBIA RIVER,
A close season from October 1st to December 31st of each year is
desired. This is the main breeding season of our salmon. Our State
allows game a respite from pursuit in which they can rear their young;
should not our salmon have an equal chance? If you have doubts refer
to the recommendations of any of the following authorities:
"Close seasons should be extended." — Oregon Special Legislative Com*
mittee, 1889.
"Contraction of open season for salmon and enforcement of Sunday
Law." — Report Commissioner McGwire, 1897-8.
"Open seasons should be contracted."- — Report Oregon Commissioner,
1901.
"Shorten open season." — Fish Commissioner, Washington, 1906.
"Failure of salmon to appear on spawning beds due to lack close sea-
son." — C. Wallich, U. S. Fish Commissioner, 1905.
"Shortening open season." — Joint Committee, Oregon and Washing-
ton, 1907.
"Provide adequate close seasons." — U. S. Bureau Fisheries, 1907.
And after reading decide. You accord all other animals relief at
this most important time of life, why then not the salmon?
SUNDAY CLOSE SEASON.
This section hardly needs argument. After relentless pursuit for six
days, surely salmon should be allowed one day of free passage to the
spawning grounds. Saturday 6 p. M. to Sunday 6 p. M. This means that
for twenty-four hours each week, one-seventh of all the time, all gear at
Submitted to Voters of Oregon June 1, 1908 51
every point is absolutely out of the way and free and unrestricted passage
allowed. Authorities are so unanimous on this subject that reference
only need be given to —
Major Jones' Report to Secretary of War, 1887.
Report Oregon Special Committee, 1889.
Report U. S. Commissioner McDonald, 1894.
Report Oregon Fish Commissioner, 1901.
International Commission, Washington and British Columbia, 1905.
J. L. Riseland, Fish Commissioner, Washington, 1906.
Report Joint Committee, Oregon and Washington, 1907.
Opinion Superintendent Crawford, Washington, 1907.
Secretary Strauss, U. S. Department Commerce and Labor, 1907.
The author feels that this bill carries nothing unreasonable; it seeks
to regulate, not destroy, either industry or property. It places the
burdens equally on all classes of gear and all people from one end of the
river to the other. When authorities are so unanimous and some even
go so far as to advocate an entire cessation of operations for a year or
more, the recommendations of this bill will be conceded to be moderate,
and I feel that a consideration of its merits will surely win your earnest
and hearty approval and support.
Respectfully submitted,
H. A. WEBSTER,
Formerly Deputy Fish Warden, State of Oregon.
(Endorsed) —
Filed February 1, 1908.
F. W. Benson, Secretary of State.
52 Pamphlet Containing Measures to be
ARGUMENT
(negative)
SUBMITTED BY
H. M. LORNTSEN,
Secretary Columbia River Salmon Protective Association,
opposing the measure designated on the official ballot as follows:
PROPOSED BY INITIATIVE PETITION
For an act prohibiting fishing for salmon or sturgeon
on Sunday from January first to October first, also
in the Columbia River only from October first to De-
cember thirty-first, also in the navigable channels
of Columbia River at night, also at any time in
Sandy River and in Columbia River west of west line
of range nine west, near Astoria, and east of west
line of range sixteen east, near Celilo, and limiting
seines anywhere in the State to one hundred and
fifty fathoms long and four and one-sixth fathoms
deep.
and providing penalties.
Vote YES or NO.
318.
Yes.
V
319.
No.
ARGUMENT AGAINST INITIATIVE BILL NO. 318.
This bill, while pretending to be for the protection of the salmon of
the Columbia, is a bill which the few wealthy fishwheel owners of the
upper Columbia are presenting to the voters in an endeavor to retain the
unfair and destructive monopoly of catching salmon with fishwheels in
the narrows and at the falls of the upper Columbia.
The initiative petitions for this bill were started after the Columbia
River Salmon Protective Association was organized for the purpose of
stopping fishing for salmon in the Columbia at head of tide; that is,
where the river becomes so narrow that the fishwheels catch nearly
every salmon that reaches these narrows and falls.
The fishwheel owners, realizing that throughout the State the senti-
ment for bona fide salmon protective legislation was growing, got up this
trick bill for the simple purpose of confusing the voters.
None of the fishwheel owners cared to openly associate their names
with this intended imposition upon the people. They evidently could not
Submitted to Voters of Oregon June 1, 1908 53
get one man of note to father it. So they got as sponsor H. A. Webster,
an ex-deputy fish warden who was recently discharged because Governor
Chamberlain, Secretary of State Benson and State Treasurer Steel no
doubt considered that the fisheries of our State could be better served by
•a better man.
We deem it necessary for a thorough understanding of this matter to
plainly state who and what is behind this trick bill.
It is not diflficult for a clever advocate of greed and wrong to so ab-
oreviate quotations from the writings and sayings of authorities on any
given subject that the exact opposite apparently stands proven from what
the quoted authorities desired to prove. There are unfoi'tunately men
who for consideration are as versatile as the fallen angel of whom Milton
says, "He could make the worse appear the better reason."
On the other hand, who are the men behind the bill which the fishwheel
owner's bill is intended to kill? (According to our law, if there are con-
flicting bills on any subject, and if such conflicting bills receive the
majority vote necessary to carry them, then the bill receiving the highest
majority vote becomes law.)
The men who stand for abolition of salmon fishing at head of tide in
the Columbia as officers and executive committee of the Columbia River
Salmon Protective Association, are as follows : George M. Orton, of Port-
land, president. He is an ex-member of the Oregon Legislature and mana-
ger of the Multnomah Printing Company The vice-president is Jay Tut-
tle, M. D., Astoria. He is an ex-State Senator. The treasurer is F. E.
Beach, of Portland, wholesale and retail merchant. The secretary is H.
M. Lorntsen, Astoria, secretary of the Columbia River Fishermen's Union
and second vice-president of the Oregon State Federation of Labor. On
the board of directors are: Thomas A. McBride, Oregon City, Circuit
Judge; Wm. I. Vawter, member of the Legislature; G. S. Wright, Mc-
Minnville, State Senator; Chas. G. Roberts, Tanglewood, Hood River; D.
H. Miller, Medford; T. B. Kay, Salem, State Senator; James Withycombe,
Corvallis, director of the Oregon Experiment Station and candidate for
Governor on the Republican ticket at the last election; James A. Lackey,
mayor of Ontario; C. G. Huntley, Oregon City, druggist, member of
Oregon Legislature; Wm. Miller, of Burns, attorney at law; John H.
Smith, Astoria, attorney at law and ex-State Senator; Frank Kankkonen,
Astoria, manager Union Fishermen's Co-operative Packing Company.
James Withycombe, in accepting the position on the board of directors,
wrote: "I shall be pleased to accept a place on the board of directors
for the movement mentioned, namely, for the protection of the Columbia
River salmon. I believe that every honorable means should be employed
to protect this great natural source of wealth, not only for the present
but for future generations."
Senator G. S. Wright wrote: "Will be glad to do anything for the
fishing industry, by serving on the board or otherwise."
William I. Vawter, in accepting, wrote: "It seems to me in every
54 Pamphlet Containing Measures to be
way commendable and that legislation that is protection along the lines
indicated should have the support of every patriotic citizen."
Judge McBride, when asked to serve as president of the association,
declined on account of press of business, but readily agreed to sei"ve as
a director, adding: "The only way to save our salmon is to stop fishing
at head of tide, so as to give the fish a chance to reach our hatcheries
and natural spawning grounds. For many years I have fought for the
protection of our salmon and am pleased to see this concerted action. My
voice and pen will ever be ready to save one of Oregon's greatest in-
dustries. I am a poor man, but if necessary I shall contribute my mite
towards defraying the expenses to fully present this question to the
voters of the State."
Many, many other words of advice and cheer have been given the
officers of the association in this task to save our salmon. Necessary
limit of space forbids here to quote any more.
Judges, legislators, professional men, scientists, business men and
fishermen are represented in this association. Leading citizens of the
State, seeing that one of the leading industries of the State is threatened
with extinction, have come forward to rescue it.
And opposed to the bill to stop fishing at head of tide, at the conflu-
ence of the Columbia River with the Sandy — a bill fathered by these
public-spirited citizens — is opposed this sham bill of the fishwheel owners.
The fishwheel owners were too cautious — though it is alleged the proper
term is "too cowardly" — to father their bill, so they hired a discarded
deputy of the State Fishery Bureau to champion a bill which is a trick
bill from top to bottom.
Now as to the tricks in that bill. ^
In the argument supporting the wheel-owners' bill a desire is ex-
pressed to save our salmon.
But true to the methods of trickery, section 1 — the main section — is not
taken up first. Instead, sections 3 and 4 are defended, and section 1 —
the biggest nigger in this legislative woodpile — is sandwiched in between
sections 2 and 5.
That trick, however, is very clumsy and can be easily exposed.
Section 1 of the fishwheel owners' bill provides that no fishing at
nights can be carried on in the channels used for commercial navigation.
That means that the four thousand gill-net fishermen of the Columbia,
with an investment of about one and half million dollars in boats and
nets, must quit the Columbia if the law passes. The fishwheel owners
and Webster know this full well, hence they tried to hide this section in
their argument, hoping to thus fool the voters of the State.
To explain. Fishwheels or fish traps are located on the banks of the
river, or in narrows or at falls, where they presumably do not interfere
with navigation. Wheels and traps are stationary appliances and before
they can be erected must secure a permit from the War Department, in
charge of navigation of our rivers. Thus under this section traps and
wheels could fish the entire twenty-four hours. Traps and wheels are
Submitted to Voters of Oregon June 1, 1908 55
built more or less upon the principle of a cattle corral, the fish striking
fences or leads projecting into the river, follow them and are led into
the tunnel of the trap and then into the pot, from which they cannot
escape. The fence or lead of the fishwheel leads the fish into the mouth
of the wheel, when the wheel, ceaselessly turning with the aid of the
flowing stream, pumps the salmon into a box, for the owner to take away
once in every twenty-four hours.
The gill-nets, however, against which this section is directed, are
drifting nets, on a submerged sandbar one moment, in the channel the
next. They catch fish by gilling them; that is, the salmon strike the net
and put their heads into a mesh, when they cannot retreat, their gills
preventing retreat and their bodies being too large to allow them to get
through the mesh. Salmon only gill when the water is muddy in freshet
time or at nights. When the salmon can see the gill-net they swim around
it. A gill-net is only fished at slack tides, on an average six hours out
of every twenty-four. A gill-net, further, to be worked properly, must be
tanned once a week and dried, which takes from one to two days. Thus a
gill-net fishes only from 30 to 36 hours out of the 168 hours of every
week, while the traps and wheels, stationary appliances, fish day and
night, the entire 168 hours in every week, as long as the fishing season
lasts.
Thus this section would drive 4,000 of our gill-net fishermen from their
calling, destroy their property, and make in a few years a dozen or so
already very rich fishwheel owners manifold millionaires, without pro-
tecting our salmon, because the fishwheels in the narrows and at the
falls do not permit fish to pass by.
Year by year these wheels have been so located and improved that
where only four years ago the Washington and Oregon up-river hatcheries
secured some twenty thousand salmon for hatchery purposes, this year but
a few hundred were caught. Washington has closed its four up-river
hatcheries and Oregon is doing likewise.
The hatcheries below The Dalles, according to official data, are doing
fairly well, considering that this was a poor salmon year.
Section 2, prohibiting fishing for salmon between the first day of
October and the thirty-first day of December of each year, is absolutely
valueless as far as our Royal Chinook salmon are concerned, as this
variety almost entirely ceases entering the Columbia the latter part of
September, or the middle of October during a late Chinook season. The
Blueback salmon, almost absolutely destroyed by the fishwheels, run in
June and July. Our Silver salmon enter the river in October, November
and December, and if the fishwheels were allowed on the Oregon side,
they with their leads would drive in the narrows on the upper Columbia
the fish from the Oregon shore to try to find easy ascent close to the
Washington shore, where the wheels and seines, owned by the same men
who own wheels and seines on the Oregon shore, would catch the fish.
This section is rather a clever trick on the part of the fishwheel owners.
Fishing for Silver salmon on the Oregon side would be stopped, where the
56 Pamphlet Containing Measures to be
river is from four to six miles wide and where the fish have a fair show
to get by fishing appliances. Then, where they get to the narrows and
falls, the places of ascent on the Oregon side would be barred by the
leads of the wheels and a rich harvest reaped on the Washington side by
the wheel-owners.
The most destructive fishwheels ai'e on the Oregon side of the upper
Columbia. Stoppage of fishing from the mouth of the Sandy and up
would abolish these wheels. Then Washington would follow with like
legislation.
Section 3 provides that all fishing for salmon shall absolutely stop
below a line drawn from Smith's Point across the Columbia. That is,
fishing with gill-nets must stop from Astoria to the sea, about twelve
miles from the bar, where the river is from four to six miles wide; where
fishing with these nets only averages from 30 to 36 hours out of the 168
hours in each week; where about 75 per cent of the gill-net fishermen
drift with their nets, because in the Columbia from Astoria and up the
fishtraps have driven the gill-netters from their old-time drifting grounds.
Another trick to give the salmon to the rich trapmen and wheelmen.
Some men, noting that yearly some fishermen were drowned at and
outside the mouth of the Columbia, have declared out of misplaced sym-
pathy with the fishermen that gill-net fishing should stop at a line cross-
ing the river at Cape Disappointment. The fishwheel men have in
section 3 advanced this line nine miles up the river to Smith Point. The
almost absurd trickery here again is plain.
Section 4, by limiting length of nets, is another intended humbug on
the voters. The fishwheels could continue serenely as they now are to
catch every salmon getting to the upper Columbia and the gill-netters,
the poor men, would be so regulated that they would have to quit the
Columbia.
Section 5, providing for a weekly 24-hour closed season, would be of
value if the fishwheels were abolished. It is the nature of the salmon to
travel, once they enter the Columbia, about eight miles in 24 hours, in
their effort to reach the spawning grounds, until they reach the narrows
and falls. There they rest for several days in pools below the narrows
and falls, and after having overcome one set of obstructions, again rest
for several days. With the fishwheels stretched out as they are, not one
salmon in a thousand reaching the upper river would escape the upper-
most wheels. A 24-hour weekly closing law would simply give more
fish to the rich fishwheel owners.
It is absolutely necessary for the preservation of our salmon that
fishing must stop where the river becomes narrow. Every Nation and
State owning salmon streams had to adopt this policy, or see its salmon
destroyed. Canada does not permit any stationary fishing appliances in
its rivers and draws dead-lines against all fishing away below head of
tide. California, Oregon and Washington forbid stationary appliances
in their rivers and draw dead-lines against fishing where the rivers be-
come narrow. The Federal Government, through a decision rendered
Submitted to Voters of Oregon June 1, 1908 57
December last by Secretary of Commerce and Labor Straus, and con-
firmed by President Roosevelt, has adopted this principle for Alaska.
The only exception to this beneficial legislation is the Columbia River,
where the fishwheel owners so far have succeeded in retaining their
unfair monopoly.
But these men know this monopoly is doomed; they know that the vote
of the people will tell them next June, "Stop destroying our Columbia
River salmon industry," and so they got up this so apparent sham bill.
Verily, "Whom the gods wish to destroy they first make mad."
Let the fishwheels be abolished by the passage of the bill presented by
the Columbia River Salmon Protective Association, and the fishermen
will be the first to urge our Legislature to enact a Sunday-closing law,
fairer regulation of open and closed seasons, and other laws really pro-
tective of the salmon fisheries of the Columbia.
The fishermen possess only their skill as fishermen and their boats
and nets. With the destruction of our salmon, their means of earning a
living for themselves and their families is destroyed. On the other hand,
the dozen rich fishwheel owners own splendid farms and real estate in
our cities. They and their children do not depend on the salmon for a
living. All these men now care for is to have a few more years of ab-
solute monopoly on that portion of our salmon crop which composes our
seed fish.
We therefore ask the voters to vote "No" on the fishwheel owners'
bill and to vote "Yes" on the bill which stops fishing at head of tide, at
the confluence of the Columbia with the Sandy.
H. M. LORNTSEN,
Secretary Columbia River Salmon Protective Association.
(Endorsed) —
Filed Febru^iry 24, 1908.
F. W. Benson, Secretary of State.
58 Pamphlet Containing Measures to be
AN AMENDMENT
TO THE
constitution of the state of oregon
to be submitted to the legal electors of the state of
Oregon for their approval or rejection
AT THE
REGULAR general ELECTION
TO BE HELD
On the First Day of June, 1908,
TO AMEND
Section 2 of Article XI
By initiative petition filed in the office of the Secretary of State, January
27, 1908, in accordance with the provisions of Chapter
226, General Laws of Oregon, 1907.
Printed in pursuance of Section 8 of Chapter 226, Laws of 1907.
Secretary of State.
The following is the form and number in which the question will be
printed on the official ballot:
PROPOSED BY initiative PETITION
For constitutional amendment, giving additional and
exclusive power to cities and towns, within their
corporate limits, to license, regulate, control, and
tax, or to suppress or prohibit theaters, race-tracks,
pool-rooms, bowling alleys, billiard halls, and the
sale of liquors, subject to the provisions of the local
option law of the State of Oregon. Vote YES or NO.
320. Yes.
321. No.
Submitted to Voters of Oregon June 1, 1908 59
[On Official Ballot, Nos. 320 and 321.]
CONSTITUTIONAL AMENDMENT.
Section 2 of Article XI of the Constitution of the State of Oregon shall
be, and the same is, hereby amended to read as follows:
Section 2. Corporations may be formed under general laws, but shall
not be created by the Legislative Assembly by special laws. The Legisla-
tive Assembly shall not enact, amend or repeal any charter or act of
incorporation for any municipality, city or town. The legal voters of
every city and town are hereby granted power to enact and amend their
municipal charter, and the exclusive power to license, regulate, control
and tax, or to suppress or prohibit theaters, race tracks, pool-rooms,
bowling alleys, billiard halls, and the sale of liquors, subject to the pro-
visions of the local option law of the State of Oregon within the corporate
limits of any municipality, is vested in such municipality.
60 Pamphlet Containing Measures to be
ARGUMENT
(affirmative)
SUBMITTED BY
DR. J. F. REDDY, of Medford,
in favor of the measure designated on the official ballot, as follows:
PROPOSED BY INITIATIVE PETITION
For constitutional amendment, giving additional and
exclusive power to cities and towns, within their
corporate limits, to license, regulate, control, and
tax, or to suppress or prohibit theaters, race-tracks,
pool-rooms, bowling alleys, billiard halls, and the
sale of liquors, subject to the provisions of the local
option law of the State of Oregon. Vote YES or NO.
320. Yes.
321. No.
ARGUMENT IN SUPPORT OF ABOVE AMENDMENT.
The purpose of this amendment is to obtain practical home rule for
all cities and towns in Oregon.
Laws which may be necessary and wise for a seaport may not be
advisable or good for an inland town.
The proposed amendment gives to the voters of each city in Oregon
the right to regulate their own local affairs and to make such laws as the
majority of the people of that town wish to make.
The majority should rule. No law, of course, can be passed except by
a majority, and the proposed amendment merely prevents a minority
ruling. It gives the majority this power which they certainly should have.
It does not seem fair that people who live in Eastern Oregon should
vote as to what regulations should be applied to the local affairs of a
city in the Willamette Valley, nor on the other hand should people in the
Willamette Valley govern the local affairs of cities in Eastern Oregon.
It is impossible to make any law which will be equally suitable for all
towns, and the proposed amendment gives the taxpayers and voters of
each town the right to govern their own local affairs within the city
boundaries.
The proposed amendment is home rule for cities. Persons who have
some pet measu7-e or policy which they are afraid to submit to a vote of
the people will oppose this amendment. It can be opposed only by those
persons who are afraid to abide by the rule of the majority of the people.
All others should support it.
(Endorsed) —
Filed January 27, 1908. F. W. Benson, Secretary of Stale.
Submitted to Voters of Oregon June 1, 1908 61
ARGUMENT
(negative)
SUBMITTED BY
The PORTLAND MUNICIPAL ASSOCIATION and the OREGON
ANTI-SALOON LEAGUE
opposing the measure designated on the official ballot as follows:
PROPOSED BY INITIATIVE PETITION
For constitutional amendment, giving additional and
exclusive power to cities and towns, within their
corporate limits, to license, regulate, control, and
tax, or to suppress or prohibit theatres, race- tracks,
pool-rooms, bowling alleys, billiard halls, and the
sale of liquors, subject to the provisions of the local
option law of the State of Oregon. Vote YES or NO.
320. Yes.
321. No.
ARGUMENT AGAINST THE FOREGOING AMENDMENT.
The foregoing proposed amendment is entirely superfluous, inasmuch
as all cities and towns in the State of Oregon do now enjoy the fullest
possible home-rule, having absolute self-government — the right to make
and amend their owm charters and enact their own laws, SUBJECT only
TO THE Constitution and the general criminal laws of the State.
This power was conferred by an amendment to the Constitution adopted
in the election of 1906 and made effective by an act of the Legislature of
1907 "for carrying into effect amendment to section 2, article XI of the
Constitution, granting to cities and towns the right to enact or amend
their charters."
While the ostensible purpose of the proposed amendment is to "obtain
practical home-rule for all cities and towns in Oregon," it is very evident
that the real purpose is to suspend the operation of the criminal laws ot
the State, as to certain practices, within the bounds of municipalities at
their pleasure. If it does give to municipalities any power of home rule
which they do not now possess, it is some power contraiy to the Constitu-
tion of the State, or in violation of the general criminal laws. y
"The effect of this amendment, if adopted, would be to divest sheriffs
and district attorneys of the power to suppress pool-rooms and Sunday
62 Pamphlet Containing Measures to be
saloons, and give municipal authorities power to run a town as wide open
as they desire. The Constitution now provides that city charters must be
'subject to the Constitution and criminal laws of the State.' The amend-
ment proposed leaves out this important clause." — (Morning Oregonian,
28 January, 1908.)
It is claimed by the advocates of the proposed amendment that it is a
step in the direction of "majority rule." This assertion is fallacious.
Law emanates from the supreme power in the State, that is the people of
the whole State; and to permit the people of a municipality to override
laws enacted by the people of the whole State, or to set at naught the
moral sentiment of the people of the State, would be the worst form of
minority rule.
The proposed amendment would undermine the supremacy of the
State. It would create an authority within municipal bounds independent
of, and doubtless in many cases opposed to the authority of the State. It
is essentially vicious and anarchistic in its tendency.
There can be no doubt that the petition for the enactment of the pro-
posed amendment had its origin among those who are intent upon ex-
ploiting the vices of city life for their own profit, and who care little or
nothing for the integrity of the State and the moral welfare of its
citizens.
The people of Oregon cannot tolerate such tampering with her Consti-
tution, and the vote against this measure should be so overwhelming as to
discourage any future attempts in the same direction.
Therefore we object for five reasons:
1. It is a saloon measure intended to entrench the saloon and nullify
the local option law. ^
2. It makes the cities principalities, independent of the criminal laws
and police powers of the county and State.
3. It assumes for the city independence from the county, yet does not
propose to provide for expense of vice and crime to be borne by cities
alone.
4. Because cities and country in counties are an indissoluble whole.
What affects one affects the other.
5. This measure is a violent reversion of the entire structure of our
government.
PORTLAND MUNICIPAL ASSOCIATION,
By F. A. Frazier, Member Executive Board.
OREGON ANTI-SALOON LEAGUE,
By J. R. Knodell, Asst. Supt.
(Endorsed) —
Filed February 24, 1908.
F. W. Benson, Secretary of State.
Submitted to Voters of Oregon June 1, 1908 63
AN AMENDMENT
TO THE
constitution of the state of oregon
To be submitted to the legal electors of the State of
Oregon for their approval or rejection
AT THE
REGULAR GENERAL ELECTION
TO BE HELD
On the First Day of June, 1908,
TO AMEND
Section 1 of Article IX
By initiative petition filed in the office of the Secretary of State, January
28, 1908, in accordance with the provisions of Chapter
226, General Laws of Oregon of 1907.
Printed in pursuance of Section 8 of Chapter 226, Laws of 1907.
Secretary of State.
The following is the form and number in which the question will be
printed on the official ballot:
PROPOSED BY INITIATIVE PETITION
For constitutional amendment providing that all
dwelling houses, barns, sheds, out houses, and all
other appurtenances thereto; all machinery and
buildings used exclusively for manufacturing pur-
poses and appurtenances thereto; all fences, farm
machinery, and appliances used as such; all fruit
trees, vines, shrubs, and all other improvements on
farms; all live stock; all household furniture in use;
and all tools owned by workmen and in use, shall be
exempt from taxation in addition to exemptions now
authorized by the Constitution. Vote YES or NO.
322. Yes.
323.- No.
64 Pamphlet Containing Measures to be
[On Official Ballot, Nos. 322 and 323.]
CONSTITUTIONAL AMENDMENT.
Section 1 of Article IX of the Constitution of the State of Oregon shaH
be, and hereby is, amended to read as follows:
Section 1. The Legislative Assembly shall provide by law for uniform
and equal rate of assessment and taxation; and shall prescribe such
regulations as shall secure a just valuation for taxation of all property,
both real and personal, excepting that all dwelling houses, barns, sheds,
out houses and all other appurtenances thereto, all machinery and
buildings used exclusively for manufacturing purposes and the appur-
tenances thereto, all fences^farm machinery and appliances used as such,
all fruit trees, vines, shrubs, and all other improvements on farms, all
live stock, all household furniture in use, and all tools owned by workmen
and in use, shall be exempt from taxation; excepting also such property
for municipal, educational, literary, scientific, religious or charitable
purposes, as may be specially exempted by law.
Submitted to Voters of Oregon June 1, 1908 65
ARGUMENT
(affirmative)
SUBMITTED BY
THE OREGON TAX REFORM ASSOCIATION
in favor of the measure designated on the official ballot, as follows:
PROPOSED BY INITIATIVE PETITION
For constitutional amendment providing that all
dwelling houses, barns, sheds, out houses, and all
other appurtenances thereto; all machinery and
buildings used exclusively for manufacturing pur-
poses and appurtenances thereto; all fences, farm
machinery, and appliances used as such; all fruit
trees, vines, shrubs, and all other improvements on
farms; all live stock; all household furniture in use;
and all tools owned by workmen and in use, shall be
exempt from taxation in addition to exemptions now
authorized by the Constitution. Vote YES or NO.
322. Yes.
323. No.
ARGUMENT IN SUPPORT OF ABOVE AMENDMENT.
To the Voters of Oregon:
The proposed amendment is a step in the direction of the Single Tax.
If adopted it would exempt most personal property and improvements
from taxation, and the argument submitted has in view that all such
property will ultimately be exempted. It does not exempt business build-
ings, merchandise, cash, improvements of public service corporations, and
a few other articles of personalty and improvements. The Oregon Tax
Reform Association, composed of men who have devoted their lives to the
common good, seeing the injustice and iniquitous results of our preserft
system of taxation, which has been so carefully defended and unscrupu-
lously evaded, by the various special interests and monopolies, feel
certain that the time has arrived and the people are ready to abolish
this effete and iniquitous system and institute a better, just, and more
certain method of taxation. We have, therefore, determined to submit
the above amendment to remove taxation from industry and place it on
land values. We will prove that this amendment if carried will benefit
the farmer, workingman, manufacturer, merchant and, in short, every
producer. We will show that taxes will fall on those monopolies which
have, through our present tax laws, complacently levied an outrageous
toll on industry and have filched from Oregon hundreds of millions of
3
66 Pamphlet Containing Measures to be
dollars of publicly created values. Henry George has well stated the
results that will follow the adoption of this amendment:
"To appropriate ground rent to public uses by means of taxation
would permit the abolition of all the taxation which now presses so
heavily upon labor and capital. This would enormously increase the
production of wealth by the removal of restrictions and by adding to the
incentives to production. It would at the same time enormously increase
the production of wealth by throwing open natural opportunities. It
would utterly destroy land monopoly by making the holding of land
unprofitable to any but the user. There would be no temptation to any
one to hold land in expectation of future increase in its value when that
increase was certain to be demanded in taxes. No one could afford to
hold valuable land idle when the taxes upon it would be as heavy as it
would be were it put to the fullest use. Thus speculation in land would
be utterly destroyed and land not in use would become free to those who
wish to use it. The enormous increase in production which would result
from this throwing open the natural means and opportunities of produc-
tion while at the same time removing the taxation which now hampers,
restricts and fines production, would enormously augment the annual
fund from which all incomes are drawn. * * *" — Henry George,
Social Problems, page 285.
The Attorney-General has stated that in his opinion this amendment
will exempt the particular things which it specifies. These may be
summed up as the two basic pursuits of production and home-building.
The effect of the law now in operation is to encourage monopoly and dis-
courage industry — to subsidise monopoly and fine production, to take
from the individual a portion of the product of his labor and give it to
the land monopolists (and it should be remembered that every monopoly
is at base a land monopoly) for every improvement, which results from
expenditure of taxes, enhances the value of the land adjacent to the
improvement. On the other hand the value of any given site is not
earaed by the owner. He has contributed no more to its value than any
other member of society living near it. The entire population have
jointly created this value and should take it for public uses. A concrete
illustration will make this more apparent.
Some forty years ago Mr. McGinn paid $1,500 for the southeast corner
of Seventh and Washington streets, Portland. This site is at present
covered with mere shacks, but it is safe to say it has yielded him a net
income of more than $100,000. On the 25th day of January, 1908, Mr.
McGinn leased this location for twenty-five years, the lessee to erect
thereon a substantial building of not less than six stories, pay a rental
of $1,000,000, pay all taxes, assessments incident to all city impix)ve-
ments and forfeit the building to Mr. McGinn at the end of the term.
Meanwhile Mr. McGinn lives in Southern California, pays no taxes,
produces none of the rental value of this location even indirectly, but
simply appropriates $1,000,000 net of wealth produced by somebody.
This simply illustrates the method by which monopoly at all times and
everywhere filches wealth from industry. Data of the above taken from
the Oregon Daily Journal, January 25th, 1908. We do not condemn Mr.
McGinn, but the system of taxation that permits it.
All authorities agree that taxation of land value is the only just, cer-
tain and efficient method of taxation. It has been partially adopted in
Submitted to Voters of Oregon June 1, 1908 67
New Zealand, Manitoba, and locally in other countries, and in every
instance has given rise to a prosperity never before known. The farmers
of Manitoba are the most prosperous in the world, and New Zealand has
never known hard times or business depression since its adoption. On
the contrary it is universally knovm that New Zealand's prosperity is
superior to any other portion of the globe with the same population. In
Manitoba the law reads that no improved farm shall be assessed higher
than the vacant land along side. The effect of our amendment will be
identical. It will relieve the farmer by allowing improvement to be made
without increasing the taxes of the improver.
The farmer usually insists on taxing everything. Under such a
system the farmer pays taxes on everything while the bulk of the wealth
drained from the farms to the cities always and everywhere eludes the
assessor. Such a system is a fine on honesty and a premium on perjury.
The most honest official cannot guess anywhere near the value of the vast
and various forms of wealth in the cities — cannot tell the difference be-
tween a $200 and a $500 carpet. On the other hand, the country assessor
knows the worth of the farm wagon, and can estimate within 10 per cent
the value of all the farmer has. Under this amendment the greatest
taxation will fall where land is most valuable. A whole farm can be
purchased for $5,000. One block 200 feet square in the city of Portland
is worth $1,000,000. The value of this one block would purchase 20,000
acres of farming land at $50 per acre. This block would pay as much
taxes as 20,000 acres of $50 per acre farming land.
The land values of Portland and the other large cities of Oregon are
more than seven times as great as the value of all the farming lands of
Oregon, yet they pay only 40 per cent of the taxes. The area of all the
farming lands in this state is 11,000,000 odd acres and the farming popu-
lation 100,000. The railroad lands, timber monopolies, and cities of
Oregon constitute over 26,000,000 acres and the population of the cities
about 335,000. Therefore under our present system the products of 40
per cent of the area pays over 60 per cent of the taxes while the product
of 60 per cent of the land (the most valuable land) pays less than 40
per cent of the taxes. That is to say, less than one-fourth of the popula-
tion pays 60 per cent and three-fourths of the population only pay 40 per
cent of the taxes. This is glaringly unjust.
The Supreme Court recently nullified the customary $300 exemption
of farmer's and householder's belongings, yet under the same law mil-
lions upon millions of monopoly values go free. It should be noted that
if this amendment is adopted the taxes will fall in an increased amount,
not upon land as land, but upon land values, thereby relieving the farmer.
Oregon discourages the investment of capital and manufacturing en-
terprises with high taxes. The people and the papers continually clamor
for the investment of capital and the production of wealth. Then why
discourage it? Are not our laws highly absurd; laws, that allow useless
and nonproductive monopolists to hold out of use thousands of natural
manufacturing sites? That they are absurd is shown by the vivid fact
that Eugene, Albany, Astoria, Salem, Portland, The Dalles and other
cities have from time to time offered and paid bonuses of from two to
68 Pamphlet Containing Measures to be
twenty thousand dollars to induce mills and factories to the respective
cities, and have further offered to partially or wholly exempt them from
taxation. What does this mean if not the fact that these communities
have consented to purchase of landlordism the privilege to have an in-
dustry in their midst? For in almost every instance the bonus offered or
given has equaled the value of the desired site and the taxes for a term
of years which under our present system are adroitly levied on industry
for the benefit of monopoly. This amendment will bring into the State
millions of dollars of capital now going to other communities where no
attempt is made to tax manufacturing enterprises. That freedom from
taxes will cause manufacturing plants to enlarge and new ones to be
established need hardly be argued. To this manufacturers all agree.
As high-tariff men would say, "to stimulate manufacturing will pro-
vide a home market for Oregon farmers" both for raw material for the
factories, and produce for the increasing population; will save freight
charges on many commodities now shipped across the continent; while
home competition would lower the cost of manufactured articles.
Believers in a protective tariff readily see this, and low-tariff men
consider it a fairer way of fostering manufacturing industries.
Baltimore, Atlanta and Birmingham, under the policy of exemption,
have become great manufacturing centers. There is no reason why
Oregon should not do likewise. Note that this amendment would not
exempt the location of manufacturing plants, nor the timber lands of
mill men.
The proposed amendment will, as in the case of the farmer, benefit
every working man by making employment plentiful — by creating an
abundance of opportunities and a scarcity of labor. This condition in-
variably gives rise, must give rise, to ever advancing wages. For in-
creased demand for workers lessens the supply of competing labor and
the law of supply and demand universally governs the price of exchanges.
Monopoly is the curse that has in all countries and all times bound
the many in poverty and want and made millionaires of the few. It will
be evident to any thoughtful man that if we abolish monopoly the condi-
tions will be reversed. For to abolish land monopoly is to open up to
labor the opportunity and the use of land. While land is monopolized,
industry must suffer. The destruction of monopoly by taxation will
permit the use of land from which all wealth is directly or indirectly
produced. And as employment of land in building, cultivation and manu-
facture increase so the demand for labor must increase. The relinquish-
ment of lands, now held at enormous speculative prices, will make possi-
ble the rearing of homes, and release men from the blighting curse of
landlordism.
Every new home broadens and strengthens the base of society. We
have seen above how monopoly filches tribute from production. It is
self-evident that as ground rent falls so wages must rise.
The working man in whatever capacity he labors, farmers, clerks,
artisans, mechanics and all should bear clearly in mind that the present
system of taxation shifts the whole load of taxation on the consumer,
while monopoly, or landlordism, like the robber barons of old, holds the
Submitted to Voters of Oregon June 1, 1908 69
people in subjection and levies tribute even from the sick and destitute.
In spite of the depression that compels many to want and idleness, rents
have increased in Portland. It is the old trait that marks its history —
tribute for the right to live.
The amendment will benefit all workers, by multiplying demand for
labor in factories, on farms and in construction and distribution, by
making them independent through free use of land, by making of each
a home owner, and by increase of wages which will rise as rent — monop-
oly power — falls.
Vacant lots and land grants buy no dry goods or groceries. The mer-
chant will readily see in the amendment a wide opportunity for industry,
a greater employment of labor, higher wages, and an ever-enlarging
fund for purchase or exchange. He will see that exemption of the
farmer's improvements and the discouragement of idleness of land will
enable and stimulate a greater purchase of building material, machinery,
furniture, apparel and sundries. Justice does not discriminate. She
benefits all alike. We have but to obey her and that prosperity which
only she can give will be our recompense.
The amendment will enable the banks to loan the millions of deposits
on actual development of industry instead of on speculative schemes to
discount future growth. It will turn the able brains at the heads of
great public service corporations from schemes of monopolization to
expanding their proper business as common carriers. It is opposed only
to those interests which fence natural opportunity away from enterprise
and industry. By shifting taxes to land value and discouraging the
holding of vacant land it will foster home-building, and lands now barren
wastes will teem with wealth and population. Bank failures and panics
will disappear, for failures usually and panics always are caused by
schemes of speculation in corporation franchises or special privileges
over the land of the public streets and highways.
Oregon will derive more advertisement from its adoption of this
amendment, attract more capital and settlers than all the money ever
spent for that specific purpose, and it will place this State on a line
with the most progressive sections of the world.
This is no war on persons — no appeal to class or personal interests,
but to progressive public spirit to amend a tax system which has encour-
aged injurious speculation and discouraged the increase of industry and
wealth. After more than forty years of statehood, Oregon had only
435,000 population in 1900. Her area is twice as great as New York,
about as large as Old England and New England combined. They sur-
pass her in population one hundred times while she surpasses them in all
that should draw population and enterprise. Jf Oregon were as densely
populated as Rhode Island she would have 45,000,000 people. This
amendment appeals to that thoughtful conservatism which knows that we
have opened too wide the door to speculation. Oregon is rich in oppor-
tunity. It is only required to amend the laws that the abundance of
nature may be free to the hand of industry.
OREGON TAX REFORM ASSOCIATION.
(Endorsed) —
Filed February 3, 1908. F. W. Benson, Secretary of State.
70 Pamphlet Containing Measures to be
AN AMENDMENT
TO THE
constitution of the state of oregon
to be submitted to the legal electors of the state of
Oregon for their approval or rejection
AT THE
REGULAR general ELECTION
TO BE HELD
On the First Day of June, 1908,
TO AMEND
Section 18 of Article II
By initiative petition filed in the office of the Secretary of State, January
29, 1908, in accordance with the provisions of Chapter
226, General Laws of Oregon of 1907.
Printed in pursuance of Section 8 of Chapter 226, Laws of 1907.
Secretary of State..
The following is the form and number in which the question will be
printed on the official ballot:
PROPOSED BY INITIATIVE PETITION
For an amendment to Article II of the Constitution,
giving the voters power to call a special election at
any time to discharge any public officer and elect his
successor. Vote YES or NO.
324. Yes.
325. No.
Submitted to Voters of Oregon June 1, 1908 71
[On Official Ballot, Nos. 324 and 325.]
CONSTITUTIONAL AMENDMENT.
Article II of the Constitution of the State of Oregon shall be, and hereby
is, amended by adding thereto at the end of said article a new section,
which shall be numbered Section 18 of said Article II and shall be as
follows:
Section 18. Every public officer in Oregon is subject, as herein pro-
vided, to recall by the legal voters of the State or of the electoral district
from which he is elected. There may be required twenty-five per cent,
but not more, of the number of electors who voted in his district at the
preceding election for justice of the Supreme Court to file their petition
demanding his recall by the people. They shall set forth in said petition
the reasons for said demand. If he shall offer his resignation, it shall be
accepted and take effect on the day it is offered, and the vacancy shall be
filled as may be provided by law. If he shall not resign within five days
after the petition is filed, a special election shall be ordered to be held
within twenty days in his said electoral district to determine whether the
people will recall said officer. On the sample ballot at said election shall
be printed in not more than two hundred words, the reasons for demand-
ing the recall of said officer as set forth in the recall petition, and in not
more than two hundred words, the officer's justification of his -course in
office. He shall continue to perform the duties of his office until the
result of said special election shall be officially declared. Other candidates
for the office may be nominated to be voted for at said special election.
The candidate who shall receive the highest number of votes shall be
deemed elected for the remainder of the term, whether it be the person
against whom the recall petition was filed, or another. The recall peti-
tion shall be filed with the officer with whom a petition for nomination to
such office should be filed, and the same officer shall order the special
election when it is required. No such petition shall be circulated against
any officer until he has actually held his office six months, save and ex-
cept that it may be filed against a senator or representative in the legis-
lative assembly at any time after five days from the beginning of the
first session after his election. After one such petition and special elec-
tion, no further recall petition shall be filed against the same officer
during the term for which he was elected unless such further petitioners
shall first pay into the public treasury which has paid such special elec-
tion expenses, the whole amount of its expenses for the preceding special
election. Such additional legislation as may aid the operation of this
section shall be provided by the Legislative Assembly, including pro-
vision for payment by the public treasury of the reasonable special elec-
tion campaign expenses of such officer. But the words "the Legislative
Assembly shall provide" or any similar or equivalent words in this Con-
stitution or any amendment thereto, shall not be construed to grant to
the Legislative Assembly any exclusive power of law-making nor in any
way to limit the initiative and referendum powers reserved by the people.
72 Pamphlet Containing Measures to be
A BILL
to be submitted to the legal electors of the state of
Oregon for their approval or rejection
AT THE
REGULAR GENERAL ELECTION
TO BE HELD
On the First Day of June, 1908,
To propose by initiative petition a law to instruct the members of the
Legislative Assembly to vote for and elect the candidates selected by
the people for United States Senator from Oregon.
By initiative petition filed in the ofRce of the Secretary of State, January
29, 1908, in accordance with the provisions of Chapter
226, General Laws of Oregon, 1907.
Printed in pursuance of Section 8 of Chapter 226, Laws of 1907.
Secretary of State.
The following is the foi-m and number in which the question will be
printed on the official ballot:
PROPOSED BY initiative PETITION
A bill for a law instructing members of the Legisla-
ture to vote for and elect the candidates for United
States Senator who receive the highest number of
votes at the general election. Vote YES or NO.
326. Yes.
327. No.
Submitted to Voters of Oregon June 1, 1908 73
LOn Official Ballot, Nos. 326 and 327.]
A BILL
To propose by initiative petition a law to instruct the members of the
Legislative Assembly to vote for and elect the candidates selected by
the people for United States Senator from Oregon.
Be it enacted by the people of the State of Oregon:
Section 1. That we, the people of the State of Oregon, hereby instruct
our representatives and senators in our Legislative Assembly, as such
officers, to vote for and elect the candidates for United States Senator
from this State who receive the highest number of votes at our general
elections.
74 Pamphlet Containing Measures to be
AN AMENDMENT
TO THE
constitution of the state of oregon
to be submitted to the legal electors of the state of
Oregon for their approval or rejection
AT THE
REGULAR GENERAL ELECTION
TO BE HELD
On the First Day of June, 1908,
TO AMEND-
Section 16 of Article II
By initiative petition filed in the office of the Secretary of State, January
30, 1908, in accordance with the provisions of Chapter
226, General Laws of Oregon, 1907.
Printed in pursuance of Section 8 of Chapter 226, Laws of 1907.
Secretary of State.
The following is the form and number in which the question will" be
printed on the official ballot:
PROPOSED BY initiative PETITION
For constitutional amendment giving the people power
to make laws for election of public officers by ma-
jority vote instead of pluralities; to provide that
political parties and voters' organizations shall be
proportionably represented in all offices filled by the
election of two or more persons, and that a voter
shall vote for only one person for any office, and may
indicate his second, third, etc., choice; and to pro-
vide for a simple method of precinct residence and
registration. Vote YES or NO.
328. Yes.
329. No.
Submitted to Voters of Oregon June 1, 1908 75
[On Official Ballot, Nos. 328 and 329.]
constitutional amendment.
Section 16 of Article II of the Constitution of the State of Oregon shall
be and the same hereby is amended to read as follows:
Section IC. In all elections authorized by this Constitution until other-
wise provided by law, the person or persons receiving the highest number
of votes shall be declared elected, but provision may be made by law for
elections by equal proportional representation of all the voters for every
office which is filled by the election of two or more persons whose official
duties, rights and powers are equal and concurrent. Every qualified
elector resident in his precinct and registered as may be required by law,
may vote for one person under the title for each office. Provision may be
made by law for the voter's direct or indirect expression of his first,
second or additional choices among the candidates for any office. For
an office which is filled by the election of one person it may be required
by law that the person elected shall be the final choice of a majority of
the electors voting for candidates for that office. These principles may
be applied by law to nominations by political parties and organizations.
76 Pamphlet Containing Measures to be
A BILL
To BE submitted to the legal electors of the State of
Oregon for their approval or rejection
AT THE
REGULAR GENERAL ELECTION
TO BE HELD
On the First Day of June, 1908,
To propose by initiative petition a law to limit candidates' election ex-
penses; to define, prevent and punish corrupt and illegal practices in
nominations and elections; to secure and protect the purity of the
ballot; to amend Section 2775 of Bellinger and Cotton's Annotated
Codes and States of Oregon; to provide for furnishing information
to the electors and to provide the manner of conducting contests for
nominations and elections in certain cases.
By initiative petition filed in the office of the Secretary of State, January
30, 1908, in accordance with the provisions of Chapter
226, General Laws of Oregon, 1907.
Printed in pursuance of Section 8 of Chapter 226, Laws of 1907.
Secretary of State.
The following is the form and number in which the question will be
printed on the official ballot:
PROPOSED BY initiative PETITION
A bill for a law to limit the amount of money candi-
dates and other persons may contribute or spend in
election campaigns; declaring what shall constitute
corrupting use of money and undue influence in
elections and punishing the same; prohibiting at-
tempts on election day to persuade any voter to vote
for or against any candidate or candidates, or any
measure submitted to the people; to protect the
purity of the ballot; furnishing information to voters
concerning candidates and parties, partly at public
expense, and providing for the manner of conduct-
ing election contests. Vote YES or NO.
330. Yes.
331. No.
Submitted to Voters of Oregon June 1, 1908 77
[On Official Ballot, Nos. 330 and 331.]
HUNTLEY BILL
A BILL
To propose by Initiative petition a law to limit candidates' election ex-
penses; to define, prevent and punish corrupt and illegal practices
in nominations and elections; to secure and protect the purity of
the ballot; to amend section 2775 of Bellinger and Cotton's anno-
tated codes and statutes of Oregon; to provide for furnishing in-
formation to the electors and to provide the manner of conducting
contests for nominations and elections in certain cases.
Be it enacted by the people of the State of Oregon:
Section 1. No sums of money shall be paid, and no expenses au-
thorized or incurred by or on behalf of any candidate to be paid by him,
except such as he may pay to the state for printing, as herein provided,
in his campaign for nomination to any public office or position in this
state, in excess of fifteen per cent of one year's compensation or salary
of the office lor which he is a candidate; provided, that no candidate
sh^ll be restricted to less than one hundred dollars in his campaign for
such nomination. No sums of money shall be paid, and no expenses
authorized or incurred, contrary to the provisions of this act, for or on
behalf of any candidate for nomination. For the purposes of this law
the contribution, expenditure, or liability of a descendant, ascendant,
brother, sister, uncle, aunt, nephew, niece, wife, partner, employer,
employe, or fellow official or fellow employe of a corporation shall be
deemed to be that of the candidate himself.
Section 2. Any candidate, and unless he notifies the Secretary of
State that he refuses them permission, the friends of any candidate for
nomination to any state or district office, when the district is composed
of one or more counties, may file with the Secretary of State, for publi-
■cation as herein provided, not later than the thirty-third day before the
biennial primary nominating election, with his portrait cut if he wishes,
a printed or typewritten statement or statements, on the conditions here-
inafter set forth, over his or their signatures, stating the reasons why
he should be nominated; provided, that no candidate, nor his friends,
shall be allowed to file any such statements, unless his petition for nomi-
nation is duly filed with the Secretary of State, not later than the forty-
first day before said rominating election. Any person or persons op-
posing the nomination of any such candidate may, not later than the
39th day, before said nominating election, file with the Secretary of State
their printed or typewritten statements over their signatures, o^ the
reasons why such candidate should not be nominated, but every such
statement shall be accompanied by proof, by affidavit or sheriff's return.
78 Pamphlet Containing Measures to be
that they have caused to be served personally and in person, upon such
candidate a true copy of such statement. Each candidate shall be al-
lowed one page of printed matter and those opposing him shall each be
allowed one page of space on equal terms with him as hereinafter pro-
vided. Nothing in this law shall be deemed to make any such statement
or the authors thereof free or exempt from any civil or criminal action
or penalty, because of any false, slanderous or libelous statements offered
for printing or contained in said pamphlet. The person or persons
procuring, making, composing or offering such statement for filing, shall
be deemed the authors and publishers thereof.
Section 3. Candidates for nomination shall pay for one page of
space in the publication herein provided for as follows: For the office
of United States Senator in Congress, one hundred dollars; for Repre-
sentative in Congress, one hundred dollars; for Justice of the Supreme
Court, seventy-five dollars; for Governor, one hundred dollars; for Secre-
tary of State, one hundred dollars; for State Treasurer, one hundred dol-
lars; for State Printer, one hundred dollars; for State Superintendent of
Public Instruction and Attorney-General, each seventy-five dollars; for
Commissioner of Labor Statistics and Inspector of Factories and Work
Shops, fifty dollars; for Senator or Representative in the Legislative As-
sembly, ten dollars; for Circuit Judge and District Attorney, fifty dollars
each; for candidates for any other office for a district consisting of one
or more counties, or state office, twenty-five dollars. Any candidate may
have additional space at the rate of one hundred dollars per page, but
no payment shall be received for less than a full page; provided, that
not more than three additional pages shall be allowed to any one candi-
date. All payments required by this section shall be made to the Secre-
tary of State when the statement is offered to him for filing, and be by
him paid into the general fund in the state treasury.
Section 4. Not later than the thirtieth day before the primary
nominating election, the Secretary of State shall hand to the State
Printer all of such staternents and portrait cuts, properly compiled,
edited, prepared and indexed for printing; it shall be the State Printer's
duty to print and bind the same in pamphlet form, printing the pictures
of candidates with and as a part of their several statements, where such
portrait cuts are offered; statements of those who directly oppose any
candidate shall follow next after his statement. All of the statements
filed for and against all the candidates for nomination to each office
shall be printed in the order in which candidates' names are grouped
under the title to their offices on the official ballot at the nominating
election. In preparing said pamphlets for printing, the Secretary of
State shall compile the copy for the same in such form as to make It
most convenient for the State Printer to print and bind under one cover,
separately for each political party, the statements only of candidates to
be voted for by members of that party for nomination in the same elec-
toral district or division; that is to say, the statements and arguments of
all candidates seeking republican votes In Multnomah county for nomina-
Submitted to Voters of Oregon June 1, 1908 79
tion by the republican party to state and district offices, for a district
comprising one county or more, shall be printed and bound under one
cover, and the same with the democratic and any other party required
to nominate its candidates at said nominating election. The same
method shall be applied in printing the pamphlets for all other coun-
ties and districts, but no picture, statement or argument for or against
any candidate for nomination shall be included in the copy of said
pamphlet going to any county where such candidate is not to be voted
for. The State Printer shall begin the delivery of said pamphlets to
the Secretary of State as quickly as possible, and not later than the
twentieth day before the nominating election, and complete the same
not later than the fifteenth day before said nominating election, printing
and delivering first so far as practicable, the pamphlets for the counties
in the order of their distance from the state capital. At the time of
delivering the copy to the State Printer, the Secretary of State shall
order the number of copies he estimates will be necessary for each
county.
Section 5. The several county clerks shall obtain the postoffice
address of each voter who registers and on the seventeenth day pre-
ceding the nominating election said county clerks shall mail to the
Secretary of State the name, postoffice address, and party registration of
every voter registered at that time in their respective counties; immedi-
ately on the close of registration for such nominating election, and again
at the close of registration for the general election, they shall deliver to
the Secretary of State the postoffice address and party registration of
every voter who registers during the said interval. At least eight days
before the regular biennial primary nominating election, the Secretary of
State shall forward by mail to every voter who is registered as a member
of one of the several political parties required to nominate their candi-
date at such nominating election, a copy of the pamphlet of his political
party, containing the names and statements herein provided for. The
pages of the pamphlets required by this act shall be six by nine inches in
size, and the printed matter therein shall be set in eight point Roman
faced type, single leaded, and twenty-five ems pica in width, with proper
heads. In the foot margin of every page of the party pamphlets for
nominating election shall be shown the authority for the information
therein, as "This information furnished by (name of candidate or name
of his friends or opponents)," as the case may be. In the foot margin
of every page of the pamphlet herein provided for the general election
shall be shown the authority for the statements thereof, as "This in-
formation furnished by (title of committee or managing agent of the
political party or name of the independent candidate)," as the case
may be.
Section 6. Not later than the thirtieth day before the regular
biennial general election the state executive committee or managing
officers of any political party or organization having nominated candi-
80 Pamphlet Containing Measures to be
dates, but no others except independent candidates, may file with th«
Secretary of State portrait cuts of its candidates and typewritten state-
ments and arguments for the success of its principles and the election
of its candidates, and opposing or attacking the principles and candi-
dates of all other parties. Not later than the twenty-eighth day before
said general election the Secretary of State shall deliver to the State
Printer properly compiled and prepared for printing, the said portrait
cuts, statements and ai'guments, with an order for the number of pamph-
let copies of the same necessary to supply one, at least, complete as to
the candidates to be voted for in any county for which the same may be
designed, for every registered voter within the State of Oregon. The
State Printer shall begin delivering said pamphlets to the Secretary of
State as soon as possible, and shall complete the same within twelve
days. The Secretary of State shall begin mailing the pamphlets to the
voters of the state as soon as they are delivered to him, and shall com-
plete the mailing on or before the tenth day before said general election.
Section 7. All the portrait cuts, statements and arguments of all
the political parties and independent candidates shall be bound together
in one pamphlet, and no party shall have more than twenty-four pages,
nor an independent candidate more than two pages therein. The political
parties and independents shall pay to the Secretary of State for the public
treasury for said pamphlet at the time of filing their copy with him,
at the rate of fifty dollars for each printed page of space in said pamphlet
used by such party or independent candidate. The provisions of the
preceding sections requiring estimates of the number of pamphlets for
each county, limitations on the candidates' names, statements and pic-
tures to be included in the pamphlets going to each county, and the man-
ner of distribution, shall apply in like manner to the pamphlets herein
provided for the general election.
Section 8. No sums of money shall be paid and no expenses author-
ized or incurred by or on behalf of any candidate who has received th^e
nomination to any public office or position in this state, except such
as he may contribute towards payment for liis political party's or inde-
pendent statement in the pamphlet herein provided for, to be paid by
him in his campaign for election, in excess of ten per cent of one year's
salary or compensation of the office for which he is nominated; pro-
vided, that no candidate shall be restricted to less than one hundred dol-
lars. No sum of money shall be paid and no expenses authorized or
incurred by or on behalf of any political party or organization to pro-
mote the success of the principles or candidates of such party or organ-
ization, contrary to the provisions of this act. For the purposes of this
act the contribution, expenditure or liability of a descendant, ascendant,
brother, sister, uncle, aunt, nephew, niece, wife, partner, employer, em-
ploye or fellow official or fellow employe of a corporation shall be
deemed to be that of the candidate himself.
Section 9. In cities of more than ten thousand population, any
candidate for nomination or election to any elective municipal office may
Submitted to Voters of Oregon June 1, 1908 81
file with the City Clerk, Auditor or Recorder, not later than the fifteenth
day before the municipal primary nominating election, a statement of
the reasons why he should be nominated and elected, and portrait cut
If he desires, on the conditions hereinafter set forth. Such candidate
shall pay for the services herein provided at the rate of twenty dollars
for each printed page of space; no payment shall be received for less
than a full page. All payments made under this section shall be made
to the City Clerk, Auditor or Recorder at the time the statement is
offered to him for filing, and sha;il be by him paid into the general fund
in the city treasury. The City Clerk, Auditor or Recorder shall properly
compile, edit, prepare and index said statements and arguments for
printing, and if there shall be any municipal measures to be voted upon
at the ensuing municipal election he may bind in with said pamphlet a
copy of each and of the arguments submitted thereon in like manner as
the Secretary of State is required to do in state elections, and shall
cause the same to be printed in the same manner that other city print-
ing is done, and have them all bound under one cover; and he shall, at
least eight days before the regular nominating election, forward a copy
of said pamphlet with postage fully prepaid, to each voter in the city
whose postoffice address he may have or can obtain from the city direc-
tory, registration books or otherwise. The provisions of this section
shall not apply to cities of less than ten thousand inhabitants, as shown
by the census next preceding such municipal election. The provisions of
the preceding sections for statements opposing candidates shall apply
also to municipal elections, under this section, subject to the same rules
of filing, payments, etc., required of candidates' statements by this
section.
Section 10. Terms used in this act shall be construed as follows,
unless other meaning is clearly apparent from the language or context,
or unless such construction is inconsistent with the manifest intent of
the law:
"Persons" shall apply to any individual, male or female, and, where
consistent with collective capacity, to any committee, firm, partnership,
club, organization, association, corporation, or other combination of
individuals.
"Candidate" shall apply to any person whose name is printed on
an official ballot for public office, or whose name is expected to be or has
been presented for public office, with his consent, for nomination or
election.
"Political agent" shall apply to any person who, upon request or
under agreement, receives or disburses money in behalf of a candidate.
"Political committee" shall apply to every combination of two or
more persons who shall aid or promote the success or defeat of a candi-
date, or a political party or principle, and the provisions of law relating
thereto shall apply to any firm or partnership, to any corporation, and
to any club, organization, association, or other combination of persons.
82 Pamphlet Containing Measures to be
whether incorporated or not, with similar purposes, whether primary
or incidental.
"Public office" shall apply to any national, state, county or city
office to which a salary attaches and which is filled by the voters, as well
as to the office of presidential elector,- United States Senator, or pre-
siding officer of either branch of the Legislature.
"Give," "provide," "expend," "contribute," receive," "ask," "solicit,"
and like terms, with their corresponding nouns, shall apply to money,
its equivalent, or any other valuable thing; shall include the promise,
advance, deposit, borrowing, or loan thereof, and shall cover all or any
part of a transaction, whether it be made directly or indirectly.
None of the provisions of this act shall be construed as relating to
the rendering of services by speakers, writers, publishers, or others, for
which no compensation is asked or given; nor to prohibit expenditure
by committees of political parties or organizations for public speakers,
music, halls, lights, literature, advertising, office rent, printing, postage,
clerk hire, challengers or watchers at the polls, traveling expenses, tele-
graphing or telephoning, or the making of poll lists.
Section 11. Every candidate for nomination or election to public
office, including candidates for the office of Senator of the United States,
shall, within fifteen days after the election at which he was a candidate,
file with the Secretary of State, if a candidate for Senator of the United
States, Representative in Congress, or for any state or district office in a
district composed of one or more counties, or for members of the Legis-
lative Assembly from a district composed of more than one county, but
with the County Clerk for legislative districts composed of not more than
one county, and for county and precinct offices, and with the Town Clerk,
Auditor or Recorder, of the town or city in which he resides if he was a
candidate for a town, city or ward office, an itemized sworn statement
.setting forth in detail all the moneys contributed, expended or promised
by him to aid and promote his nomination or election, or both, as the
case may be, and for the election of his party candidates, and all existing
unfulfilled promises of every character^ and all liabilities remaining un-
canceled and in force at the time such statement is made, whether sucn
expenditures, promises and liabilities were made or incurred before, dur-
ing or after such election. If no money or other valuable thing was
given, paid, expended, contributed, or promised, and no unfulfilled lia-
bilities were incurred by a candidate for public office to aid or promote
his nomination or election, or the election of his party candidates, he
shall file a statement to that effect within fifteen days after the election
at which he was a candidate. Any candidate who shall fail to file such
a statement shall be fined twenty-five dollars for every day on which he
was in default, unless he shall be excused by the court. Fifteen days
after any such election the Secretary of State, or County Clerk, Town
Clerk, Auditor or Recorder, as the case may be, shall notify Ihe District
Attorney of any failure to file such a statement on the part of any can-
Submitted to Voters of Oregon June 1, 1908 83
didate, and within ten days thereafter such prosecuting officer shall pro-
ceed to prosecute said candidate for such offense.
Section 12. Every political committee shall have a treasurer, who
is a voter, and shall cause him to keep detailed accounts of all its re-
ceipts, payments and liabilities. Similar accounts shall be kept by every
person, who in the aggregate receives or expends money or incurs lia-
bilities to the amount of more than fifty dollars for political purposes and
by every political agent and candidate. Such accounts shall cover all
transactions in any way affecting or connected with the political canvass,
campaign, nomination or election concerned. Every person receiving or
expending money or incurring liability by authority or in behalf of or to
promote the success or defeat of such committee, agent, candidate or
other person or political party or organization, shall, on demand, and
in any event within fourteen days after such receipt, expenditure or
incurrence of liability, give such treasurer, agent, candidate or other
person on whose behalf such expense or liability was incurred detailed
account thereof, with proper vouchers. Every payment, except payments
less in the aggregate than five dollars to any person, shall be vouched
for by a receipted bill stating the particulars of expense. Every voucher,
receipt and account hereby required shall be a part of the accounts and
files of such treasurer, agent, candidate or other person, and shall be
preserved by the public officer with whom it shall be filed for six months
after the election to which it refers. Any person not a candidate for
any office or nomination who expends money or value to an amount
greater than fifty dollars in any campaign for nomination or election,
to aid in the election or defeat of any candidate or candidates, or party
ticket, or measure before the people, shall within ten days after the elec-
tion in which said money or value was expended, file with the Secretary
of State in the case of a measure voted upon by the people, or of state
or district offices for districts composed of one or more counties, or
with the County Clerk for county offices, and with the City Clerk,
Auditor or Recorder for municipal offices, an itemized statement of
such receipts and expenditures and vouchers for every sum paid in
excess of five dollars, and shall at the same time deliver to the candi-
date or treasurer of the political organization whose success or defeat
he has sought to promote, a duplicate of such statement and a copy of
such vouchers. The books of account of every treasurer of any political
party, committee or organization, during an election campaign, shall be
open at all reasonable office hours to the inspection of the treasurer and
chairman of any opposing political party or organization for the same
electoral district; and this right of inspection may be enforced by writ
of mandamus by any court of competent jurisdiction.
Section 13. The Secretary of State shall, at the expense of the
state, furnish to the County Clerk, and to the City and Town Clerks,
Auditors and Recorders, copies of this act as a part of the election laws.
In the filing of a nomination petition or certificate of nomination, the
Secretary of State, in the case of state and district offices for districts
84 Pamphlet Containing Measures to be
composed of one or more counties, and County Clerks for county offices,
and the City and Town Clerks, Auditors or Recorders for municipal
offices, shall transmit to the several candidates, and to the treasurers of
political committees, and to political agents, as far as they may be
known to such officer, copies of this act, and also to any other person
required to file a statement such copies shall be furnished upon applica-
tion therefor. Upon his own information, or at the written request of
any voter, said Secretary of State shall transmit to any other person be-
lieved by him or averred to be a candidate, or who may otherwise be
required to make a statement, a copy of this act.
Section 14. The several officei's with whom statements are required
to be filed shall inspect all statements of accounts and expenses relating
to nominations and elections filed with them within ten days after the
same are filed; and if upon examination of the official ballot it appears
that any person has failed to file a statement as required by law, or if it
appears to any such officer that the statement filed with him does not
conform to law, or upon complaint in writing by a candidate or by a
voter that a statement filed does not conform to law or to the truth, or
that any person has failed to file a statement which he is by law required
to file, said officer shall forthwith in writing notify the delinquent per-
son. Every such complaint filed by a citizen or candidate shall state in
detail the grounds of objection, shall be sworn to by the complainant,
and shall be filed with the officer within sixty days after the filing of the
statement or amended statement. Upon the written request of a candi-
date or any voter, filed within sixteen days after any convention, primary
or nominating election, said Secretary of State, County Clerk, City or
Town Clerk, Auditor or Recorder, as the case may be, shall demand from
any specified person or candidate a statement of all his receipts, aiid
from whom received, disbursements and liabilities in connection with or
in any way relating to the nomination or election concerned, whether it
is an office to which a salary or compensation is attached or not, and said
person shall thereupon be required to file such statement and to comply
with all the provisions relating to statements herein contained. Who-
ever makes a statement required by this act shall make oath attached
thereto that it is in all respects correct, complete, and true, to the best
of his knowledge and belief, and said verification shall be substantially
the form herein provided.
Section 1.5. Upon the failure of any person to file a statement
within ten days after receiving notice under the preceding section, or if
any statement filed as above discloses any violation of any provision of
this act relating to corrupt practices in elections, or in any other pro-
vision of the election laws, the Secretary of State, the County Clerk, or
the City Clerk, Auditor or Recorder, as the case may be, shall forthwith
notify the District Attorney of the district where said violation occurred
and shall furnish him with copies of all papers relating thereto, and said
District Attorney shall within sixty days thereafter examine evpry such
case, and if the evidence seeiqs to him to be sufficient undpr the pro
Submitted to Voters of Oregon June 1, 1908 85
visions of this act he shall in the name of the state forthwith institute
such civil or criminal proceedings as may be appropriate to the facts.
Section 16. The circuit court of the county in which any state-
ment of accounts and expenses relating to nominations and elections
should be filed, unless herein otherwise provided, shall have exclusive
original jurisdiction of all violations of this act, and may compel any per-
son who fails to file such a statement as required by this act, or who
files a statement which does not conform to the provisions of this act in
respect to its truth, sufficiency in detail or otherwise, to file a sufficient
statement, upon the application of the Attorney-General or of the Dis-
trict Attorney, or the petition of a candidate or of any voter. Such peti-
tion shall be filed in the circuit court within sixty days after such elec-
tion if the statement was filed within the fifteen days required, but such
a petition may be filed within thirty days after any payment not in-
cluded in the statement so filed.
Section 17. All statements shall be preserved for six months after
the election to which they relate, shall be public records subject to
public inspection, and it shall be the duty of the officers having custody
of the same to give certified copies thereof in like manner as of other
public records. The totals of *ach statement filed with him, with the
name of the person or candidate filing it, shall be published in the next
annual report of the Secretary of State, the County Clerk or the City
Clerk, Auditor or Recorder, as the case may be.
Section 18. No person shall make a payment of his own money or
of another person's money to any other person in connection with a nomi-
nation or election in any other name than that of the person who in truth
supplies such money; nor shall any person knowingly receive such pay-
ment, or enter or cause the same to be entered in his accounts or records
In another name than that of the person by whom it was actually fur-
nished; provided, if the money be received from the treasurer of any
political organization it shall be sufficient to enter the same as received
from said treasurer.
Section 19. No person shall, in order to aid or promote his nomi-
nation or election, directly or indirectly, himself or through any otheir
person, promise to appoint another person, or promise to secure or aid
in securing the appointment, nomination or election of another person
to any public or private position or employment, or to any position of
honor, trust or emolument, except that he may publicly announce or de-
fine what is his choice or purpose in relation to any election in which he
may be called to take part, if elected, and if he is a candidate for nomi-
nation or election as a member of the Legislative Assembly he may
pledge himself to vote for the people's choice for United States Senator,
or state what his action will be on such vote.
Section 20. No holder of a public position or office other than an
office filled by the voters, shall pay or contribute to aid or promote the
nomination or election of any other person to public office. No person
86 Pamphlet Containing Measures to be
shall invite, demand or accept payment or contribution from such holder
of a public position or office for campaign purposes.
'Section 21. No holder of a public position other than an office filled
by the voters shall be a delegate to a convention for the election district
that elects the officer or board under whom he directly or indirectly
holds such position, nor shall he be a member of a political committee
for such district.
Section 22. No person shall invite, offer or effect the transfer of
any convention credential in return for any payment of money or other
valuable thing.
Section 23. No person shall pay, or promise to reward another in
any manner or form for the purpose of inducing him to be or refrain
from or cease being a candidate, and no person shall solicit any payment,
promise or reward from another for such purpose.
Section 24. No person shall demand, solicit, ask or invite any pay-
ment or contribution for any religious, political, charitable or other
cause or organization supposed to be primarily or principally for the
public good, from a person who seeks to be or has been nominated or
elected to any office; and no such candidate or elected person shall make
any such payment or contribution if it shall be demanded or asked dur-
ing the time he is a candidate for nomination or election to or an incum-
bent of any office. No payment or contribution for any purpose shall be
made a condition precedent to the putting of a name on any caucus or
convention ballot or nomination paper or petition, or to the performance
of any duty imposed by law on a political committee. No person shall
demand, solicit, ask or invite any candidate to subscribe to the support
of any club or organization, to buy tickets to any entertainment or ball,
or to subscribe for or pay for space in any book, program, periodical or
other publication; if any candidate shall make any such payment or
contribution with apparent hope or intent to influence the result of the
election, he shall be guilty of a corrupt practice; but this section shall
not apply to the soliciting of any business advertisement for insertion
in a periodical in which such candidate was regularly advertising prior
to his candidacy nor to ordinary business advertising nor to his regular
payment to any organization, religious, charitable or otherwise of which
he may have been a member, or to which he may have been a contrib-
utor, for more than six months before his candidacy nor to ordinary
contributions at church services.
Section 25. No corporation, and no person, trustee, or trustees
owning or holding the majority of the stock of a corporation carrying
on the business of a bank, savings bank, co-operative bank, trust, trustee,
surety, indemnity, safe deposit. Insurance, railroad, street railway, tele-
graph, telephone, gas, electric light, heat, power, canal, aqueduct;
water, cemetery, or crematory company, or any company having the right
to take or condemn land or to exercise franchises in public ways granted
by the state or by any county, city or town shall pay or contribute in
order to aid, promote or prevent the nomination or election of any per-
Submitted to Voters of Oregon June 1, 1908 87
son, or in order to aid or promote the interests, success or defeat of any
political party or organization. No person shall solicit or receive such
payment or contribution from such coi-poration or such holders of a
majority of such stock.
Section 26. Any person or candidate who shall either by himself
or by any other person, either before or after an election, or while such
person or candidate is seeking a nomination or election, directly or in-
directly, give or provide, or pay, wholly or in part, the expenses of giving
or providing any meat or drink or other entertainment or provision,
clothing, liquors, cigars or tobacco, to or for any person for the purpose
of or with intent or hope to influence that person or any other person
to give or refrain from giving his vote at such election to or for any
candidate or political party ticket, or measure before the people, or on
account of such person or any other person having voted or refrained
from voting for any candidate or the candidates of any political party
or organization or measure before the people, or being about to vote or
refrain from voting at such election, shall be guilty of treating. Every
elector who accepts or takes any such meat, drink, entertainment, provi-
sion, clothing, liquors, cigars or tobacco, shall also be guilty of treating;
and such acceptance shall be a ground of challenge to his vote and of
rejecting his vote on a contest.
Section 27. Section 2775 of Bellinger and Cotton's Annotated
Codes and Statutes of Oregon shall be and the same is hereby amended
to read as follows:
Sec. 2775. Whenever any person's right to vote shall be challenged,
and he has taken the oath prescribed by section 2774, and if it is at a
nominating election, then with the addition of the words "and that I
am in good faith a member of the political party with which I am regis-
tered" it shall be the duty of the clerks of election to write in the poll
books at the end of such person's name the words "challenged and
sworn," with the name of the challenger. Thereupon the chairman of
the board of judges shall write upon the back of the ballot offered by
such challenged voter the number of his ballot, in order that the same
may be identified in any future contest of the results of the election, and
be cast out if it shall appear to the court to have been for any reason
wrongfully or illegally voted for any candidate or on any question. And
such marking of the name of such challenged voter, nor the testimony
of any judge or clerk of election in reference thereto, or in reference to
the manner in which said challenged person voted, if said testimony
shall be given in the course of any contest, investigation or trial wherein
the legality of the vote of such person is questioned for any reason, shall
not be deemed a violation of section 2829 of Bellinger and Cotton's
Annotated Codes and Statutes of Oregon.
Section 28. Every person who shall directly or indirectly, by him-
self or any other person in his behalf, make use of or threaten to make
^se of any force, coercion, violence, restraint, or undue influence, or in-
88 Pamphlet Containing Measures to be
flict or threaten to inflict, by himself or any other person, any temporal
or spiritual injury, damage, harm, or loss upon or against any person
in order to induce or compel such person to vote or refrain from voting
for any candidate or the ticket of any political party, or any measure
before the people, or any person who, being a minister, preacher or
priest, or any officer of any church, religious or other corporation or or-
ganization, otherwise than by public speech or print, shall urge, per-
suade or command any voter to vote or refrain from voting for or
against any candidate or political party ticket or measure submitted to
the people, for or on account of his religious duty, or the interest of any
corporation, church or other organization, or who shall by abduction,
duress or any fraudulent contrivance, impede or prevent the free exer-
cise of the franchise by any voter at any election, or shall thereby com-
pel, induce or prevail upon any elector to give or to refrain from giving
his vote at any election, shall be guilty of undue influence, and shall be
punished as for a corrupt practice.
Section 29. Any candidate who, before or during any election cam-
paign, makes any bet or wager of anything of pecuniary value, or in any
manner becomes a party to any such bet or wager on the result of the
election in his electoral district, or in any part thereof, or on any event
or contingency relating to any pending election, or who provides money
or other valuable to be used by any person in betting or wagering upon
the results of any impending election, shall be guilty of a corrupt prac-
tice. Any person who, for the purpose of influencing the result of any
election makes any bet or wager of anything of pecuniary value on the
result of such election in his electoral district or any part thereof, or
of any pending election, or on any event or contingency relating thereto
shall be guilty of a corrupt practice, and in addition thereto any such act
shall be a ground of challenge against his right to vote.
Section 30. Any person shall be deemed to be guilty of the offense
of personation who, at any election, applies for a ballot in the name of
some other person, whether it be that of a person living or dead, or of
a fictitious person, or who having voted once at an election applies at
the same election for a ballot in his own name; and on conviction thereof
such person shall be punished by imprisonment in the penitentiary at
hard labor for not less than one nor more than three years.
Section 31. Any person shall be guilty of a corrupt practice within
the meaning of this act if he expends any money for election purposes
contrary to the provisions of any statute of this state, or if he is guilty
of treating, undue influence, personation, the giving or promising to
give, or offer of any money or valuable thing to any elector with Intent
to induce such elector to vote for or to refrain from voting for any can-
didate for public office, or the ticket of any political party or organiza-
tion, or any measure submitted to the people, at any election, or to regis-
ter or refrain from registering as a voter at any state, district, county,
city, town, village or school district election for public offices or on
Submitted to Voters of Oregon June 1, 1908 89
public measures. Such corrupt practice shall be deemed to be prevalent
when instances thereof occur in different election districts similar in
character and sufficient in number to convince the court before which
any case involving the same may be tried that they were general and
common, or were pursuant to a general scheme or plan.
Section 32. It shall be unlawful for any person to pay another for
any loss or damage due to attendance at the polls, or in registering, or
for the expense of transportation to or from the polls. No person shall
pay for personal service to be performed on the day of a caucus, primary,
convention, or any election, for any purpose connected therewith, tending
in any way, directly or indirectly, to affect the result thereof, except for
the hiring of persons whose sole duty is to act as challengers and watch
the count of official ballots. No person shall buy, sell, give or provide
any political badge, button or other insignia to be worn at or about the
polls on the day of any election, and no such political badge, button or
other insignia shall be worn at or about the polls on any election day.
Section 33. No publisher of a newspaper or other periodical shall
insert, either in its advertising or reading columns, any paid matter
which is designed or tends to aid, injure or defeat any candidate or po-
litical party or organization, or measure before the people, unless it is
stated therein that it is a paid advertisement, the name of the chairman
or secretary, or the names of the other officers of the political or other
organization inserting the same, or the name of some voter who is re-
sponsible therefor, with his residence and the street and number thereof,
if any, appear in such advertisement in the nature of a signature. No
person shall pay the owner, editor, publisher or agent of any newspaper
or other periodical to induce him to editorially advocate or oppose any
candidate for nomination or election, and no such owner, editor, pub-
lisher or agent shall accept such payment. Any person who shall violate
any of the provisions of this section shall be punished as for a corrupt
practice.
Section 34. It shall be unlawful for any person at any place on
the day of any election to ask, solicit, or in any manner try to induce
or persuade any voter on such election day to vote for or refrain from
voting for any candidate, or the candidates or ticket of any political
party or organization, or any measure submitted to the people, and upon
conviction thereof he shall be punished by fine of not less than five dol-
lars nor more than one hundred dollars for the first offense, and for the
second and each subsequent offense occurring on the same or different
election days, he shall be punished by fine as aforesaid, or by imprison-
ment in the county jail for not less than five nor more than thirty days,
or by both such fine and imprisonment.
Section 35. It shall be unlawful to write, print, or circulate through
the mails or otherwise any letter, circular, bill, placard or poster relating
to any election or to any candidate at any election, unless the same shall
bear on its face the name and address of the author, and of the printer
90 Pamphlet Containing Measures to be
and publisher thereof; and any person writing, printing, publishing, cir-
culating, posting, or causing to be written, printed, circulated, posted or
published any such letter, bill, placard, circular or poster as aforesaid,
which fails to bear on its face the name and address of the author and
of the printer or publisher, shall be guilty of an illegal practice, and
shall, on conviction thereof, be punished by fine of not less than ten
dollars nor more than one thousand dollars. If any letter, circular,
poster, bill, publication or placard shall contain any false statement or
charges reflecting on any candidate's character, morality or integrity,
the author thereof and every person printing or knowingly assisting in
the circulation thereof shall be guilty of political criminal libel and upon
conviction thereof shall be punished by imprisonment in the peniten-
tiary for not less than one nor more than three years. If the person
charged with such crime shall prove on his trial that he had reasonable
ground to believe such charge was true and did believe it was true, and
that he was not actuated by malice in making such publication, it shall
be a sufficient defense to such charge. But in that event, and as a part
of such defense, the author and the printer or publisher or other person
charged with such crime shall also prove that, at least fifteen days before
such letter, circular, poster, bill or placard containing such false state-
ment or statements was printed or circulated, he or they caused to be
served personally and in person upon the candidate to whom it relates a
copy thereof in writing, and calling his attention particularly to the
charges contained therein, and that, before printing, publishing or cir-
culating such charges, he received and read any denial, defense or ex-
planation, if any, made or offered to him in writing by the accused can-
didate within ten days after the service of such charge upon the accused
person.
Section 36. The name of a candidate chosen at a primary nomi-
nating election or otherwise, shall not be printed on the official ballot
for the ensuing election unless there has been filed by or ou behalf of
said candidate the statements of accounts and expenses relating to nomi-
nations required by this act, as well as a statement by his political agent
and by his political committee or committees in his behalf, if his state-
ment discloses the existence of such agent, committee or committees.
The officer or board entrusted by law with the preparation of the official
ballots for any election shall, as far as practicable, warn candidates of
the danger of the omission of their names by reason of this provision,
but delay in making any such statement beyond the time prescribed shall
not preclude its acceptance or prevent the insertion of the name on the
ballot if there is reasonable time therefor after the receipt of such state-
ments. Any such vacancy on the ballot shall be filled by the proper com-
mittee of his political party in the manner authorized by law, but not by
the use of the name of the candidate who failed to file such statements.
No person shall receive a certificate of election until he shall have filed
the statements required by this act.
Submitted to Voters of Oregon June 1, 1908 91
Section 37. It shall be unlawful for any person to accept, receive;
or pay money or any valuable consideration for becoming or for refrain-
ing from becoming a candidate for nomination or election, or by him-
self or in combination with any other person or persons to become a can-
didate for the purpose of defeating the nomination or election of any
other person and not with a bona fide intent to obtain the office. Upon
complaint made to any circuit court, if the judge shall be convinced that
any person has sought the nomination or seeks to have his name pre-
sented to the voters as a candidate for nomination by any political party
for any mercenary or venal consideration or motive, and that his candi-
dacy for the nomination is not in good faith, the judge shall forthwith
issue his writ of injunction restraining the officer or officers whose duty
it is to prepare the official ballots for such nominating election from
placing the name of such person thereon as a candidate for nomination
to any office. In addition thereto the court shall direct the District
Attorney to institute criminal proceedings against such person or per-
sons for corrupt practice, and upon conviction thereof he and any person
or persons combining with him shall be punished by a fine of not more
than one thousand dollars, or imprisonment in the county jail for not
more than one year.
Section 38. Where, upon the trial of any action or proceeding un-
der the provisions of this act for the contest of the right of any person
declared nominated or elected to any office, or to annul or set aside such
nomination or election, or to remove a person from his office, it appears
from the evidence that the offense complained of was not committed by
the candidate, or with his knowledge or consent, or was committed with-
out his sanction or connivance, and that all reasonable means for pre-
venting the commission of such offense at such election were taken by
and on behalf of the candidate, or that the offense or offenses complained
of were trivial, unimportant and limited in character, and that In all
other respects his participation in the election was free from such
offenses or illegal acts, or that any act or omission of the candidate
arose from inadvertence or from accidental miscalculation, or from some
other reasonable cause of a like nature and in any case did not arise
from any want of good faith, and under the circumstances it seems to
the court to be unjust that the said candidate shall forfeit his nomination
or office or be deprived of any office of which he is the incumbent, then
the nomination or election of such candidate shall not by reason of such
offense or omission complained of be void, nor shall the candidate be
removed from or deprived of his office.
Section 39. If, upon the trial of any action or proceeding under the
provisions of this act, for the contesting of the right of any person de-
clared to be nominated to an office, or elected to an office, or to annul
and set aside such election, or to remove any person from his office, it
shall appear that such person was guilty of any corrupt practice, illegal
act, or undue influence in or about such nomination or election, he shall
92 Pamphlet Containing Measures to be
be punished by being deprived of the nomination or office, as the case
may be, and the vacancy therein shall be filled in the manner provided
by law. The only exception to this judgment shall be that provided in
section 38 of this act. Such judgment shall not prevent the candidate or
officer from being proceeded against by indictment or criminal informa-
tion for any such act or acts.
Section 40. Any action to contest the right of any person declared
elected to an office, or to annul and set aside such election, or to remove
from or deprive any person of an office of which he is the incumbent, for
any offense mentioned in this act, must, unless a different time be stated,
be commenced within forty days after the return day of the election at
which such offense was committed, unless the ground of the action or
proceeding is for the illegal payment of money or other valuable thing
subsequent to the filing of the statements prescribed by this act, in which
case the action or proceeding may be commenced within forty days after'
the discovery by the complainant of such illegal payment. A contest of
the nomination or office of Governor or Representative or Senator in
Congress must be commenced within twenty days after the declaration
of the result of the election, but this shall not be construed to apply to
any contest before the Legislative Assembly.
Section 41. An application for filing a statement, payment of a
claim or correction of an error or false recital in a statement filed, or an
action or proceeding to annul and set aside the election of any person
declared elected to an office, or to remove or deprive any person of his
office for an offense mentioned in this act, or any petition to excuse any
person or candidate in accordance with the power of the court to excuse
as provided in section 38 of this act, must be made or filed in the
circuit court of the county in which the certificate of his nomination as
a candidate for the office to which he is declared nominated or elected is
filed or in which the incumbent resides. ^
Section 42. A candidate nominated or elected to an office, and
whose nomination or election thereto has been annulled and set aside for
any offense mentioned in this act, shall not, during the period fixed by
law as the term of such office, be elected or appointed to fill any office
or vacancy in any office or position of trust, honor or emolument under
the laws of the State of Oregon or of any municipality therein. Any
appointment or election to any office or position of trust, honor or
emolument made in violation of or contrary to the provisions of this
act shall be void.
Section 43. If any District Attorney shall be notified by any officer
or other person of any violation of any of the provisions of this act
within his jurisdiction, it shall be his duty forthwith to diligently inquire
into the facts of such violation, and if there is reasonable ground for
instituting a prosecution it shall be the duty of such District Attorney to
file a complaint or information in writing, before a court of competent
jurisdiction, charging the accused person with such offense; if any Dis-
Submitted to Voters of Oregon June 1, 1908 93
trict Attorney shall fail or refuse to faithfully perform any duty imposert
upon him by this act, he shall be deemed guilty of a misdemeanor, and
upon conviction thereof shall forfeit his office. It shall be the duty of
the District Attorney, under penalty of forfeiture of his office, to pros-
ecute any and all persons guilty of any violation of the provisions of this
act, the penalty of which is fine or imprisonment, or both, or removal
from office.
Section 44. If, in any case of a contest on the ground of illegal
votes, it appears that another person than the one returned has the
highest number of legal votes, after the illegal votes have been elim-
inated, the court must declare such person nominated or elected, as the
case may be.
Section 45. Any elector of the state, or of any political or munici-
pal division thereof, may contest the right of any person to any nomi-
nation or office for which such elector has the right to vote, for any of
the following causes:
1. On the ground of deliberate, serious and material violation of
any of the provisions of this act, or of any other provision of the law
relating to nominations or elections.
2. When the person whose right was contested was not, at the
time of the election, eligible to such office.
3. On account of illegal votes, or an erroneous or fraudulent count
or canvass of votes.
Section 4G. Nothing in the third ground of contest specified in
section 45 is to be so construed as to authorize a nomination or election
to be set aside on account of illegal votes, unless it appear, either that
the candidate or nominee whose right is contested had knowledge of, or
connived at such illegal votes, or that the number of illegal votes given
to the person whose right to the nomination or office is contested, If
taken from him, would reduce the number of his legal votes below the
number of votes given to some other person for the same nomination or
office, after deducting therefrom the illegal votes which may be shown
to have been given to such other person.
Section 47. When the reception of illegal votes is alleged as a
cause of contest, it shall be sufficient to state generally that in one or
more specified voting precincts, illegal votes were given to the person
whose nomination or election is contested, which, if taken from him,
will reduce the number of his legal votes below the number of legal
votes given to some other person for the same office; but no testimony
shall be received of any illegal votes unless the party contesting such
election deliver to the opposite party, at least three days before such
trial, a written list of the number of illegal votes, and by whom given,
which he intends to prove on such trial. This provision shall not pre-
vent the contestant from offering evidence of illegal votes not included in
such statement, if he did not know and by reasonable diligence was
94 Pamphlet Containing Measures to be
unable to learn of such additional illegal votes and by whom they were
given, before delivering such written list.
Section 48. Any petition contesting the right of any person to a
nomination or election shall set forth the name of every person whose
election is contested, and the grounds of the contest, and shall not there-
after be amended, except by leave of the court. Before any proceeding
thereon the petitioner shall give bond to the state in such sum as the
court may order, not exceeding two thousand dollars, with not less than
two sureties, who shall justify in the manner required of sureties on
bail bonds, conditioned to pay all costs, disbursements and attorney's
fees that may be awarded against him if he shall not prevail. If the
petitioner prevails, he may recover his costs, disbursements and reason-
able attorney's fees against the contestee. But costs, disbursements and
attorney's fees, in all such cases, shall be in the discretion of the court,
and in case judgment is rendered against the petitioner it shall also
be rendered against the sureties on the bond. On the filing of any such
petition the clerk shall immediately notify the judge of the court, and
issue a citation to the persons whose nomination or office is contested,
citing them to appear and answer not less than three nor more than
seven days after the date of filing the petition, and the court shall hear
said cauFe, and every such contest shall take precedence over all other
business on the court docket and shall be tried and disposed of with all
convenient dispatch. The court shall always be deemed in session for
the trial of such cases.
Section 49. The petitioner (contestant) and the contestee may
appear and produce evidence at the hearing, but no person other than
the petitioner and contestee shall be made a party to the proceedings on
such petition; and no person other than said parties and their attorneys
shall be heard thereon, except by order of the court. If more than
one petition is pending, or the election of more than one person is^ con-
tested, the court may, in its discretion, order the cases to be heard to-
gether, and may apportion the costs, disbursements and attorney's fees
between them, and shall finally determine all questions of law and fact,
save niily that the judge may in his discretion empanel a jury to decide
on questions of fact. In the case of a contested nomination or election
for Senator or Representative in the Legislative Assembly, or for Sen-
ator or Representative in Congress, the court shall forthwith certify its
findings to the Secretary of State to be by him transmitted to the pre-
siding officer of the body in question. In the case of other nominations
or elections, the court shall forthwith certify its decision to the board
■or official issuing certificates of nomination or election, which board or
official shall thereupon issue certificates of nomination or election to
the person or persons entitled thereto by such decision. If judgment of
ouster against a defendant shall be rendered, said judgment shall award
the nomination or office to the person receiving next the highest number
of votes, unless it shall be further determined in the action, upon appro-
Submitted to Voters of Oregon June 1, 1908 95
priate pleading and proof by the defendant, that some act has been done
or committed which would have been ground in a similar action against
such person, had he received the highest number of votes for such nomi-
nation or office, for a judgment of ouster against him; and if it shall be
so determined at the trial, the nomination or office shall be by the judg-
ment declared vacant, and shall thereupon be filled by a new election,
or by appointment, as may be provided by law regarding vacancies in
such nomination or oifice.
Section 50. In like manner as prescribed for the contesting of an
election, any corporation organized under the laws of or doing business
in the State of Oregon may be brought into court on the ground of de-
liberate, serious and material violation of the provisions of this act. The
petition shall be filed in the circuit court in the county where said cor-
poration has its principal office, or where the violation of law is averred
to have been committed. The court, upon conviction of such corpora-
tion, may impose a fine of not more than ten thousand dollars, or may
declare a forfeiture of the charter and franchises of the corporation if
organized under the laws of this state, or if it be a foreign corporation
may enjoin said corporation from further transacting business in this
state, or by both such fine and forfeiture, or by both such fine and
injunction.
Section 51. Whoever violates any provision of this act, the punish-
ment for which is not specially provided by law, shall on conviction
thereof be punished by imprisonment in the county jail for not more
than one year, or by a fine of not more than five thousand dollars, or
by both such fine and imprisonment.
Section 52. Proceedings under this act shall be advanced on the
docket upon request of either party for a speedy trial, but the court
may postpone or continue such trial if the ends of justice may be thereby
more effectually secured, and in case of such continuance or postpone-
ment the court may impose costs in its discretion as a condition thereof.
No petition shall be dismissed without the consent of the District Attor-
ney, unless the same shall be dismissed by the court. No person shall
be excused from testifying or producing papers or documents on the
ground that his testimony or the production of papers or documents
will tend to criminate him; but no admission, evidence or paper made
or advanced or produced by such person shall be offered or used against
him in any civil or criminal prosecution or any evidence that is the
direct result of such evidence or information that he may have so given
except in a prosecution for perjury committed in such testimony.
Section 53. A petition or complaint filed under the provisions of
this act shall be sufficient if it is substantially in the following form:
96 Pamphlet Containing Measures to be
IN THE circuit COURT OF THE STATE OF OREGON,
For the County of
A. B., (or A. B. and C. D.) Contestants. )
vs. 'r
E. F., Contestee. )
The petition of contestant (or contestants) above named alleges:
That an election was held (in the State, district, county or city of
), on the day of A. D. 190 , for the
(nomination of a candidate for) (or election of a) (State the office.)
That , and were candidates at said
election, and the board of canvassers has returned the said
as being duly nominated (or elected) at said election.
That contestant A. B. voted (or had a right to vote, as the case
may be) at said election (or claims to have had a right to be returned
as the nominee or officer elected or nominated at said election, or was a
candidate at said election, as the case may be), And said contestant C. D.
(here state in like manner the right of each contestant).
And said contestant (or contestants) further allege (here state the
facts and grounds on which the contestants rely).
Wherefore, your contestants pray that it may be determined by the
court that said was not duly nominated (or elected) and
that said election was void (or that the said A. B. or C. D., as the case
may be) was duly nominated (or elected) and for such other and further
relief as the court may seem just and legal in the premises.
Said complaint shall be verified by the affidavit of one of the peti-
tioners in the manner required by law for the verification of complaints
in civil cases.
Section 54. The statement of expenses required from candidates
and others by this act shall be in substantially the following form:
STATE OF OREGON, )
>- ss.
County of )
I, , having been a candidate (or expended money)
at the election for the (State) (district) (county) (city) of
on the day of A. D. 190 being first duly
sworn, on oath do say: That I have carefully examined and read the
return of my election expenses and receipts hereto attached, and to the
best of my knowledge and belief that return is full, correct and true.
And I further state on oath that, except as appears from this re-
turn, I have not, and to the best of my knowledge and belief, no person,
nor any club, society or association, has, on my behalf, whether author-
ized by me or not, made any payment, or given, promised, or offered
any reward, office, employment or position, public or private, or valu-
able consideration, or incurred any liability on account of or in respect
of the conduct or management of the said nomination or election.
And I further state on oath, that, except as specified in this return
I have not paid any money, security, or equivalent for money, nor has
Submitted to Voters of Oregon June 1, 1908 97
any money or equivalent for money to my knowledge or belief been paid,
advanced, given or deposited by any one to or in the hands of myself or
any other person for my nomination or election for the purpose of
paying any expenses incurred on my behalf on account or in respect of
the conduct or management of the said election.
And I further state on oath that I will not, except so far as I may
be permitted by law, at any future time make or be a party to the making
or giving of any payment, reward, office, position or employment, or
valuable consideration for the purpose of defraying any such expenses
or obligations as herein mentioned for or on account of my nomination
or election, or provide or be party to the providing of any money, security
or equivalent for money for the purpose of defraying any such expense.
(Signature of Affiant.)
Subscribed and sworn to before me by the above named
on the day of , A. D. 190
Attached to said affidavit shall be a full and complete account of
the receipts, contributions and expenses of said affiant, and of his sup-
porters of which he has knowledge, with numbered vouchers for all sums
and payment for which vouchers are required as to all money expended
by affiant. The affidavit and account of the treasurer of any committee
or any political party or organization shall be as nearly as may be
in the same form, and so also shall be the affidavit of any person who
has received or expended money in excess of the sum of fifty dollars to
aid in securing the nomination or election or defeat of any candidate,
or of any political party or organization, or of any measure before the
people.
Section 55. Any person who shall knowingly make any false oath
or affidavit where an oath or affidavit is required by this law shall be
deemed guilty of perjury and punished accordingly.
4
98 Pamphlet Containing Measures to be
ARGUMENT
(affirmative)
SUBMITTED BY
THE PEOPLE'S POWER LEAGUE OF OREGON
in favor of the measures designated on the official ballot, as follows:
PROPOSED BY INITIATIVE PETITION
For an amendment to Article II of the Constitution,
giving the voters power to call a special election at
any time to discharge any public officer and elect
his successor. Vote YES or NO.
324. Yes.
325. No.
A bill for a law instrvicting members of the Legisla-
ture to vote for and elect the candidates for United
States Senator who receive the highest number of
votes at the general election.
Vote YES or NO.
326. Yes.
X
327. No.
For constitutional amendment giving the people power
to make laws for election of public officers by ma-
jority vote instead of pluralities; to provide that
political parties and voters' organizations shall be
proportionably represented in all offices filled by the
election of two or more persons, and that a voter
shall vote for only one person for any office, and
may indicate his second, third, etc., choice; and to
provide for a simple method of precinct residence
and registration. Vote YES or NO.
328. Yes.
329. No.
Submitted to Voters of Oregon June 1, 1908 99
A bill for a law to limit the amount of money candi-
dates and otl.ei- persons may contribute or spend in
election campaigns; declaring what shall constitute
corrupting use of money and undue influence in
elections and punishing the same; prohibiting at-
tempts on election day to persuade any voter to vote ■ "♦
for or against any candidate or candidates, or any ' " • ■-
measure submitted to the people; to protect" 'the'
purity of the ballot; furnishing information to voters
concerning candidates and parties, partly at public
expense, and providing for the manner of conduct-
ing election contests. Voti^ YES or NO
. i J ^^T^' '-^^
330. Yes. - ■■■■. o'->:.>i
— J— ;-•
331. No.
THE PEOPLE'S POWER LEAGUE OF OREGON
Offers this Argumeyit to explain, and advocate the approval by the people
of the following measures proposed by the League
by initiative petitions:
Official Ballot No. 324, A Constitutional amendment for the
Recall, giving the voters power to discharge any public officer and elect
his successor.
Official Ballot No. 326, A Bill for a law instructing members of
the Legislature to vote for and elect the candidate for United States
Senator who receives the highest number of votes at the general election.
Official Ballot No. 328, A Constitutional amendment giving the
people power to make laws for election of public olTicers by majority
vote, or by proportional representation of the voters' organizations and
political parties, and also power to make a simple law for precinct resi-
dence and registration of voters.
Official Ballot No. 330, A Bill for a law to limit the amount of
money candidates and other persons may contribute or spend in election
campaigns; to prohibit and punish the corrupting use of money and
undue influence in elections; to protect the purity of the ballot and
furnish information to voters concerning candidates and all political
parties, partly at public expense.
The following list gives the names of the officers, executive com-
mittee and members of the People's Power League on the 3d day of
February, 1908:
OFFICERS.
BEN SELLING, of Portland, President;
GEORGE M. ORTON, of Portland, Vice-President;
B. LEE PAGET, of Portland, Treasurer;
W. S. U'REN, of Oregon City, Secretary.
100
Pamphlet Containing Measures to be
Henry Hahn
I. N. Fleischner
Jonathan Bourne, Jr.
Thomas A. McBride
C. P. Gram
C. G. Huntley
EXECUTIVE COMMITTEE.
Frank Williams
John C. Young
C. S. Jackson •
Geo. W. Riddle
W. C. Bristol
Harry Lane
E. C. Bronaugh
C. E. S. Wood
Thomas G. Greene
D. Solis Cohen
Geo. E. Chamberlain
.John H.- Smith
O. P. Coshow -
Emmett Callahan •"
J. M. Lawrence
M. C. Thorsen
Lee M. Clark
T. M. Leabo
John A. Jeffrey
H. J. Parkison
Alex Sweek
O. D. Teel
Henry Gans
W. S. Halliman
Henry E. McGinn
C. Schuebel
MEMBERS.
W. k'. Newell
F. McKercher
John Bain
E. Lang' , .
Osv/ald West
V. R. Hyde
E. S. J. McAllister
J. H. Page
Rodney L. Glisan
C. A. Barrett
Frank J. Peterson
Joseph Bickner
Max Burgholzer
Herman Wise
F. A. Spencer
W. P. Olds
Thomas O'Day
Charles K. Henry
J. E. Hedges
G. W. Holcomb
W. T. Houser
J. R. Oatfield
P. McDonald
W. A. Worstell
H. W. Drew
F. E. Davidson
Henry Denlinger
William E. Burke
W. R. U'Ren
Thomas N. Strong
Martin Winch
Henry L. Barkley
This League is largely composed of the same group of men who pro-
posed the Initiative and Referendum amendment in 1902, the Direct
Primary Law in 1904, and Home Rule for Cities and other measures of
the People's Power League of 1906. Its object is to complete the dire.ct
power of the voters of Oregon over their state and local government in
all its branches and officers. Many of our members were with Mr. Ed.
Bingham in his agitation for the Australian ballot law and the registra-
tion law.
We believe the approval of the above four measures by the people
will complete the necessary practical methods by which the voters of
Oregon will be able quickly, directly and effectively to use their supreme
power over the officers as well as the laws of our state and local govern-
ment.
By adopting the Recall amendment. No. 324 on the official ballot,
the people will take power to discharge any elected public officer and
choose his successor at a special election; they may do this for any
reason that seems to them sufficient. To get the best service from all
officers at all times, it is as necessary that the people shall be able to
Submitted to Voters of Oregon June 1, 1908 101
discharge any of their public servants as it is that a farmer or any other
employer should have power to discharge his hired man. This amend-
ment Is substantially the Los Angeles method adopted in 1903, and which
has since been followed by many cities in California, including San
Francisco at the November election, 1907; Seattle, Washington, and
Grand Rapids, Michigan, in 1906; Lewlston, Idaho, 1907; all the cities
of Iowa of twenty-five thousand population and over by a general law in
January, 1907. The people of one ward in Los Angeles once discharged
a boodling alderman by this method. It has not been necessary to use
it there since.
We cannot more fitly introduce the bill instructing members of the
Legislature to elect the people's choice for United States Senator than
l)y the following quotation from an editorial of the daily Oregonian of
January 23, 1907, showing the effect of Statement No. 1:
"A MILESTONE IN HISTORY."
"The virtually unanimous ratification by the Legislature of the
popular choice of Mr. Mulkey and Mr. Bourne for United States Senators
marks an epoch in the political history of Oregon. It is not likely that
the precedent thus firmly established will be broken hereafter. The time
of the Legislature will henceforth be devoted to the business of the state:
its only concern with the election of senators will be to fulfill the con-
stitutional form by ratification of an antecedent popular choice. * * *
"Seldom has a body of public men given a finer demonstration of
loyalty to American principles than the Oregon Legislature gave in rati-
fying promptly and decisively the popular election of Senators Mulkey
and Bourne. By doing this they have acknowledged the fundamental
truth upon which our institutions rest, namely: that all power ultimately
resides in the people and that whenever the people choose to exercise
this power directly it is their right to do so. Our legislators have also
acknowledged with noble fidelity to fact and reason, that, high as their
duties may be, they are but the servants or agents of the people, and that
the popular mandates expressed under the forms of law are of binding
obligation upon all public officials. We may therefore say without undue
insistence on its importance, that the ratification by the Oregon Legis-
lature of the popular choice of our senators marks an epoch in the
development of free institutions."
Many politicians are now opposing the people's power to select and
name their United States Senators through the Statement No. 1 pledge
of candidates for the Legislature. They do not offer any better plan, but
only seek to go back to the old legislative methods.
Without some clear, definite, unquestionable and forcible expression
by the people, directly in favor of the principle of Statement No. 1, there
is danger that the professional politicians may win, and thereby cause
102 Pamphlet Containing Measures to be
the J.egislature of Oregon to set another "milestone in history," only
that it will be BACKWARD towards corruption, instead of forward
towards the "development of free institutions."
The real issue at the bottom of the Statement No. 1 contest is
this: Do the people of Oregon want to exercise the power at their gen-
eral elections to select and choose their United States Senators from any
political party or no political party, as it may please the majority?
Having so selected their United States Senator, do the people want their
Legislative Assembly to ratify their choice and elect the candidate they
have selected at their general election? Do they, the people of Oregon,
want their Legislative Assembly to obey their instructions for such rati-
fication and formal election, regardless of whether or not they, the
people of Oregon, have been pleased to select their candidate for United
States Senator and a majority of the members of their Legislative Assem-
bly from the same political party?
Do the people of Oregon want to be master or servant of their
political parties and public officers, and especially of their members of
the Legislative Assembly? Washington, Lincoln, and all the really great
statesmen of America have always placed the people far above all
political parties.
If you vote for this bill, No. 326 on the official ballot, every politician
in Oregon and every member of the Legislative Assembly will know and
remember that you understand and intend to keep the Statement No. 1
power you exercised in 1906 to select your United States Senators; that
you will choose your United States Senators and require the members
of the Legislature to choose and formally elect the candidates whom you
select for that office by the highest number of your votes at your gen-
eral elections.
By voting for the Proportional Representation 'amendment. No. 328
on the official ballot, the people will resume their power to make such
laws as will enable every organization of citizens, as well as every
political party, to elect members of the Legislature in proportion to the
number of its supporters in the district; then if an organization in a
district choosing more than one member, as in Multnomah County, for
example, which elects twelve Representatives, every candidate will be
elected who receives one-twelfth of the votes cast in that district; there-
fore, every organization of one-twelfth or more of the voters would elect
as many representatives as it had twelfths of the voters in that county
or district. But for one organization to elect all the representatives, as it
does under the present system, it must be the only party and have all
the voters.
Under the best methods of electing Representatives by propor-
tional representation, and which the people will have power to adopt in
Oregon if this amendment is approved, every one-sixtieth of the voters
Submitted to Voters of Oregon June 1, 1908 103
in the state will be able to elect one Representative; but to elect fifty-nine
of the sixty Representatives, as one party did at the last election, it must
have fifty-nine of every sixty voters in the state; the people will also have
power, under this amendment, to make la,ws requiring an actual majority
of the votes for the election of any or all public officers. Practical
methods have been invented by which these things are done in some
countries.
In the Legislature of Oregon there are but few men who were
elected because of their special knowledge or experience in the science or
conditions of agriculture, labor, transportation, banking, merchandising,
teaching or preaching. Of the ninety members, eighty-three were elected
principally because they were republicans and seven because they were
democrats.
It might not be quite so bad if only the political parties were justly
represented; but fifty-four thousand men (in round numbers) voting the
republican ticket elected fifty-nine of our sixty Representatives at the
last election, while forty thousand opposition voters, democrats, social-
ists and prohibitionists, were able to elect only one representative.
Until our state constitution is amended no better system of elections
can be adopted. This amendment is not intended to provide a system,
but if it is approved, the voters of the state can then enact laws for
any plans that will get the fairest results in Oregon; also, they will have
power to make a simple registration law.
The Huntley Bill for a law for purity of elections, limitation of can-
didates' expenses and prevention of corrupt practices. No. 330, 331, on thr;
official ballot, is patterned after the very successful British laws of
1883 and 1895 for the same purpose.
Reason is the only safe influence in the politics of a free people.
Promises by candidates or others to appoint voters to desirable offices or
employment, and the secret use of money to influence elections, are
dangerous to liberty, because they are always used for the advantage of
individuals or special interests and classes, and never for the common
good. The right to spend large sums of money publicly in elections tends
to the choice of none but rich men or tools of wealthy corporations to
important offices, and thus deprives the people's government of the ser-
vices of its poorer citizens, regardless of their ability. The primary
purpose of this bill is, as nearly as possible, to prevent the use of any
means but arguments addressed to the voter's reason in the nominations
and elections of Oregon.
President Roosevelt advocates the enactment of laws on the lines of
this bill; it is an effort to give poor men at) equal chance with the men
who are supported by wealth in aspiring for nomination and election to
public office; it aims to prevent the grafting of candidates and public
officers for liquors, contributions, cigars, and other forms of corrupting
104 Pamphlet Containing Measures to be
influence; it prohibits a candidate from spending in his campaigns more
than one-fourth of one year's salary of the office to which he aspires; it
provides for mailing to all registered voters some campaign literature,
partly at the expense of the state; it requires from candidates and their
agents and party committee sworn itemized statements of the money
received and paid out; prohibits corporation contributions; makes cam-
paign committees' books and accounts subject to public examination at
reasonable times; and provides a method for casting out fraudulent
ballots. It is necessarily long and looks complicated. So were the
Australian Ballot and Direct Primary Laws, but they both proved simple
in operation. This will be as simple as those laws: the members of the
People's Power League believe it is as necessary as they were, and will
produce at least as good results.
The bill permits any person to do as much writing, speaking, pub-
lishing or other work, and spend as much time as he wishes, without pay.
for any candidate or political party. Hired workers at the polls are pro-
hibited, except as challengers and to watch the count. It is made un-
lawful for any alleged public benelit scheme, charitable, religious or other-
wise, to beg from candidates or public officers. Candidates and their
friends may electioneer without limit before election day, but on that
day the voter shall be allowed to go to the polls and vote as his own
judgment dictates, absolutely free from solicitation, question, or argu-
ment for votes, either for men, measures or parties. This, of course,
does not prevent any person from giving information to a voter on elec-
tion day when he asks for it, but it must not be offered or volunteered.
No false charges may be lawfully published against a candidate's char-
acter until ten days after a copy has been served personally upon him.
Respectfully submitted to the electors of Oregon by
THE PEOPLE'S POWER LEAGUE OF OREGON. ^
(Endorsed)
Filed February 3, 1908.
F. W. BENSON, Secretary of State.
Submitted to Voters of Oregon June 1, 1908 105
A BILL
To be submitted to the legal electors of the State of
Oregon for their approval or rejection
AT THE
REGULAR general ELECTION
TO BE HELD
On the First Day of June, 1908,
To propose by initiative petition a law for the protection of salmon and
sturgeon in the waters of the Columbia and Sandy rivers and their
tributaries, and prescribing a penalty for a violation of the law.
By initiative petition filed in the office of the Secretary of State, January
30, 1908, in accordance with the provisions of Chapter
226, General Laws of Oregon, 1907.
Printed in pursuance of Section 8 of Chapter 226, Laws of 1907.
Secretary of State.
The following is the form and number in which the question will be
submitted on the official ballot:
PROPOSED BY INITIATIVE PETITION
For an act prohibiting, after August 25th, 1908, fish-
ing for salmon or sturgeon at any time, by any
means, except hook and line, in the Sandy River or
any of its tributaries, or in the Columbia River or
any of its tributaries, at any place up stream from
its confluence with the Sandy River, or with hook
and line during the spawning season. Vote YES or NO.
332. Yes.
333. No.
106 Pamphlet Containing Measures to be
[On Official Ballot, Nos. 332 and 333.]
A BILL
To propose by initiative petition a law for the protection of salmon and
sturgeon in the waters of the Columbia and Sandy rivers and their
tributaries, and prescribing a penalty for a violation of the law.
Be it enacted by the people of the State of Oregon:
Section 1. That after August 2oth, 1908, it shall be unlawful to
catch, take or fish for salmon or sturgeon at any time by any means
whatever, except with hook and line, commonly called angling, from or
in the waters of the Coumbia River or any of its tributaries at any place
up stream or easterly from or of its confluence with the Sandy River, or
from or in the waters of. the Sandy River or any of its tributaries; or
to catch, take or fish for salmon or sturgeon in any manner whatever
during the spawning season in any of the waters of the Columbia Rivsi*
or any of the tributaries thereof at any place up stream from or easterly
of the confluence of said Columbia and Sandy rivers or in any of the
watei-s of said Sandy River or any of its tributaries, at any place up
stream or southerly of the confluence of said Columbia and Sandy rivers.
Section 2. Wherever the word "salmon" is used in this law the same
shall be deemed and held to include Chinook, Steelheads, Bluebacks,
Silversides and all other anadromous species of salmon.
Section 3. That any person, firm or corporation violating any of
the provisions of this law shall be deemed guilty of a misdemeanor, and,
upon conviction thereof, shall be punished by a fine of not less than
$100.00 nor more than $1,000.00 or by imprisonment in the county jail
for not less than twenty-five days nor more than one year or by both
such fine and imprisonment.
Submitted to Voters of Oregon June 1, 1908 107
ARGUMENT
(affirmative)
SUBMITTED BY
THE COLUMBIA RIVER SALMON PROTECTIVE ASSOCIATION
in favor of the measure designated on the official ballot as follows:
PROPOSED BY INITIATIVE PETITION
For an act prohibiting, after August 25th, 1908, fish-
ing for salmon or sturgeon at any time, by any
means, except hook and line, in the Sandy River or
any of its tributaries, or in the Columbia River or
any of its tributaries, at any place up stream from
its confluence v^rith the Sandy River, or with hook
and line during the spaviming season. Vote YES or NO.
332. Yes.
333. No.
ARGUMENT FOR THE BILL TO PROHIBIT FISHING FOR
SALMON IN THE NARROWS OF THE UPPER COLUMBIA.
We, the undersigned, officers of the Columbia River Salmon Protective
Association, hereby submit the following argument in support of the bill
*'For the Protection of Salmon and Sturgeon in the Waters of the Colum-
bia and Sandy Rivers and their Tributaries."
This bill was submitted on the initiative petition to the signers as
follows :
"INITIATIVE PETITION.
"Measure prepared and circulated by the Columbia River Salmon Pro-
tective Association.
"Bill for a law for the better protection of salmon and sturgeon in
the waters of the Columbia and Sandy rivers. ^
"The salmon industry provides employment for 5,000 of our best and
most loyal citizens, and brings into the State $3,000,000 annually; but,
for want of proper protection, the salmon is being rapidly destroyed.
"By prompt* and proper protection, as provided for in this bill, this
industry cannot only be saved but can be built up to such an extent that
108 Pamphlet Containing Measures to be
it will give employment to, and sustain the families of, at least 15,000
of our citizens, and bring $10,000,000 annually into our State.
OFFICERS AND EXECUTIVE COMMITTEE.
George M. Orton, of Portland, President.
Jay Tuttle, of Astoria, Vice-President.
F. E. Beach, of Portland, Treasurer.
H. M. LORNTSEN, of Astoria, Secretary.
Thomas A. McBride, of Oregon City James Withycombe, Corvallis
Wm. I. Vawter, Medford Jas. A. Lackey, Ontario
G. S. Wright, McMinnville C. G. Huntley, Oregon City
Chas. G. Roberts, Portland Wm. Miller, Burns
D. H. Miller, Medford John H. Smith, Astoria
T. B. Kay, Salem Frank Kankkonen, Astoria."
This bill, if it receives the majority vote of the people of Oregon, will
perpetuate the salmon industry of the Columbia.
This bill provides that all fishing for salmon or sturgeon for com-
mercial purposes shall stop in the Columbia or its tributaries, where the
Columbia becomes so narrow that the salmon have no chance to get to
the hatcheries and natural spawning grounds, if fishing is permitted.
Every Nation and State possessing salmon streams, seeing how salmon
were being destroyed by fishing in the narrows of the rivers, has adopted
the principle contained in this bill.
Oregon passed a law in 1901 which stopped fishing for salmon in its
rivers with stationary appliances, and provided for dead lines against
fishing where our rivei's became narrow.
The Columbia was excepted from this law because the power and
influence of the few rich men owning fish wheels in the upper Colum&ia
prevailed against the logic and earnestness of the men who plead for the
preservation of our salmon.
What has been the result of this failure to include the Columbia in
this protective measure?
In the Columbia the salmon are steadily decreasing, especially our
Chinook salmon, the king of all salmon.
In the rivers affected by the law of 1901 the salmon are increasing.
In these rivers, over-fished prior to 1901 by stationary gear and by
fishing in the narrows, the pack of Chinook salmon had fallen to 689,338
pounds. With stationary gear abolished and dead lines drawn at head
of tide, and sometimes below head of tide, there was immediate increase
in number of salmon reaching our hatcheries and spawning grounds.
The salmon were thus given a chance to spawn.
In 1906 in these rivers were packed 3,018,980 pounds of Chinook sal-
mon. That is an increase of 300 per cent over 1901. Other varieties of
salmon likewise increased. And allowing for a certain rise and fall in
the pack on account of peculiar water conditions, which during some
seasons prevent the salmon from ascending to their proper spawning
Submitted to Voters of Oregon June 1, 1908 109
grounds, or later destroy some of the spawn, a steady and encouraging
increase of our salmon in all of our Oregon rivers, excepting the Colum-
bia, can be noted.
As stated, the law of 1901 did not apply to the Columbia. In the
Columbia the salmon pack is decreasing though appliances to catch the
salmon are on the increase. The pack of 1907 fell about 30 per cent
short of the pack of 1906. This decrease is bad. But what is far worse,
is the almost absolute absence of our salmon in the upper Columbia, the
best spawning ground for the best variety of our Chinook salmon.
There is absolute proof that the fish wheels of the upper Columbia
have had of late years an almost absolute monopoly on salmon reaching
the narrows and falls of the Columbia. The State of Washington, not
getting any fish, has closed its four hatcheries on the upper Columbia.
And Oregon is following suit. Where only three or four years ago these
up-river hatcheries got, as many as 20,000 male and female salmon, only
a few hundred are now caught by hatchery officials, and the natural
spawning grounds are also empty of spawn.
What the Legislature of 1901 and subsequent legislatures, for reasons
before mentioned, failed to do for the Columbia, we now ask the people
to do by voting "Yes" on this bill.
Because special privilege and unjust monopoly had so often thwarted
the will of the people in the Legislature, the initiative and referendum
was adopted — the people's direct rule was established. We urge you to
apply the people's rule towards the saving of our fisheries.
A favorable vote for this bill means that 5,000 fishermen on the
Columbia will be enabled to continue to make a living at their accustomed
calling. A favorable vote also means that a great food supply for our
people will be saved to this and future generations, and that about
$5,000,000 invested in the fishing industry of the Columbia will be pre-
served as a standing asset of the wealth of our State.
A vote against this bill means that a few rich fish-wheel ownei's of
the upper Columbia will be permitted for a few more years to pile up
great wealth at the cost of the destruction of one of Oregon's greatest
industries, the salmon fisheries.
Again we urge upon you to vote "Yes" on this bill.
G. M. ORTON, F. E. BEACH, H. M. LORNTSEN,
President. Treasurer. Secretary.
Columbia River Salmon Protective Association.
Portland, Oregon, January 30, 1908.
(Endorsed) —
Filed January 31, 1908.
F. W. Benson, Secretary of State.
110 Pamphlet Containing Measures to be
ARGUMENT
(negative)
SUBMITTED BY
SETTFERT BROS., WARREN PACKING COMPANY, and P. J.
McGOWAN & SONS, for selves and others in interest,
opposing the measure designated on the official ballot as follows:
PROPOSED BY INITIATIVE PETITION
For an act prohibiting, after August 25th, 1908, fish-
ing for salmon or sturgeon at any time, by. any
means, except hook and line, in the Sandy River or
any of its tributaries, or in the Columbia River, or
any of its tributaries, at any place up stream from
its confluence with the Sandy River, or with hook
and line during the spawning season. Vote YES or NO.
332. Yes.
333. No.
ARGUMENT AGAINST BILL
To prohibit fishing for salmon in the falsely claimed narrows of the
upper Columbia, which are in reality from one-half of a mile t(K a
mile wide. {Submitted under initiative petition of a self-styled Colum-
bia River Salmon Protective Association and under farcical title of
"Bill for a law for better protection of salmon and sturgeon in the
waters of the Columbia and Sandy rivers.")
This bill, if enacted, will be class legislation. Its purpose is to abolish
one class of gear — WHEELS — for the benefit of other classes — GILL-
NETS, SEINES, TRAPS, that already catch 95 per cent of the salmon.
It comes from the fishermen's union of Astoria, composed wholly of gill-
netters, mostly foreigners without fixed residence, and few taxpayers.
This fishermen's union is aided in the campaign for the bill by the Inter-
national Seamen's Union of America and allied Astoria interests, as the
following reprint from the Coast Seamen's Journal, January 15, 1908,
will testify:
"The International Seamen's Union of America, in its convention held
at Chicago, 111., December 2-11, unanimously voted $500 for the purpose
of legislation against fish-wheels, and later the Fishermen's Co-Operative
Packing Company, of Astoria, Oregon, put up $1,000 for the same pur-
pose."
Submitted to Voters of Oregon June 1, 1908 111
Tlie effort of the lower river to drive out the wheels, is in opposition to
the views of unprejudiced authorities, State and National. The U. S.
Bureau of Fisheries opposes it and sees no reason for their elimination.
The views of this Bureau are fully set forth further along in a letter
written by Oscar Strauss, U. S. Secretary Commerce and Labor.
This bill purports to have the support of a so-called Columbia River
Salmon Protective Association. We do not desire to criticise the motives
of the gentlemen comprising this association, but we feel that the use of
their names has been secured by gross misrepresentations, and further,
that, with exception of those hailing from Clatsop County whose motives
are well known, not one is possessed of sufficient knowledge by personal
research to be competent authority. If you wanted medical attention you
would not seek a banker who had been told of appendicitis operations, nor
for soil needs would you consult a merchant, or for stock breeding a
manufacturer.
For years lower-river interests have striven to eliminate all others in
favor of a monopoly of their own, a miniature Standard Oil, fostered by
a union, without vmion principles, which wants to pursue salmon twenty-
four hours a day, seven days in the week, fifty-two weeks in the year,
with no other protection than that to be given at the expense of the other
fellow, and, as before stated, this union is backed as largest contributers
by Astoria canneries and further encouraged by one of the largest salmon
trusts in the world seeking to throttle legitimate opposition.
In 1893, at the instigation of upper Columbia interests who had pi'evi-
ously been operating a hatchery at their own expense, a License Bill to
raise money for propagation was passed. H. D. McGuire was appointed
Fish Commissioner, and most effectively enforced the Sunday close laws
and close seasons until his untimely death. Mr. F. C. Reed was named to
succeed him. He followed Mr. McGuire in his strict adherence to the
statutes. Astoria interests demanded the non-enforcement of close sea-
sons; Mr. Reed refused; his head fell, and a tractable Astoria citizen
succeeded him. From this time is marked the decline of the industry, the
depletion of hatcheries, and the shame of the State. The seasons of plente-
ous hatchery supplies referred to in the affirmative argument ended in
1903, the last season of returns possible under the efficient administrations
of McGuii-e and Reed. The dearth commences in 1904, the first results
visible under the non-enforcement of laws by Mr. Van D.usen, and this
dearth is more apparent in face of the fact that less fishing gear has
been employed oh the upper river in later years than during years when
the hatcheries had plenty of spawning salmon. The truth is apparent — ■
Not up-river fishing is the cause, but over-fishing at Astoria and
ON THE lower COLUMBIA, BAR FISHING, CHANNEL FISHING, INCREASE OF
GEAR, LONGER OPEN SEASON, NO SUNDAY LAW, AND HEEDLESS VIOLATION OF
ALMOST EVERY PROTECTIVE MEASURE ON THE STATUTES. The Oregonian
has made a most noble fight against the suicidal policy, as its files from
1900 to date will attest. The up-river men have added their pleas, the
Government officials have written volumes, all to no purpose. Will you
112 Pamphlet Containing Measures to be
now further place your stamp of approval on these methods? We think
not.
A summary of the situation is made in the following quotation from
a most able Oregonian editorial, January 21st, 1907 :
"Not fishing above tidewater in the Columbia River has brought the
salmon industry to its present plight and threatens it with extinction,
but over-fishing all along the river, non-observance of closed season, ex-
tension of open season by successive legislatures, increasing destructive-
ness of gear, fishing on the bar."
A perusal of the Reports of the following investigators will fui'ther
show the absolute injustice and partisan character of this measure:
Major Jones to War Department, 1888.
Oregon Special Legislative Investigating Committee, 1889.
Washington Special Legislative Investigating Committee, 1897.
Oregon Senate Special Committee, 1897-98.
We also quote from a letter written January 10th, 1907, by the great-
est authorities in the country, the U. S. Bureau of Fisheries of which
Oscar Strauss, Department Commerce and Labor, is chief:
"The Department sees no reason for advocating the elimination
of fishwheels from the river, as there is no evidence to show that
this form of apparatus is particularly destructive to salmon. a
condition that is specially favorable for the passage of salmon —
namely, very high water — renders the wheels unserviceable; and,
on the other hand, periods of very low water, when the fish are
much restricted in their movements, are also unfavorable for the
WHEELS. During the past two or three seasons the catch of salmon
by wheels has been small; but even if it were very large it woul©
be a fact of no special significance in the present connection.
"The Columbia River is, however, made to yield a quantity of
salmon far greater than regard for the future supply permits, and
the drain is yearly becoming more serious. no one familiar with
the situation can fail to appreciate the menace to the perpetuity
of the industry that is furnished by the concentration of a tre-
mendous amount of fixed and floating apparatus of capture in and
near the mouth of the river. this apparatus comprises about 400
pound nets or traps, over 80 long sweep-seines, and more than 2,200
gill-nets, the last having an aggregate approximate length of over
570 miles; and these appliances capture more than 95 per cent of
the fish taken in the oregon and washington waters of the river,
the figures for 1904 being nearly 34,000,000 pounds, or 98.7 per cent
of the total yield."
Submitted to Voters of Oregon June 1, 1908 113
Beyond all these arguments is one of selfish interest to you. The
taxpayers have furnished hatcheries rendered useless by greed and incom-
petent officials. Shall they further tax themselves to pay for the property
condemned by this proposed partisan measure; that they will have to pay
something like $500,000 is certain, as decisions of highest court in the land
will attest. A vote "Yes" to this bill means more injustice, more in-
efficiency, more taxes. We ask you to vote "No," and think you will.
There is another measure before the people which restricts all gear
without abolishing any, and is a fair deal, as it carries the recommenda-
tion of all the eminent authorities; we commend it to your favorable
consideration as a just solution and not a selfish incompetent plea.
The undersigned desire to appeal to the intelligent voters and with the
woi-ds and facts expressed allow you to draw your conclusions, feeling
safe that your honest judgment will penetrate the fallacies and un-
founded statements and cause you to vote "No" emphatically to this bill,
No. 333, which is a most unjust attempt at discrimination in favor of
tmworthy petitioners at the expense of the tax-paying public.
S&UFERT BROS.,
WARREN PACKING CO.,
P. J. McGOWAN & SONS,
For selves and others in interest.
(Endorsed) —
Filed February 21, 1908.
F. W. Benson, Secretary of State.
114 Pamphlet Containing Measures to be
AN AMENDMENT
TO THE
constitution of the state of oregon
to be submitted to the legal electors of the state of
Oregon for their approval or rejection
AT THE
REGULAR general ELECTION
TO BE HELD
On THE First Day of June, 1908,
TO AMEND
Section 18 of Article VII
By initiative petition filed in the office of the Secretary of State, January
30, 1908, in accordance with the provisions of Chapter
226, General Laws of Oregon; 1907.
Printed in pursuance of Section 8 of Chapter 226, Laws of 1907.
Secretary of State.
The following is the form and number in which the question will be
printed on the official ballot:
PROPOSED BY INITIATIVE PETITION
For constitutional amendment providing for the choos-
ing of jurors and grand jurors, and that no person
can be charged in the Circuit Courts with the com-
mission of a crime or a misdemeanor except upon
indictment found by a grand jury, except when a
court holds an indictment to be defective, the Dis-
trict Attorney may file an amended indictment. Vote YES or NO.
334. Yes.
335. No.
Submitted to Voters of Oregon June 1, 1908 115
[On Official Ballot, Nos. 334 and 335.]
CONSTITUTIONAL AMENDMENT.
Section 18 of Article VII of the Constitution of the State of Oregon shall
be, and hereby is, amended to read as follows:
Section 18. The Legislative Assembly shall so provide that the most
competent of the permanent citizens of the county shall be chosen for
jurors; and out of the w^hole number in attendance at the court, seven
shall be chosen by lot as grand jurors, five of whom must concur to find
an indictment. No person shall be charged in any Circuit Court with
the commission of any crime or misdemeanor defined or made punishable
by any of the laws of this State, except upon indictment found by a
grand jury. Provided, however, that any District Attorney may file an
amended indictment whenever an indictment has, by a ruling of the
court, been held to be defective in form.
116 Pamphlet Containing Measures to be
ARGUMENT
(affirmative)
SUBMITTED BY
CHARLES H. CAREY, C. E. S. WOOD, W. S. U'REN, JOHN BAIN,
C. S. JACKSON, L. A. McNARY, JOSEPH N. TEAL, BEN
SELLING, EMANUEL SICHEL, H. J. PARKISON,
in favor of the measure designated on the official ballot as follows:
PROPOSED BY INITIATIVE PETITION
For constitutional amendment providing for the choos-
ing of jurors and grand jurors, and that no person
can be charged in the Circuit Courts with the com-
mission of a crime or a misdemeanor except upon
indictment found by a grand jury, except when a
court holds an indictment to be defective, the Dis-
trict Attorney may file an amended indictment. Vote YES or NO.
334. Yes.
335. No.
ARGUMENT IN FAVOH OF ABOVE AMENDMENT.
Under the present law, any district attorney can file an information
against a man for any crime, from murder down. The accused is not
entitled of right to any preliminary hearing and the first he knows of
the matter may be his arrest. He may never be tried at all, the informa-
tion or indictment may be dismissed, and yet his record is blackened. It
may be that it is not intended from the start that he ever should be tried,
but the information is issued to serve some political purpose, private
revenge or the scheme of a ring hostile to the victim. It is un-American.
It is too much like the despotism of Russia and it is too much power to
be vested in the hands of any one man. The whole history of Anglo-
Saxon institutions is a battle against this very thing: the power of one
man to brand another with crime and lodge him in prison. It is a return
to the Star Chamber decrees of Charles I and the time was when English-
men and Americans thought no time or money thrown away which pro-
tected every citizen from arbitrary arrest and arbitrary arraignment
and trial at the will of a single man. In England the same jealousy
exists today, and no man can be brought to trial save on an indictment
Submitted to Voters of Oregon June 1, 1908 117
by a grand jury. The fathers of our country were careful to write that
into the United States Constitution, but it is not yet an article of the
State Constitution. The time has come when it should be there, for the
time will inevitably come when wealth and great interests will seek to
shut the mouth of every man who is against them; and if we may judge
the future by the past, the powerful interests are apt to control the
political offices, including the district attorney.
The only argument urged against this amendment is that the present
plan is cheaper. If the citizens of Oregon prefer a few dollars to a great
fundamental principle of personal liberty, then they certainly do not
deserve their liberties and they might as well be left open to the whims,
vengeance, mistakes or political intrigues of any district attorney. The
citizens of this country will make a great mistake if they let go that
part of the administration of the law which belongs tc^ them through the
grand jury and the petty jury, and we repeat that this present arbitrary
power lodged in one man is un-American and dangerous.
CHAS. H. CAREY,
W. S. U'REN,
C. S. JACKSON,
JOSEPH N. TEAL,
C. E. S. WOOD,
JOHN BAIN,
L. A. McNARY,
BEN SELLING,
EMANUEL SICHEL,
H. J. PARKISON.
(Endorsed) —
Filed February 3, 1908.
F. W. Benson, Secretary of State.
118 Pamphlet Containing Measures to be
A BILL
to be submitted to the legal electors of the state of
Oregon for their approval or rejection
AT THE
REGULAR GENERAL ELECTION
TO BE HELD
On the First Day of June, 1908,
To propose by initiative petition a law to create the County of Hood
River and to fix the salaries of the officers thereof.
By initiative petition filed in the office of the Secretary of State, January
30, 1908, in accordance with the provisions of Chapter
226, General Laws of Oregon, 1907.
Printed in pursuance of Section 8 of Chapter 226, Laws of 1907.
Secretary of State.
The following is the form and number in which the question will be
submitted on the official ballot:
PROPOSED BY initiative PETITION
A bill for an act to create the County of Hood River
out of the western portion of Wasco County; pro-
viding for its organization and fixing the salaries of
the officers thereof. Vote YES or NO.
336. Yes.
337. No.
Submitted to Voters of Oregon June 1, 1908 119
_
[On Official Ballot, Nos. 336 and 337.]
A BILL
To propose by initiative petition a law to create the County of Hood
River and to fix the salaries of the officers thereof.
Be it enacted by the people of the State of Oregon:
Section 1. That all that portion of the State of Oregon embraced
within the following boundary lines be and the same is hereby created
and organized into a separate county by the name of Hood River, to-wit:
Beginning at a point in the middle of the channel of the Columbia River
opposite the meander corner between sections three and four, township
two north, range eleven east of Willamette Meridian, then running south
along the section line between sections three and four and said line ex-
tended to a point on the base line at the southeast corner of section thirty-
three, in township one north, range eleven east, Willamette Meridian,
thence west along said base line to the northeast corner of township one
south, range ten east of Willamette Meridian, thence south along the
township line to the southeast corner of township three south, range ten
east of Willamette Meridian, thence west along the south line of township
three south, range ten east and said line extended along the south side
of township three south, range nine east of Willamette Meridian, to the
summit of the Cascade Mountains, and the line between Clackamas and
Wasco counties; thence northerly along the summit of the Cascade Moun-
tains and along the line between Clackamas and Wasco, and between
Multnomah and Wasco counties to the middle of tlie channel of the
Columbia River and the northwest corner of Wasco County;, thence in
a general easterly course along the center of the channel of the Columbia
River to the place of beginning.
Section 2. That the territory embraced within the said boundary shall
compose a county for all civil and military purposes and shall be subject
to the same laws and restrictions and be entitled to elect the same officers
as other counties of this State; provided, that it shall be the duty of the
Governor, as soon as it shall be convenient after this act shall have
become a law, to appoint for Hood River County and from its citizens the
several county officers allowed by the law to other counties in this State,
which said officers, when duly qualified according to law, shall be entitled
to hold their respective offices until their successors are duly elected at
the general election of 1910 and are duly qualified according to law.
Section 3. The temporary county seat of Hood River County shall be
located at Hood River in said county until a permanent location shall be
adopted. At the next general election the question shall be submitted to
the legal voters of said county, and the place, if any, which shall receive
a majority of all the votes cast at said election, shall be the permanent
county seat of said county. But if no place shall receive a majority, of
120 Pamphlet Containing Measures to be
all votes cast, the question shall again be submitted to the legal voters
of said county at the next general election, but between the two points
having the highest number of votes at said election, and the place receiv-
ing the highest number of votes at such last election shall be the perma-
nent county seat of said county.
Section 4. Said county of Hood River shall for representative pur-
poses bp annexed to the Twenty-ninth Representative District, and for
senatorial purposes said county shall be annexed to the Sixteenth Sena-
torial District, being the representative and senatorial districts, respect-
ively, formerly constituted by Wasco County.
Section 5. The county clerk of Wasco County shall, within thirty days
after this law shall have gone into operation, make out and deliver to the
county clerk of Hood River County a transcript of all taxes assessed upon
all persons and property within said Hood River County, which were
previously included within the limits of Wasco County, and all taxes
which shall remain unpaid upon the day this act shall become a law, shall
be paid to the proper officers of Hood River County. The clerk of Wasco
County shall also make out and deliver to the county clerk of Hood River
County, within the time above limited, a transcript of all cases pending
in the circuit and county courts of Wasco County between parties residing
in or concerning property located in Hood River County and transfer all
original papers in said cases to be tried in Hood River County.
Section 6. The county court of Hood River County shall be held at
the county seat on the first Monday in January, April, July and October
of each year.
Section 7. The said county of Hood River is hereby attached to the
Seventh Judicial District for judicial purposes, and the terms of the
circuit court for said county shall be held at the county seat commencing
on the first Monday in July and the second Monday in January of each,
year.
Section 8. Until otherwise provided by law the county judge of Hood
River County shall receive an annual salary of $300.00; the county clerk
of said county shall receive an annual salary of $1,200.00; the sheriff
shall receive an annual salary of $1,200.00; and the treasurer shall receive
an annual salary of $100.00. The county school superintendent shall re-
ceive an annual salary of $400.00; and the assessor shall receive an
annual salary of $900.00, and the county commissioners of said county
shall receive $3.00 • per day for the time actually employed in county
business, and mileage at the rate of ten cents per mile each way when
required to travel on county business.
Section 9. The law relating to trespass of sheep and other animals
shall be the same in Hood River County as now maintains in Wasco
County.
Section 10. The county judge of Hood River County shall let by con-
tract to the lowest responsible and efficient bidder, the work of transcrib-
ing all records of Wasco County, affecting real estate situate in Hood
River County, and when completed they shall be examined and certified
^'UBMITTED TO VOTERS OF OREGON JUNE 1, 1908 121
to by the clerk of Hood River County, and shall thereafter be recognized
and acknowledged as the official records of Hood River County j provided,
the clerk of Hood River County shall be allowed to bid upon such work.
Section 11. It shall be the duty of the superintendent of schools of
Wasco County, within thirty days after the appointment of a superin-
tendent of schools for Hood River County, to make out and forward to
said superintendent of schools of Hood River County a true and correct
transcript or abstract of the annual reports of the clerks of the various
school districts embraced within Hood River County. The commissioners
hereinafter appointed to adjust the property and financial interests of
Wasco and Hood River counties shall at the same time ascertain what, if
any, sum of money belonging to the school fund is in the hands of the
treasurer of Wasco County which should be paid to Hood River County,
And said sum, if any, shall be paid to the county school superintendent
of Hood River County within thirty days after such award.
Section 12. The county treasurer of Hood River County shall, not
later than October 15, 1908, pay over to the treasurer of Wasco County
the full amount of State tax of the assessment of 1907, due from citizens
of Hood River County.
Section 13. The treasurer of Hood River County shall within one year
after its organization by the appointment of its officers as hereinbefore
provided, assume and pay to the county of Wasco a pro rata proportion
of the remaining indebtedness, if any, of Wasco County after deducting
therefrom the amount of money that has been collected in taxes from
the territory taken from Wasco County by this law and included in the
county of Hood River and expended by the said county of Wasco for
public buildings; provided, that if when this law goes into effect, there is
no indebtedness of Wasco County, then Hood River County shall be en-
titled to credit, and Wasco County shall pay to Hood River County the
amount of money that has been collected in taxes from the territory taken
from Wasco County by this law and included in the county of Hood River,
and expended by the said Wasco County for public buildings; provided,
further, that if, when this law takes effect and after the payment of all
indebtedness and expenses of Wasco County up to that time, thore shall
be a balance of money in the hands of the treasurer of Wasco County,
then and in that event the county treasurer of Wasco County shall within
thirty days after this law takes effect, or within thirty days after the
amount thereof shall be determined by the commissioners hereinafter ap-
pointed, pay to the treasurer of Hood River county such proportion of
the balance so in the hands of the treasurer of Wasco County, after the
payment of indebtedness and expenses aforesaid, as the total value oi'
property in Hood River County bears to the total value of property in
Wasco County, according to the assessment of 1907.
Section 14. The county judge of Wasco County and the county judge
of Hood River County and Charles H. Sproat of Hood River County are
hereby appointed a board of commissioners to determine the value of the
county buildings in Wasco County, the amount of indebtedness, if any, to
122 Pamphlet Containing Measures to be
be assumed by Hood River County, and paid to Wasco County, and the
amount of money that may be due from Wasco County to Hood River
County, under the terms of section 13 of this law. Said board shall meet
at the county seat of Wasco County on the 22d day of June, 1908, or
within ten days thereafter, and after taking and subscribing an oath
faithfully to discharge their duties, shall proceed with such work and
when it is completed, shall file reports of their conclusions in duplicate
with the clerks of Wasco and Hood River counties. In case a vacancy
occurs in said board the same shall be filled by appointment by the
Governor of the State of Oregon.
Section 15. Within thirty days after the filing of such report either
county may appeal from the decision of said board to the circuit court of
Wasco County, by serving notice of appeal upon the clerk of the other
county interested. Upon perfecting the issue in said circuit court, either
county may demand a change of venue to any other county in the Seventh
Judicial District of the State of Oregon, or other circuit of the State of
Oregon, for any county which may be agreed upon by said counties; or in
the event of a" disagreement, to any county which may be designated by
the judge of said district. The trial may be by jury and the judgement
rendered may be enforced as other judgments against counties. If the
county appealing fails to receive a more favorable judgment than the
finding of the board appealed from by at least $500.00, it shall pay the
cost of the appeal. If no appeal be taken by either party within the
thirty days above provided, the findings of said board shall be conclusive.
The members of said board shall receive $3.00 per day for each day
actually employed and the same mileage as a witness in the circuit court.
The expense incurred by above-mentioned board shall be borne equally by
the two counties.
Submitted to Voters of Oregon June 1, 1908 123
ARGUMENT
(affirmative)
SUBMITTED BY
THE HOOD RIVER COMMERCIAL CLUB
in favor of the measure designated on the official ballot, as follows:
PROPOSED BY INITIATIVE PETITION
A bill for an act to create the County of Hood River
out of the western portion of Wasco County; pro-
viding for its organization and fixing the salaries of
the officers thereof. Vote YES or NO.
336. Yes.
337. No.
ARGUMENT SUBMITTED BY HOOD RIVER COMMERCIAL CLUB
In Favor of Initiative Bill No. 336, No. 337, for the Creation
of Hood River County.
This bill is submitted under the initiative for the following, among
other, reasons:
In 1906 section 2 of Article XI of the Constitution of Oregon was
amended so as to read, so far as this question is concerned, as follows:
"Corporations may be formed under general laws, but shall not be
created by the Legislative Assembly by special laws * * *"
This section of the Constitution originally read as follows: "Corpora-
tions may be formed under general laws, but shall not be created by
special laws, except for municipal purposes * * *"
This change in the Constitution absolutely prohibits the Legislative
Assembly from creating a county by a law passed for that purpose alone.
All the Legislature can do is to pass a general law under the terms of
which any community in the State may, by complying with its pro-
visions, organize a new county. A county is a public corporation and it
is apparent that said section 2 of article XI, as amended, reserves to the
people the right to create a county by initiative vote.
There is no general law for the creation of counties now, and no one
knows M'hen, if ever, there will be one. The facts as to area, population
and assessed valuation submitted herewith, show, as we believe, that we
are able to maintain a county government. Out of a population of about
7,.500 the desire of a county for the Hood River country is earnest and
124 Pamphlet Containing Measures Submitted
unanimous with the exception of a small fraction of one per cent. We are
assured by leading citizens of The Dalles, Dufur, and other portions of
Wasco County that they have no objections to the creation of Hood River
County as proposed in this bill. More than 400 residents of The Dalles
and Dufur have signed the petitions asking that this bill be submitted to
a vote at the June election, though forty-five names from Dufur were
received too late to be filed with the Secretary of State.
The people of the Hood River Country therefore ask favorable con-
sideration of the voters of the State upon this bill for these, among other,
reasons :
Because the new county will be a great benefit to the people residing
therein and will facilitate the transaction of their county business.
Because as the law stands a county cannot be created by the Legisla-
ture; and finally
Because the people of The Dalles and the balance of Wasco County,
we are informed and believe, are willing that Hood River County may
be created as provided in this bill.
The assessed valuation in the proposed Hood River County in 1903
was $908,568.00; in 1906 was $1,61?,670, showing a gain in valuation
from 1903 to 1906 of $710,102.00, or about 78 per cent. The valuation in
1907 was $2,762,250.00; a gain over 1906 of $1,143,580.00, or about 70
per cent, showing the proportionate increase in one year from 1906 to
1907 to be almost as great as that in three years from 1903 to 1906.
The proposed Hood River County has a population of about 7,500; an
area of about 500 square miles; and twenty school houses, seven of which
are graded schools having from two to eight rooms each and with a
$30,000.00 high school under construction.
There will be left in Wasco County, after Hood River County is created,
an area of 1,646 square miles; a population of 11,500; and a valuation of
$5,457,720.00, thus leaving it among the largest and strongest counties^
of the State.
The tax levy on the 1907 valuation is 14 mills, which would raise in
the proposed Hood River County $38,671.50, which is ample to pay the
expenses of operating Hood River County and leave a substantial balance.
Respectfully submitted,
HOOD RIVER COMMERCIAL CLUB,
By A. A. JAYNE, President.
By P. S. Davidson, Secretary.
Charles T. Early v
W. L. Clark (
Truman Butler Directors.
E. O. Blanchar V
Charles Hall '
(Endorsed) —
Filed February 3, 1908.
F. W. Benson, Secretary of State.
INDEX.
PAGE
Acts:
Armories, building of 17
Argument, negative ., 19
Common carriers, to grant free transportation to certain officers 14
Argument, negative 19
Elections, regulation of 76
Argument, affirmative ....: 98
Hood River County, creation of 118
Argument, affirmative 123
Legislature, instructing members thereof to vote for U. S.
Senators 72
Argument, affirmative 98
Prisoners, custody and board of in counties of over 100,000 in-
habitants .- 12
Salmon and sturgeon, act regulating fishing therefor in the
Columbia River and tributaries 44
Argument, affirmative 47
Argument, negative 52
Salmon and sturgeon, act regulating fishing therefor in the
Columbia River and tributaries 105
Argument, affirmative 107
Argument, negative 110
University of Oregon, for maintenance of 22
Argument, affirmative 24
Argument, negative 32
Amendments to the Constitution: (See Constitutional Amendments.)
Armories, building of 17
Argument, negative 19
Bills: (See Acts.)
Cities and Towns, exclusive regulation of theatres, etc 58
Argument, affirmative 60
Argument, negative 61
Common Carriers, to grant free transportation to certain officers.... 14
Argument, negative 19
Constitutional Amendments:
Cities and towns, exclusive regulation of theatres, etc 58
Argument, affirmative _ 60
Argument, negative 61
Elections, changing time of general biennial 10
Equal suffrage 36
Argument, affii^mative 38
Argument, negative 42
Grand Jury, providing for the choosing of 114
Argument, affirmative 116
Legislature, increasing compensation of members of... 2
Public officers, provision for discharge of 70
Argument, affirmative 98
126 Index
Constitutional Amendments — Continued. page
Public offices, proportional representation in 74
Argument, affirmative 98
State institutions, location of 4
Supreme Court, increasing number of judges of 6
Taxation, exempting certain property from 63
Argument, affirmative 65
Elections:
Changing time of general biennial 10
Regulation of 76
Argument, affirmative 98
Equal Suffrage 36
Argument, affirmative 38
Argument, negative 42
Grand Jury, providing for the choosing of 114
Argument, affirmative 116
Hood, River County, creation of 118
Argument, affirmative 123
Legislature :
Increasing compensation of members of 2
Instructing members thereof to vote for U. S. Senators 72
Argument, affirmative 98
Measures: (See Acts-and Constitutional Amendments.)
Prisoners, custody and board of in counties of over 100,000 in-
habitants 12
Public Officers, provision for discharge of 70
Argument, affirmative 98
Public Offices, proportional representation in 74
Argument, affirmative 98
Salmon and Sturgeon:
Regulating fishing therefor in Columbia River and tributaries 44
Argument, affirmative 47
Argument, negative ^2
Regulating fishing therefor in Columbia River and Tributaries 105
Argument, affirmative 107
Argument, negative 110
Senators, United States, instructing members of Legislature to
vote for 72
Argument, affirmative ,.— 98
State Institutions, location of 4
Suffrage, Equal 36
Argument, affirmative , 38
Argument, negative 42
Supreme Court, increasing number of judges of 6
Taxation, exempting certain property from 63
Argument, affirmative 65
United States Senators, instructing Legislature to vote for 72
Argument, affirmative 98
University of Oregon, for maintenance of 22
Argument, affirmative 24
Argument, negative 32
STATE OF OREGON
A PAMPHLET
Containing a Copy of All I^ea.svLYes "Referred to tlie
People by the Legislative Assembly," "Refer-
endnm Ordered by Petition of the People," and
"Proposed by Initiative Petition,"
To be submitted to the Legal Voters of the State of Oregon
for their approval or rejection
AT THE
REGULAR GENERAL ELECTION
TO BE HELD
On the Eighth Day of November, 1910,
TOGETHER WITH THE ARGUMENTS FILED, FAVORING AND
OPPOSING CERTAIN OF SAID MEASURES
COMPILED AND ISSUED BY
FRANK W. BENSON, Secretary of State
(Publication authorized under Chapter 226, Laws of 1907.)
'■■2i
SALEM, DBBGON
WILrLIS S. DUNIWAT, 8TATB PRINTBR
1910
2 Pamphlet Containing Measures to be
AN AMENDMENT
TO THE
constitution of the state of oregon
to be submitted to the legal electors of the state of
Oregon for their approval or rejection
AT THE
regular general election
TO BE HELD
On the Eighth Day of November, 1910,
TO AMEND
Section 2 of Article II
By initiative petition filed in the office of the Secretary of State, Septem-
ber 16, 1908, in accordance with the provisions of Chapter
226, General Laws of Oregon, 1907.
Printed in pursuance of Section 8 of Chapter 226, Laws of 1907.
Secretary of State.
The following is the form and number in which the question will be
printed on the official ballot:
PROPOSED BY initiative PETITION
Women's taxpaying suffrage amendment, granting to
taxpayers, regardless of sex, the right of suffrage. Vote YES or NO.
300. Yes.
301. No.
Submitted to Voters of Oregon November 8, 1910 3
[On Official Ballot, Nos. 300 and 301.]
TAXPAYERS' SUFFRAGE AMENDMENT.
Section 2 of Article II of the Constitution of the State of Oregon shall
be and hereby is amended to read as follows:
Section 2. In all elections not otherwise provided for by this Consti-
tution, every citizen of the United States, of the age of twenty-one years
and upwards, who shall have resided in the State during the six months
immediately preceding such election, and every person of foreign birth of
the age of twenty-one years and upwai'ds, who shall have resided in this
State during the six months immediately preceding such election and
shall have declared his intention to become a citizen of the United States
one year preceding such election, conformably to the laws of the United
States on the subject of naturalization, shall be entitled to vote at all
elections authorized by law; it is expressly provided hereby that no
citizen who is a taxpayer shall be denied the right to vote on account
of sex.
Filed September 16, 1908.
F. W. Benson, Secretary of State.
Pamphlet Containing Measures to be
ARGUMENT
(affirmative)
SUBMITTED BY
OREGON STATE EQUAL SUFFRAGE ASSOCIATION
in favor of the measure designated on the official ballot as follows:
PROPOSED BY INITIATIVE PETITION
Women's taxpaying suffrage amendment, granting to
taxpayers, regardless of sex, the right of suffrage. Vote YES or NO.
300 Yes^
301 ~No. '
ARGUMENT IN BEHALF WOMEN CITIZENS' SUFFRAGE
AMENDMENT.
OREGON STATE EQUAL SUFFRAGE ASSOCIATION
Honorary President — Mrs. Henry Waldo Coh
Member of National Committee — Mrs. Sarah A. Evans
Mrs. Abigail Scott Dunlway. Pres. Miss Elma Buckman. Finnncial Secy.
292 Clay St.. Portland. Or. 42 E. 18th St. N.. Portland, Or.
Mrs. Elizabeth Lord, V.-P. at Large Mrs. W. E. Potter. Treasurer
The Oalles, Or. Hunter's Station, Portland, Or.
Mrs. C. M. Cartwright, Vice-Prea. auditors.
215 Seventh St.. Portland, Or. Mrs. F. Eggert
Miss Myrtle Pease, Cor. Secretary The Hobart-Curti.?, Portland, Or.
4 on Tenth St., Portland, Or. Mrs. M. A. Dalton,
Miss Elma Buckman, Rec. Secretary 300 24th St. N., Portland, Or.
42 E. 18th St. N., Portland, Or. Mrs. Imogene Bath. Hillsboro, Or.
Portland, Oregon, June 30th, 1910.
To the Secretary of State:
The many taxpaying women citizens of Oregon who appeal to the voters
at large for their enfranchisement, beg to remind them that the right of
suffrage is being rapidly extended to the women citizens of civilized
countries throughout the world. It is now in force in the states of
Wyoming, Colorado, Utah, and Idaho in our o\Am country, and has re-
ceived the endorsement of leading men and women whei-ever it has been
tried. Women under present industrial conditions, forced upon them by
circumstances beyond their control, are compelled to compete with men
for a livelihood in rapidly increasing numbers every year.
A disfranchised class, brought necessarily into ruinous competition
with an enfranchised class, creates demoralization in business, and works
especial hardship upon all men and women who toil for a livelihood, thus
adding an evei*-increasing menace to the stability of the home.
Women who are supported in idleness and luxury do not feel the need
of the ballot, and some of them say they do not desire it. But that is no
reason why they should seek to deprive other women of their right of
choice. Any sane man or woman can understand why an idle woman,
whose mind is filled with life's frivolities, may not care to vote. But
no one possessed of safe or sane reasoning power can comprehend the
motive that impels any woman who says she does not want to vote to
attempt preventing any woman from voting who wants to vote.
Oregon has now the opportunity to lead the world in a safe and con-
servative extension of the elective franchise to every woman who is taxed
to support the government, and we earnestly hope we shall not be com-
pelled to repeat this appeal in Nineteen Hundred and Twelve.
By order of the Oregon State Equal Suffrage Association.
ABIGAIL SCOTT DUNIWAY, President.
ELMA BUCKMAN, Recording Secretary.
Submitted to Voters of Oregon November 8, 1910 5
ARGUMENT
(negative)
SUBMITTED BY
OREGON STATE ASSOCIATION OPPOSED TO THE EXTENSION
OF THE SUFFRAGE TO WOMEN,
opposing the measure designated on the official ballot as follows:
PROPOSED BY INITIATIVE PETITION
Women's taxpaying suffrage amendment, granting to
taxpayers, regardless of sex, the right of suffrage. Vote YES or NO.
Yes.
301.
No.
ARGUMENT AGAINST SUFFRAGE AMENDMENT.
BALLOT TITLE MISLEADING.
To the Electors of Oregon:
The effect of the foregoing proposed amendment is to give the ballot
to all women residing in Oregon who are of age and are American born
or naturalized. This becomes perfectly clear on comparing the proposed
amendment with the present provision of the Oregon Constitution, which
we print in parallel columns:
PROPOSED AMENDMENT,
2. In all elections not othei'wise
provided for by this Constitution,
every citizen of the United States,
of the age of twenty-one years and
upwards, who shall have resided in
the State during the six months
immediately preceding such elec-
tion, and every person of foreign
birth of the age of twenty-one
years and upwards, who shall have
resided in this State during the six
months immediately preceding such
election, and shall have declared
his intention to become a citizen of
the United States one year preced-
ing such election, conformably to
the laws of the United States on
the subject of naturalization, shall
be entitled to vote at all elections
authorized by law; it is expressly
provided hereby that no citizen who
is a taxpayer shall be denied the
right to vote on account of sex.
Women and children are citizens and persons. The only effect of the
foregoing proposed amendment, therefore, is to take the word "male" out
PRESENT CONSTITUTION.
2. In all elections not otherwise
provided for by this Constitution,
every white male citizen of the
United States, of the age of twenty-
one years and upwards, v/ho shall
have resided in the State during
the six months immediately preced-
ing such election, and every white
male of foreig-n birth of the age of
twenty-one years and upwards, who
shall have resided in this State dur-
ing the six months immediately pre-
ceding such election, and shall have
declared his intention to become a
citizen of the United States one
year preceding such election, con-
formably to the laws of the United
States on the subject of naturaliza-
tion, shall be entitled to vote at all
elections authorized by law.
6 Pamphlet Containing Measures to be
of the qualifications of voters and give the ballot to women. The last
clause in the proposed amendment about taxpaying women is pure
buncombe. It adds nothing and detracts nothing from the preceding
provisions.
AN OLD STORY.
Woman suffrage is no new proposition in Oregon. It was submitted
to vote of the people in 1900 and beaten by a pluralitj'^ of 2137. It was
submitted again in 1906 and beaten by a majority of 10,173. It was
again submitted in 1908 and beaten by a decisive majority of 21,649.
These successive defeats by increasing votes show clearly that the people,
women as well as men, are opposed to woman suffrage, for men would
readily grant the ballot to women if women as a class desired it. It is
an abuse of the initiative that this measure so often and so recently voted
down should be forced on the ballot at every election. The abuse is the
greater because of the misleading title selected for the ballot. The average
voter on reading his ballot will certainly assume that this amendment
gives the ballot to taxpaying women only. Whatever your opinions on
the suffrage question, if you believe in fair play in public atfairs, you
should vote against this amendment, because of this attempt of its advo-
cates to deceive and mislead the voters.
SUFFRAGE DEMORALIZING TO WOMEN.
If this amendment were to be adopted women would lose that which
is far more important to them than the ballot. The case has been well
stated by one of the great women novelists (Ouida) :
"If equality in privileges be taken, equality in liability must be enforced
also. What can be more absurd or more unjust than that women should
bully their way into national parliaments, share in the public administra-
tions, and fight in the rough and tumble of public contests, yet all the
while claim that precedence by virtue of their sex, and exact that abdica-
tion in their favor which has been conceded to them out of reverence for
the very inequality they so scornfully repudiate. For a woman to state
that she has the right to knock you out of your seat in congress or
parliament and occupy your place herself, yet that she has also the right
to ex;ject you to give up your seat in a railway carriage and stand for
her accommodation, is a form of oppression as absurd as it is illogical.
The strength that can achieve the political conquest, and the weakness
that can exact social courtesy cannot possibly be leashed together. A
woman must choose between the two."
SENATOR ELIHU ROOT ON WOMAN SUFFRAGE.
This thought has been well expressed by Senator Elihu Root:
"In politics there is struggle, strife, contention, bitterness, heart-burn-
ing, excitement, agitation, everything which is adverse to the true char-
acter of v^oman. Woman rules today by the sweet and noble influence
of her character. Put woman into the arena of conflict and she abandons
these great weapons which control the world, and she takes into her hands,
feeble and nerveless for strife, weapons with which she is unfamiliar and
which she is unable to wield. Woman in strife becomes hard, harsh,
unlovable, repulsive; as far removed from that gentle creature to whom
Submitted to Voters of Oregon November 8, 1910 7
we all owe allegiance and to whom we confess submission as the heaven
is removed from the earth. In the divine distribution of powers the duty
and the right of protection rests with the male. It is so throughout
nature. It is so with men."
CARDINAL GIBBONS ON WOMAN SUFFRAGE.
In an address delivered to a graduating class at a woman's college at
Emmetsburg, Maryland, Cardinal Gibbons said:
"I am entirely opposed to woman suffrage, not because I hate women,
for I love them and want them to fulfill the mission for which God
intended them. If you play in the arena of politics you will be covered
with its dust. If you grasp too much you will lose everything. Nowhere
is woman so honored as in the United States. This is largely due to the
chivalry and courtesy of the men, and if you are protected by the malt-
sex, what more do you want?
"I want to remind you that woman has a great mission in life. You
should therefore have a deep sense of your responsibility in the domestic
walks of life. Woe be to society if it had to depend upon the male sex
alone — it would certainly go to the devil."
OREGON STATE ASSOCIATION OPPOSED TO THE EXTENSION
OF THE SUFFRAGE TO WOMEN.
Mrs. Francis J. Bailey, President
Miss Failing, First Vice-President,
Portland
Mrs. R. W. Wilbur, Second Vice-
Pi-esident, Portland
Mrs. Wallace McCamant, Treas-
urer, Portland
Mrs. Herbert Holman, Portland
Mrs. David Loring, Portland
Mrs. A. E. Rockey, Portland
Mrs. L. Gerlinger, Dallas
Mrs. Thomas Coates, Tillamook
Mrs. F. E. Harlow, Troutdale
Mrs. J. H. Tem.pleton, Prineville
Mrs. Thomas Thompson, Pendleton
Mrs. W. A. Howe, Carlton
Mrs. John W. Connell, Hillsboro
Mrs. Charles E. Wolverton, Port-
land
8 Pamphlet Containing Measures to be
AN ACT
To provide for the location, construction and government of a branch
Insane Asylum in the Eastern portion of Oregon
and appropriating money therefor,
A MEASURE
to be submitted to the legal electors of the state of
Oregon for their approval or rejection
AT THE
REGULAR general ELECTION
TO BE HELD
On the Eighth Day of November, 1910,
Proposed by the Legislative Assembly and filed in the office of the
Secretary of State February 23, 1909, in accordance with the
provisions of Section 1 of Article XVII of the Constitution
of the State of Oregon, adopted by the people June 4, 1906.
Printed in pursuance of Section 8 of Chapter 226, Laws of 1907.
Secretary of State.
The following is the form and number in which the question will be
printed on the official ballot:
REFERRED TO THE PEOPLE BY LEGISLATIVE ASSEMBLY
An act authorizing the purchase of a site for and the
construction and maintenance of a branch insane
asylum to be located, in the discretion of the Board
of Trustees of the Oregon State Insane Asylum, at or
within five miles of either of the following cities,
to-wit: Baker City, Pendleton, or Union, in Eastern
Oregon, to be called "The Eastern Oregon State
Hospital." Vote YES or NO.
302. Yes.
303. No.
Submitted to Voters of Oregon November 8, 1910 9
[On Official Ballot Nos. 302 and 303.]
AN ACT
To provide for the location, construction and government of a branch
Insane Asylum in the Eastern portion of Oregon and appropriating
money therefor.
Be it enacted by the People of the State of Oregon:
Section 1. The Governor, Secretary of State and State Treasurer of
the State of Oregon, acting in their capacity as a Board of Trustees of
the Oregon State Insane Asylum, are hereby authorized and directed to
proceed within sixty days after this act shall become a law to locate a
site for a branch insane asylum, to be known as the Eastern Oregon
State Hospital, at some point within five miles of the City of Baker City,
in Baker county, Oregon, or at some point or within five miles of the
City of Pendleton, Umatilla county, Oregon, or at some point within
five miles of the City of Union, Union county, Oregon, and shall contract
for and purchase in the name of and for the State of Oregon, at the
place selected for said asylum, a suitable tract of land for the building
of an insane asylum and for purposes connected therewith.
Section 2. After acquiring title to the real estate for the use of the
said Eastern Oregon Insane Asylum, the said Board shall cause the same
to be suitably graded and laid out and shall cause to be erected thereon
all buildings and other structures which may be deemed necessary to the
establishment and equipment of an insane asylum capable of accommodat-
ing not less than 600 patients, according to modern advanced and prac-
tical methods of conductng such institutions, and planned with the view
to the future building of additions thereto if necessary; and said Board
shall have power to appoint an architect to draw plans and specifications
and shall supervise the work, under the direction and control of said
Board, and said Board shall have full power to receive bids, enter into
contracts, and do all things necessarj'^ or advisable in the prosecution of
the work hereby contemplated, including the furnishing, lighting and
heating of said buildings and said Board shall pi'osecute the work on
?aid branch asylum with all reasonable dispatch consistent with the
State's best interests.
Section 3. Upon the completion of said building, or prior thereto, the
said Board shall select and appoint a superintendent of said Eastern
Oregon State Hospital and such assistance, physicians, and attendants
as shall be necessary, who shall hold their positions during the pleasure
of said Board, and who shall at once, on the arrival of the insane at
the Eastern Oregon State Hospital as hereinafter provided, proceed to
the care and treatment of said insane persons. Such superintendent,
assistants, physicians, and attendants shall be subject to the same laws,
rules and regulations as those then employed at and in the asylum at
Salem.
Section 4. When said building is fnlly completed and furnished, with
10 Pamphlet Containing Measures to be
all necessary outbuildings, adjuncts, appurtenances, etc., such proportion
of the insane then confined in the Insane Asylum at Salem, Oregon, as
E-aid Board may deem best, shall, under the direction of said Board and
of the superintendent of the Insane Asylum at Salem, be removed and
tr:ansferred from said Insane Asylum at Salem to the new Eastern
Oregon State Hospital; the selection of insane persons to be so trans-
ferred shall be made by the said superintendent of the Asylum at Salem,
but his selection shall be subject to approval or rejection of the said
Board, and in such selection, unless good reason to the contrary appear.
Section 5. The Board of Trustees shall direct the various counties
as to which asylum or hospital their insane shall be sent.
Section 6. For the purpose of carrying out the provisions of this act,
also including the payment of the salaries of officers, and employees, for
the maintenance and general and contingent expenses of the Eastern
Oregon State Hospital up to and including the 31st day of December,
1912, there is hereby appropriated out of any funds in the State treasury
not. otherwise appropriated the sum of two hundred thousand dollars,
or so much thereof as may be necessary.
Section 7. This act shall be submitted to the legal voters of this State
for their approval or rejection at the next regular biennial election in
November, 1910, in the same manner as provided for the submission of
proposed laws to the people under the Initiative shall become a law at
such time if approved by the majority of the legal voters voting hereon.
Passed the House February 16, 1909.
C. N. McARTHUR, Speaker of the House.
Passed the Senate February 19, 1909.
.JAY BOWERMAN, President of the Senate.
(Endorsed)
House Bill No. 227.
W. F. Drager, Chief Clerk.
Executive Department, State of Oregon. Received February 20, 1909.
Filed February 23, 1909.
F. W. Benson, Secretary of State.
Submitted to Voters op Oregon November 8, 1910 11
ARGUMENT
(affirmative)
SUBMITTED BY
FENDLETON COMMERCIAL CLUB, UNION COMMERCIAL CLUB,
and BAKER COMMERCIAL CLUB,
in favor of the measure designated on the official ballot as follows:
REFERRED TO THE PEOPLE BY LEGISLATIVE ASSEMBLY
An act authorizing the purchase of a site for and the
construction and maintenance of a branch insane
asylum to be located, in the discretion of the Board
of Trustees of the Oregon State Insane Asylum, at or
within five miles of either of the following cities,
to-wit: Baker City, Pendleton, or Union, in Eastern
Oregon, to be called "The Eastern Oregon State
Hospital." Vote YES or NO.
303^ No^
ARGUJvIENT IN FAVOR OF ABOVE MEASURE.
House Bill No. 227, providing for the establishment of a Branch Insane
Asylum in Eastern Oregon, was passed by the Legislative Assembly of
1909, and is submitted to the votei's of the State as required by the
amendment to the Constitution permitting the location of State institu-
tions elsev/here than at the State Capital. The rcanagement of the present
asylum say it is almost filled to its capacity now, and the rapid increase
in the population of the State makes the erection of additional buildings
an absolute necessity. California has asylums in six localities; Wash-
ington two, and Idaho two. It will cost no more to build and maintain
a Branch Asylum in Eastern Oregon than at Salem, and there would be
a saving in traveling expenses for the State attendants and patients and
their visiting friends and relatives. The medical profession agree that
many cases would be benefited by a change of climate, and as the cure
of the unfortunates is sought, rather than their detention, any course
tending to accomplish that result should be pursued. Eastern Oregon
v/ith its greater elevation and dry and invigorating climate, together
with a large preponderance of sunshine and pure water, makes the
location ideal from a sanitary and healthful standpoint; in fact, our
section has all the health-giving qualities that have proven such a
valuable resource to Colorado.
The legislators and voters of Eastern Oregon have always been liberal
and loyal in supporting the institutions and mieasures benefitting the
Western part of the State, and submit this in the confident hope that
equal fairness will be accorded to them.
PENDLETON COMMERCIAL CLUB,
UNION COMMERCIAL CLUB,
BAKER COMMERCIAL CLUB.
12 Pamphlet Containing Measures to be
AN ACT
To provide for a constitutional convention for the purpose of making a
general revision of the Constitution of the State of Oregon,
to be submitted to the legal electors of the state of
Oregon for their approval or rejection
AT THE
REGULAR GENERAL ELECTION
TO BE HELD
On the Eighth Day of No\^mber, 1910,
Proposed by the Legislative Assembly and filed in the office of the
Secretary of State February 23, 1909, in accordance with the pro-
visions of Section 1 of Article XVII of the Constitution of the
State of Oregon, adopted by the people June 4, 1906.
Printed in pursuance of Section 8 of Chapter 226, Laws of 1907.
Secretary of Stat©
The following is the form and number in which the question will be
printed on the official ballot:
REFERRED TO THE PEOPLE BY LEGISLATIVE ASSEMBLY
An act to elect, on the first Monday in June, 1911, dele-
gates to a constitutional convention, to be held on the
second Monuay in October, 1911, for revising the Con-
stitution of the State, and providing for submission of
the proposed Constitution, so revised, to the legal
voters of the Slate for adoption or rejection on the
first Monday in April, 1912. Vote YES or NO.
304. Yes.
805. No.
Submitted to Voters of Oregon November 8, Id 10 IS
[On Official Ballot, Nos. 304 and 305.]
AN ACT
To provide for a constitutional convention for the purpose of making: a
general revision of the Constitution of the State of Oregon.
Be it enacted by the People of the State of Oregon:
Section 1. At a special election, to be held on the first Monday in
June, 1911, delegates shall be elected to meet in convention for the purpose
of making a general revision of the Constitution of the State of Oregon.
Section 2. The number of delegates to such convention shall be sixty,
and shall be elected from the same districts, and the same number from
each of said districts, as Representatives to the Legislative Assembly.
The required number of persons receiving the highest number of votes
for delegates in each of such districts shall be elected delegates.
Section 3. Delegates to said convention shall be nominated and elected
in the same manner as Representatives to the Legislative Assembly are
nominated and elected under present existing laws, and the general laws
regulating the printing of ballots and canvassing of the votes for Repre-
sentatives shall be applicable to the printing of the ballots and canvassing
of the votes for delegates to the constitutional convention. All laws not
inconsistent with this act, regulating the elecion of public officers at
general elections, shall be applicable to the election of delegates to such
convention.
Section 4. The qualifications of delegates shall be the same as the
qualifications of Senators and Representatives in the Legislative Assem-
bly, and such delegates shall have the same privilege of freedom from
arrest, service of civil process, and of speech as that now guaranteed to
the members of the Legislative Assembly.
Section 5. The delegates so chosen shall meet in convention in the
Hall of Representatives, in the Capitol building in the City of Salem, on
the second Monday in October, 1911, at ten o'clock in the forenoon. Two-
thirds of the delegates elected shall constitute a quorum for the ti-ans-
action of business, but a smaller number shall have the power to adjourn
from day to day, and to compel the attendance of absent members. The
convention shall organize by the election of one of their number as
president; they shall also choose such secretaries, sergeant-at-arms,
clerks, and official stenographer, who shall choose his assistants, messen-
gers, and other attendants, as they may deem necessary for the pi'oper
transaction of business. They shall adopt their own rules of order, shall
be the absolute judges of the election qualification and return of their
own members, and may punish for contempt by fine or imprisonment, in
their discretion, but no term of imprisonment shall continue beyond the
date of the final adjonmment of the convention. The convention shall
have power to fix the duties and compensation of its officers and em-
ployees. The compensation of delegates of said convention shall be five
dollars ($5.00) per day during the session of the convention, and ten
14 Pamphlet Containing Measures to be
cents ($ .10) per mile for each mile traveled by the nearest practicable
route in going to and returning from the place of holding the convention,
but no per diem shall be paid for any services after the expiration of
forty days from the convening of such convention. The compensation of
the delegates and of officers and employees of the convention, and all
incidental expenses of the convention, shall be pai(^ in the same manner
as provided by law for the payment of similar claims in the legislature.
The delegates in the convention shall be supplied with all needful sta-
tionery, and other supplies, in the same manner provided in case of the
legislature. It shall be the duty of the Secretary of State to attend said
convention, at the opening thereof, to call the roll thereof, according to
the returns on file in his office, which shall be certified to the convention
by him, and to preside at all meetings thereof until a president has been
elected, and has taken his seat, but the Secretary of State shall have no
vote therein. All public officers, civil and military, and all boards and
commissions shall promptly furnish said convention with all such informa-
tion, papers, statements, books, or other public documents in their posses-
sion, as the said convention shall order or require for its use from time
to time while in session.
Section 6. A journal of the proceedings of said convention shall be
kept and printed daily and given to each member; this journal may be
mailed by the secretary or chief clerk to any person who may request it.
The journals and debates of the convention shall be published in such
form and style as may be determined by the convention, and when so
published, it shall be deemed the official records of such convention. All
claims for paper, stationery, printing, and binding shall be audited,
allowed, and paid by the Secretary of State and State Treasurer in the
manner provided by law. The Secretary of State, previous to the meeting
of the convention, shall prepare the Hall of Representatives and the
Senate Chamber and I'ooms connected therewith, and other necessary
committee rooms for the use and occupation of the convention during its
session. The doors of the convention shall be kept open to the public
during all of its sessions.
Section 7. After the convention shall have approved the draft of the
proposed new constitution, the same shall be enrolled in the same manner
as acts of the legislature, signed by the president and secretary, and
when so signed shall be deposited in the office of the Secretary of State,
and shall be deemed the official copy of the proposed constitution as
adopted by the convention. It shall be printed, distributed, and disposed
of in the same manner as acts of the legislature. The said proposed
constitution shall be submitted to the people for adoption or rejection,
as a whole, on the first Monday in April, 1912. The qualifications of
voters at all elections provided for in this act shall be the same as the
qualifications of voters at general elections provided for in the Constitu-
tion and general laws of the State of Oregon. The county clerks in the
several counties in this State shall cause to be printed on the ballot
prepared for the purpose the words "for adoption of constitution, vote
Submitted to Voters of Oregon November 8, 1910 15
yes or no, mark between the number and the answer for, 12 — yes, 13 — no."
Should the constitution so submitted to a vote of the electors of this
State receive more votes in its favor than shall be cast against it, it shall
be declared adopted, as the Constitution of this State, upon proclamation
by the Governor; otherwise, it shall be rejected. All votes cast at such
election shall be taken, counted, canvassed and returned, as provided by
law for the election of State officers.
Section 8. All willful and corrupt, false swearing in taking any of the
oaths prescribed by this act, or by the laws of this State, m.ade applicable
to this act, or in any other mode or form in carrying into effect this act,
shall be punished in the same manner now prescribed by law for willful
and corrupt perjury.
Section 9. The convention shall, before its adjournment, prepare and
adopt an address to the people of the State, explaining the proposed
changes in the present Constitution, the reason for each change, and such
other matters as to the convention shall seem advisable. Such address,
together with the proposed revised constitution, shall be printed in
pamphlet form and distributed in the same manner and in the same
numbers as provided by law for printing and distributing measures
initiated by and measures referred to the people at general elections.
Section 10. Tiiis entire act shall be submitted to the people for adop-
tion or rejection at the regular, general, biennial election held on the first
Tuesday after the first Monday in November, 1910.
Passed by the House, February 4, 1909.
C. N. McARTHUR, Speaker of the House.
Passed by the Senate, February 20, 1909.
JAY BOWERMAN, President of the Senate.
(Endorsed)
House Bill No. 186.
W. F. Drager, Chief Clerk.
Executive Department, State of Oregon. Received February 20, 1909.
Filed February 23, 1909.
F. W. Benson, Secretary of State.
16 ' Pamphlet Containing Measures to be
AN AMENDMENT
TO THE
constitution of the state of oregon
to be submitted to the legal electors of the state of
Oregon for their approval or rejection
AT THE
REGULAR general ELECTION
TO BE HELD
On the Eighth Day of November, 1910,
TO AMEND
Sections 6 and 7 of Article IV,
Proposed by the Legislative Assembly and filed in the office of the Secre-
tai-y of State February 23, 1909, in accordance with the provisions
of Section 1 of Article XVII of the Constitution of the State
of Oregon, adopted by the people June 4, 1906.
Printed in pursuance of Section 8 of Chapter 22C, Laws of 1907.
Secretary of State.
The following is the form and number in which the question will be
printed on the official ballot:
REFERRED TO THE PEOPLE BY LEGISLATIVE ASSEMBLY
For amendment of Sections 6 and 7, Article IV, of the
Constitution of this State, to provide a separate dis-
trict for the election of each State Senator and each
State Representative. Vote YES or NO.
306. Yes.
307. No.
Submitted to Voters of Oregon November 8, 1910 17
[On Official Ballot, Nos. 306 and 307.]
SENATE JOINT RESOLUTION.
Be it Resolved by the Senate, the House of Representatives concurring,
that the following amendment to the Constitution of the State of
Oregon be, and the same is hereby proposed, to wit:
That Sections 6 and 7 of Article IV of the Constitution of the State
of Oi'egon be, and the same are hereby amended to read as follows:
Section 6. The number of Senators and Representatives shall, at the
session next following the enumeration of the inhabitants of the State of
Oregon bj' the United States, be fixed by law, and apportioned among
the several counties according to the population in each, but in such
enumeration no person shall be counted who is not a citizen of the
United States and of this State, or who is not under the laws thereof
eligible to citizenship. The ratio of Senators and Representatives shall
be determined by dividing the whole number of citizens and persons who
are not citizens, but eligible to become such, by such respective ratio;
but when a fraction shall result from such division, and shall exceed
one-half of any such ratio, such county or district shall be entitled to a
member for such fraction. In case any county shall not have the requisite
population to entitle such county to a member, then such county shall be
combined with some adjoining county, or portion thereof for senatorial
or representative purposes. After the State has been divided into
senatorial and representative districts, either by counties or combinations
of counties, or portions of counties, then such district shall be sub-divided
in such a manner that each Senator and Representative will represent but
one district or sub-division of the county or district as the case may be.
Section 7. No district shall be created which shall be composed of
portions of two or more counties, but districts may be created which are
composed of one or more entire counties, or one or more entire counties
;>nd a portion of another county.
Concurred i» by tlie House, February 19, 1909. "
C. N. McARTHUR, Speaker of the House.
Adopted by the Senate, February 13, 1909.
JAY BOWERMAN, President of the Senate.
! Endorsed)
Senate Joint Resolution No. 19
Wm. H. Barry, Clief Clerk.
Filed Febmary 23, 1909.
F W. Benson, Secretary of Statf
18 Pamphlet Containing Measures to be
ARGUMENT
(negative)
SUBMITTED BY
THE PEOPLE'S POWER LEAGUE OF OREGON
opposing the measures designated on the official ballot as follows:
REFERRED TO THE PEOPLE BY LEGISLATIVE ASSEMBLY
An act to elect, on the first Monday in June, 1911, dele-
gate? to a constitutional convention, to be held on the
second Monday in October, 1911, for revising the Con-
stitution of the State, and providing for submission of
the proposed Constitution, so revised, to the legal
voters of the State for adoption or rejection on the
first Monday in April, 1912. Vote YES or NO-
304. Yes.
305. No.
For amendment of Sections 6 and 7, Article IV, of the
Constitution of this State, to provide a separate dis-
trict for the election of each State Senator and each
State Representative. Vote YES or NO.
306. Yes.
307. No.
ARGUMENT
Presented by the People's Power League for voting "NO" on the follow-
ing measures passed by the Legislative Assembly:
1. Bill to call a constitutional convention. The official ballot number
to vote "NO" is 305.
2. Amendment to the Constitution restricting the power of the people
to make any law for elections by proportional representation, by requiring
a .separate district for the election of each State Senator and another
for the election of each Stnto Representative. The official ballot number
Lo vote "NO" is 307.
Submitted to Voters of Oregon November 8, 1910 19
For officers and members of the People's Power League see the last
argument and last four measures in this book.
1. We believe and respectfully submit that the bill for a constitutional
convention is unwise and dangerous, and should therefore be defeated on
account of the number of special elections required, the unnecessary
expense for such special elections and the plan to take av/ay from the
people the political powers they now have. The bill calls for three
special elections throughout the State between April, 1911, and Novem-
ber, 1912. These special elections will cost the people at least one hundred
and fifty thousand dollars ($150,000). The first is the primary election
in April, 1911, to nominate candidates for the office of delegate to the
constitutional convention; second, a special general election all over the
State to elect the delegates; third, a special general election in April,
1912, to approve or reject the constitution made by the convention. In
September, 1912, we have the regular general primary election to nomi-
nate candidates for State and county offices, and then in November the
general election to elect the officers.
If this bill is approved, and its provisions are enforced, there will be
five general elections over the State in the nineteen months between
April, 1911, and November, 1912. But the railroad, street railroad, tele-
phone, express companies and other special interests behind this scheme
for a constitutional convention intend that the people shall not have a
chance to vote on a new Constitution, even if the people approve the bill.
The plan is to have a new Constitution made and "proclaimed" by the
convention as the Constitution of Oregon, without permitting the people
to vote on that new Constitution. In that way, if the people approve of
this bill, the convention can make a new Constitution for Oregon, leaving
out the initiative, referendum and recall, and thus take from the people
the power they now have to manage their public affairs. The legislature
has the power to submit amendments to the Constitution, and the people
have the power under the initiative to submit amendments; so there is no
need for a convention to revise the Constitution.
Since 1890, constitutional conventions have made and "proclaimed"
new constitutions for Mississippi, South Carolina, Delaware, Louisiana,
Virginia and Kentucky without allowing the people to vote on them; and
the state supreme courts have upheld the right of the conventions to
foi'ce these constitutions upon the people, though in Virginia and Ken-
tucky the laws calling the conventions especially provided that the new
constitution should be submitted to the people for their approval or
rejection. See the cases of Taylor vs. Commonwealth (Virginia Supreme
Court Reports, Vol. 101, page 829), and Miller vs. Johnson (92 Kentucky,
page 589.) The ballot number to vote "NO" on this bill is 305.
2. Separate District Plan. We respectfully submit reasons why we
believe this amendment to require a separate district for the election of
each State Senator and State Representative should be defeated. The
separate district plan is the one by which representatives in Congress^
20 Pamphlet Containing Measures to be
have been elected for nearly sixty years, and the utter failure of the
system to give a square deal to either the people or the political parties
was clearly stated by Representative (afterwards President) Garfield in
Congress in 1870 in these words:
"When I was first elected to Congress in the fall of 1862, the State of
Ohio had a clear Republican majority of about 25,000; but, by the adjust-
ment and distribution of political power in the State, there were fourteen
Democratic Representatives upon this floor, and only five Republicans.
The State that cast a majority of nearly 25,000 Republican votes was
represented in the proportion of one Republican and three Democrats. In
the next Congress there was no great political change in the popular vote
of Ohio — a change of only 20,000 — but the result was that seventeen
Republican members were sent from Ohio, and only two Democrats. We
find that only so small a change as 20,000 changed their representatives in
Congress from fourteen Democrats and five Republicans to seventeen
Republicans and two Democrats. Now, no man, whatever his politics, can
justly defend a system that may in theory, and frequently does in
practice, produce such results as these."
The single district plan is the one by which in Alabama every 535
Democratic voters can elect a member of the legislature, while 25,303
Republican voters can elect only one member; in Florida every 311
Democratic voters elect a member, and 3,747 Socialist voters elect one,
but 10,654 Republicans cannot elect a member; by which in Michigan
every 2,583 Republicans elect a member of the legislature, but 87,885
Democrats elect only one member; and by which in Georgia every 323
Democrats elect one member, but 41,692 Republicans cannot elect a
member.
The theory is that the legislature represents all the people and that all
the people are represented in the legislature. But how can there be a
representative legislature under the single district plan? Surely, there
can be no real representation in the South Carolina legislature when it
requires 3,693 Republican votes to elect one member and only 377 Demo-
cratic votes to elect a member — so that one Democratic vote has as much
force in law-making as ten and a half Republican votes. There is no real
representation in Louisiana, where every 404 Democrats elect a member
of the legislature, but 8,958 Republican voters cannot elect a member;
nor in Texas where it takes 16,466 Republican voters to elect a legislator,
but only 1,597 Democratic voters to elect one.
It is because of the single district plan of electing members of the
legislature that one Republican vote is equal to three Democratic votes
in Connecticut and to thirty-three Democratic votes in Michigan; and
because of the single district system that one Democratic vote is equal to
five Republican votes in Alabama, to more than ten Republican votes in
South Carolina, to more than 10,000 Republican votes in Florida, and to
more than 41,000 Republican votes in Georgia.
There cannot be equality before the law as long as there is inequality
at the ballot box. There is no equality at the ballot box when the vote
of one citizen counts for more than the vote of another citizen, and when
many citizens are denied representation in the law-making body solely
Submitted to Voters of Oregon November 8, 1910 21
because of their political beliefs. The single district plan insures mis-
representation. A representative legislature and representative legislators
are impossible under such a plan.
In 1908 the voters of Oregon, by a majority of 14,740 votes, approved a
constitutional amendment for proportional representation so as to abolish
the system by which in 1906 the 54,000 Republican voters of the State
elected fifty-nine of the sixty representatives in the legislature, while the
40,000 opposition voters — Democrats, Socialists and Prohibitionists — were
able to elect only one representative. The Sjngle district amendment
I)roposed by the legislature for electing legislators is merely an attempt
to nullify the amendment adopted by the voters two years ago; and in
proposing the single district amendment the legislature did not represent
the 48,868 voters who approved of the proportional representation amend-
ment in 1908, but represented the 34,128 minority voters who did not
approve of it. The ballot number to vote "NO" on the single district
amendment is 307.
We beg to call special attention to the last argument in this book, sub-
mitted by the People's Power League in support of four measures pro-
posed by the League by initiative petition, in which we show how the
system of proportional representation will work in the election of members
of the legislature. The People's Power League measures are the last
four on the ballot.
If the People's Power League amendment — ballot number 360 to vote
"YES" — is adopted and a majority of the voters favor Statement No. 1
at the election in 1912, a majority of the members of the legislature will
be for Statement No. 1; but if a majority of the voters favor the old
auction-block method of electing United States Senators, then the majority
of the legislature will be for the auction-block method. The proportional
representation plan of the People's Power League will be absolutely fair
in operation and results to every political party, to every independent
and to all the voters.
Respectfully submitted to the electors of Oregon by
THE PEOPLE'S POWER LEAGUE OB^ OREGON.
[See page in later part of pamphlet f«r officers and members of People's Power
Leagxie. }
22 Pamphlet Containing Measures to be
AN AMENDMENT
TO THE
constitution of the state of oregon
to be submitted to the legal electors of the state of
Oregon for their approval or rejection
AT THE
regular general election
TO BE HELD
On the Eighth Day of November, 1910,
TO AMEND
Section 32 of Article I,
I foposed by the Legislative Assembly and filed in the office of the Secre-
tary of State February 23, 1909, in accordance with the provisions
of Section 1 of Article XVII of the Constitution of the State
of Oregon, adopted by the people June 4, 1906.
Printed in pursuance of Section 8 of Chapter 226, Laws of 1907.
Secretary of State.
The following is the form and number in which the question will he
printed on the official ballot :
referred to the people by legislative ASSEMBLY
For an amendment of Section 32, Article I, of the Con-
stitution of Oregon, by omitting the words "and all
taxation shall be equal and uniform," and inserting in
lieu thereof, the words: "taxes shall be levied and
collected for public purposes only, and the power of
taxation shall never be surrendei'ed, suspended, or
contracted away." Vote YES or NO.
308. Yes.
309. No.
Submitted to Voters of Oregon November 8, 1910 23
[On Official Ballot, Nos. 308 and 309.]
SENATE JOINT RESOLUTION.
Be it resolved by the Senate, the House concurring:
That Section 32 of Article I of the Constitution of the State of Oregon,
be, and the same is, abrogated, and in lieu thereof shall be inserted the
following:
Section 32. No tax or duty shall be imposed without the consent of
the people or their representatives in the Legislative Assembly. Taxes
shall be levied and collected for public purposes only, and the power of
taxation shall never be surrendered, suspended, or contracted away.
Adopted by the House, February 18, 1909.
C. N. McARTHUR, Speaker of the House.
Adopted by the Senate February 18, 1909.
JAY BOWERMAN, President of the Senate.
(Endorsed)
Senate Joint Resolution No. 22.
Wm. H. Barry, Clief Clerk.
Filed February 23, 1909.
F- W. Benson, Secretary of State.
24 Pamphlet Containing Measures to be
ARGUMENT
(affirmative)
SUBMITTED BY
THE OREGON STATE FEDERATION OF LABOR
and the
CENTRAL LABOR COUNCIL OF PORTLAND AND VICINITY,
in favor of the measure designated on the official ballot as follows:
REFERRED TO THE PEOPLE BY LEGISLATIVE ASSEMBLY
For an amendment of Section 32, Article I, of the Con-
stitution of Oregon, by omitting the words "and all
taxation shall be equal and uniform," and inserting in
lieu thereof, the words: "taxes shall be levied and
collected for public purposes only, and the power of
taxation shall never be surrendered, suspended, or
contracted away." Vote YES or NO.
308. Yes.
309. No.
THE OREGON STATE FEDERATION OF LABOR
and the
CENTRAL LABOR COUNCIL OF PORTLAND AND VICINITY, ^
By their Joint Committee, Will Daly, President; J. F. Cassidy and William
Noffke, on behalf of the Oregon State Federation of Labor; H. J. Parki-
son, Secretary, William MacKenzie and Charles Grassman, on behalf of
the Central Labor Council of Portland and Vicinity, offer this argument
to explain and advocate the approval by the people of the following three
amendments to the Constitution, relating to taxation, the first two pro-
posed by the Legislative Assembly and the third by initiative petition :
Official Ballot No. 308— To amend Section 32 of Article L
Official Ballot No. 312— To amend Section 1 of Article IX.
Official Ballot No. 326 — To amend Article IX by adding Section la.
The adoption of these amendments will very greatly increase the
people's power. They will repeal the poll tax, which is the most odious
and unjust of all taxes, and will give the plain people and taxpayers the
greatest of all powers of government except the initiative and referen-
dum. With very rare exceptions, the only men who pay the poll tax are
a few laborers and men who own real property. The tax is unjust not
only because it i.'' onl1Pct«»d frrivn very few of the men who nrp 5?nppnsprl
Submitted to Voters of Oregon November 8, 1910 25
to pay, but also because it bears so unequally on men in pi'oportion to
their ability to pay.
The laborer supporting a family on $2 a day pays exactly the same
poll tax as the corporation manager with a salary of ten thousand dollars
a year. If the laborer can starve his family into saving fifty cents a
day, the savings of six days labor will just pay his poll tax; the corpo-
ration manager can easily save enough to pay his poll tax from his salary
for two hours' work. One man lives easily and saves enough to pay his
fchare of the tax with two hours work; the other lives hard and saves
enough on sixty hours' work to pay his share of the tax. The odds are
thirty to one in favor of the rich man. Is it possible to imagine a more
outrageously unjust tax than this?
In addition to abolishing this unjust tax the amendments take from the
legislature the power to make any law declaring what pi-operty shall be
taxed or what shall be exempted; how it shall be taxed or how it shall be
exempted; the utmost that the legislature will have authority to do is to
propose such laws to the people for their approval or rejection. If the
amendments are adopted the voters will have no one but themselves to
blame if the tax laws are not speedily made to bear with equal weight
on every citizen.
Besides removing all the constitutional restrictions on the power of
the people to make laws for taxation of any property and exemption of
any class of property, they give to the people of each county that same
power for their county, subject always to the general laws made by the
people of the State. The county home rule provision is a valuable part
of these amendments. Every county will be obliged to pay its fair share
of the State taxes, but the people of the county may decide for themselves
how they will raise the money; and it will make no difference whatever
to the people of the other counties. Different methods and systems of
taxation and exemption can thus be tried on a small scale, just as other
inventions and experiments are first tried out on a small scale. With the
people of every county studying and experimenting on this question of
just laws for taxation and exemptions, it is certain that in a very few
years Oregon will develop a fair system of taxation that will bear equally
and justly on every citizen.
As we have said, these are strictly, "People's Power" amendments.
Except the original initiative and referendum amendment, no other
measure has ever been offered in Oregon to give the people so great and
important power as this direct power to manage their own pocketbooks.
The approval of these amendments will give to the plain people and the
taxpayers of Oregon more bread-and-butter piofits from the government
than they have ever had in the past. Therefore, v/e earnestly hope that
the above amendments will be approved by the people of Oregon at the
November election.
Respectfully submitted to the electors of Oregon by the
OREGON STATE FEDERATION OF LABOR, and the
CENTRAL LABOR COUNCIL OF PORTLAND AND VICINITY.
26 Pamphlet Containing Measures to be
AN AMENDMENT
TO THE
constitution of the state of oregon
to be submitted to the legal electors of the state of
Oregon for their approval or rejection
AT THE
REGULAR general ELECTION
TO BE HELD
On the Eighth Day of November, 1910,
TO AMEND
Article IX,
Proposed by the Legislative Assembly and filed in the office of the Secre-
tary of State February 23, 1909, in accordance with the provisions
of Section 1 of Article XVII of the Constitution of the State
of Oregon, adopted by the people June 4, 1906.
Printed in pursuance of Section 8 of Chapter 226, Laws of 1907.
Secretary of State.
The following is the form and number in which the question will be
printed on the official ballot:
referred to the PEOPLE BY LEGISLATIVE ASSEMBLY
For amendment of the Oregon Constitution, Article
IX (XIX) authorizing the creation of railroad dis-
tricts and the purchase and construction of railroads,
or other highways by the State, counties, munici-
palities, and railroad districts, creation of liens upon
property or levying taxes for the payment of the
same. Vote YES or NO.
310. Yes.
311. No.
Submitted to Voters of Oregon November 8, 1910 27
[On Official Ballot, Nos. 310 and 311.]
SUBSTITUTE HOUSE JOINT RESOLUTION NO. 15.
Proposed Amendment to the Constitution of the State of Oregon.
Resolved by the House, the Senate concurring:
That the following amendment to the Constitution of the State of
Oregon be and the same is hereby proposed:
Article IX.
Section 1. The people of the State of Oregon, or the Legislative
Assembly, may create railroad districts, within the State, empowered to
construct railroads, or other highways, to serve said district.
Section 2. The State, or any county, municipality or railroad district
of the State, may purchase or construct railroads, or other highways,
within the State and lease or operate the same.
Section 3. The State, or any county, municipality or railroad district
may pledge its credit, levy general taxes, or create a special lien upon
land and also upon the real estate of any town, or towns, benefited, or do
any other act necessary to create a fund for the purchase or construction
01 operation of railroads or other highways within the State.
Section 4. The State may condemn, under the power of eminent
domain, or purchase any railroad or highway within tiiis State. But in
case of purchase, by voluntary agreement, the price paid shall in no case
exceed the cost of duplicating the property at the time of purchase.
Section 5. The State, or any county, municipality or railroad district,
shall not operate any railroad, or other highway unless compelled so to do
for good reasons, or unless justified in so doing by a superior profit or
result, but no railroad, or other highway, or any part thereof, shall be
leased for a less rental than will provide for the payment of the interest
and fixed charges, and a proper sinking fund for the retirement of the
debt, or if there be no debt, then for a reasonable return vipon the
investment, such as would be demanded by private capital.
Section 6. No railroad or other highway, owned by the State, or any
county, municipality or railroad district, shall be sold to a private person,
or corporation, nor disposed of, except to the State, or ?i public copora-
tion thereof, and any such transfer or amalgamation shall not impair
the obligations issued in behalf of the road or highway transferred or
amalgamated.
Section 7. So much of Sections 5, 7, 8, 9, and 10 of Article XI of the
State Constitution as conflict with the provisions of this amendment, and
any other parts of the Constitution in conflict with the purpose of this
amendment, are hereby repealed insofar, only, as they conflict with the
purposes of this amendment- But nothing in this amendment shall be
construed as in any way impairing the right of the people under what is
known as the Initiative and Referendum.
Adopted by the House, February 15, 1909.
C. N. McARTHUR, Speaker of the House.
Concurred in by the Senate, February 19, 1909.
(Endorsed) JAY BOWERMAN, President of the Senate.
Substitute House Joint Resolution No. 15 W. F. Drager, Chief Clerk.
Filed February 23, 1909. F. W. Benson, Secretary of State.
28 Pamphlet Containing Measures to be
ARGUMENT
(affirmative)
SUBMITTED BY
C. E. S. WOOD, E. HOFER, WM. GRIMES, E. S. J. McALLISTER
and W. S. U'REN,
in favor of the measure designated on the official ballot as follows:
REFERRED TO THE PEOPLE BY LEGISLATIVE ASSEMBLY
For amendment of the Oregon Constitution, Article
IX (XIX) authorizing the creation of railroad dis.-
tricts and the purchase and construction of railroads,
or other highwaj's by the State, counties, munici-
palities, and railroad districts, creation of liens upon
property or levying taxes for the payment of the
same. Vote YES or NO.
310. Yes.
311. No.
ARGUMENT
In favor of amending the Constitution of the State of Oregon by adding
thereto Article XIX. By error of the Legislative Assembly it is
printed .as "Article IX."
Official Ballot No. 210- During the legislative session of 1909, the
Portland Chamber of Commerce and other associations of business men
went to Salem, or sent committees, to request the Legislative Assembly
to submit this amendment, so that the people of Oregon might take the
power to free them.'=;elves from railroad monopoly in this State. Soon
after the legislature submitted the amendment, the railroad companies
began to take an interest in building lines in Oregon. Believing that the
people need the power to free themselves from railroad monopoly, to
have it ready for use in any future emergency, we submit the following
argument in favor of the amendment.
Contrary to what has been often erroneously repeated, tTie Constitution
of the State of Oregon does not prohibit the State from building or
owning railroads. There is no such constitutional prohibition in any
Submitted to Voters of Oregon November 8, 1910 29
state in the Union. The State has as perfect a right to own and control
its iron highways as its dirt highways or its canals. What the Constitu-
tion of our State does prohibit is that the State shall go into debt more
than $50,000, or that it shall go into partnership with any private
corporation.
Th« purpose of this amendment is simplj' to remove the prohibition
against the State issuing bonds for railroad purposes in order that the
State may be upon the same footing as private capitalists in entering the
money markets of the world. The amendment permits bond issues for
highway purposes and none other. Any affiliation with private corpo-
rations is still prohibited and the power of the State to alienate any of
its highways is expressly denied. All possibility of graft is -shut off and
the people's rights are strictly preserved.
The amendment is but one more step in line with the people's resump-
tion of those great fundamental powers which naturally belong to them.
There is no greater power than the control of a nation's highways and
no power which it is more important that the people should preserve. The
corruption of legislatures, city councils, United States Senate and the
vast power exercised by the railways is proof of this. Railroads struggle
with each other for the possession of strategic passes, city water front,
etc., all of which indicates the falsity of private ownership.
The great mistake was made when in the beginning, by reason of the
strangeness of the situation, railroads were permitted to be owned by
private parties. It was the first time in the history of the world that
any nation ever turned over to private interests its whole system of
highways, the great arteries of commerce which take toll from every one.
This mistake soon made itself felt and the people ever since have been
instinctively but blindly struggling to assert their ownership, which has
taken the complicated form of Interstate Commerce Commission, State
Railway Commission, Rate Bills, etc The right of the people to o^vn
the railroads is shown in the determination to regulate them, for regula-
tion means ownership. Against this more or less blind effort of the
people the private owners struggle by every means in their power,
honestly believing that the railroads they have built are their own property
and that they have the right to tax the people all the traffic will bear.
Oregon has been the spectacle of how a great State may be strangled
by a private corporation which controls her iron highways and the head
of which contemptuously said that if Oregon did not like it she could
build her own railroads, well knowing that the private individuals of
Oregon could not finance a sufficiently strong corporation and that the
liands of the State itself were tied. This amendment proposes to remove
these shackles so that never again shall our country witness a gi-eat
sovereign State with millions of undeveloped acres sitting helpless while
her neighbors to the north and south pass her in the race of progress
while she awaits the whim of private capital.
We repeat, the essence of this amendment is to put the sovereign State
of Oregon on an equal footing with private capitalists in the bond-buying
30 Pamphlet Containing Measures to be
markets of the world, for the men who build railroads do not furnish the
money from their own pockets, but go to the general public with their
bonds — a thing which the Constitution of Oregon prohibits this State from
doing and which this amendment seeks to remove, we repeat, solely for
highway purposes.
We now examine some special objections which have been made to this
amendment.
1. That it is against the wisdom of the forefathers of the State to
build and own railroads.
This is not true. It was a mere accident owing to the capital required
and the novelty of the proposition which started the railroads as the
ventures of private capital. The forefathers had no more reason against
the State ov^ming its railroads than they had against it owning its canals.
Abraham Lincoln expressly advocated it for the State of Illinois. Sup-
pose his advice had been followed. Imagine the revenues that State
would receive from the rental of the railroads in Illinois to operating
companies.
2. That it is a radically new departure.
This is not true. As already suggested, the radical departure was
when for the first time in history, a people permitted its most important
highways to be owned by private individuals. The evils which have
grown from this fault have already been hinted at and are known to
all men.
3. That the experience of other states in the past in going into the
railroad business has been disastrous.
This is not true. Where are the other states and what are the roads?
As a matter of fact the Western & Atlantic Railroad, built and o\vned
by the State of Georgia, was not satisfactory during the cai'pet-bagging
days when run by the politicians, but since it has been leased to a private
operating company, with conditions of management laid down in the
lease, every one has been satisfied and the State receives from this
property a net rental of more than .$450,000 a year. The ownership and
operation by the government of railroads in various European countries
has been satisfactory, and in Germany and Holland certain provinces
which went back to private operations again returned to state operation
as more satisfactory, and the statement that freight rates are higher in
Europe is misleading, because in the European freight rates is included
all express matter, special, fast and fancy freight.
The fact is that what people have in mind when they speak of the past
experiences in this country with the railroads is that the railroad by
private lobbies procured great land grants, money subsidies and pur-
chases of railroad bonds by the State for which the people received
absolutely nothing in return. It was pure graft and is very different
from the State owning its own highways and leasing them under proper
lestrictions for operation. In those days the raih'oads were the bosses.
We propose that the people shall now dictate.
Submitted to Voters of Oregon November 8, 1910 31
4. That it will bankrupt the State.
For the State to sell its bonds and build railroads in this State will no
more bankrupt it than the building of railroads in Eastern Washington
bankrupted the owners of those railroads^every one of which is im-
mensely profitable. If no other alternative offered, Oregon could afford
to build railroads merely for the purpose of bringing in people and
developing the great wealth of the State.
5. It is said it will bring the State railroad into politics.
Are the people not already forced into railroad politics to protect
themselves? And why should State ownership of railroad produce a
worse state of affairs than railroad ownership of the State? Besides,
the people of Oregon are waking to their powers and their rights and
by the Initiative, the Recall, and the Direct Primary have the means
of control in their own hands.
6. Privately owned railroads will parallel the State-built railroads.
Then we will have two railroads instead of one.
7. That the State taking control of the highways will drive out
private capital-
Has the State taking control of railroads by the various enactments
and commissions driven away capital? It would seem not. When a city
takes control of its gas works, street railways or water works, capital
is not driven from the city, nor discouraged, but the capital released from
these investments immediately seeks another form of investment.
8. That the money barons would kill the sale of the bonds.
The money barons could kill the sale of bonds by any private corpoi'a-
tion formed in Oregon, but could no more impair the credit of the bonds of
the sovereign State of Oregon than they could the bonds of the United
States.
The State is already in the railroad business, operating the portage
railroad at The Dalles, and as this does not bring the State a visible net
profit it is pointed out as a horrible example. The fact is, it was never
expected to be profitable in itself. It is not strictly a railroad, but a link
in river navigation. It should be valued, like a fire engine, by the
purpose it serves, namely: forcing a reduction of railroad rates.
It is not necessary that the State should engage in railroad operation.
The existing j-ailroads are not operated by the capitalists who own them,
but by salaried men, and there are plenty of men in the United States
without capital to build roads who would be glad to form operating
companies and lease roads owned by the State.
There is one great consideration lost sight of, and that is that the
right-of-way of a railroad becomes the most valuable property in the
State as the State develops and becomes populous. For example, the
right-of-way of the Western & Atlantic, which was originally worth
nothing, is now rated at twelve million dollars. In the same way,
rights-of-way through Oregon which are now rated at nothing will
twenty years hence, when the State is thickly populated, be worth many
millions of dollars. Should not these properties be secured by the State
32 Pamphlet Containing Measures to be
now, rather than some day pay the private owners immense sums for
taking them over? These values are made by the increase of population
and they belong to the people, not to the railroad. It is true the railroad
will have helped develop the State and bring in the population, but it
will have been paid day by day for so doing and the unearned increment
belongs to the people as a whole who have made it.
In conclusion, read the amendment itself. Consider if it is not right
that the people should own and control their own highways and if the
other highways, why not the most important ones, the railroads? Con-
sider that operation is entirely distinct from ownership. Consider that
all we are trying to do now in the way of regulation of railroads by a
complex and imperfect plan may be easily done by dictating in the lease
to the operating company those conditions under which it shall have the
privilege of operation.
Do not be misled by the fact that there is suggestion of railroad build-
ing now in Oregon. Perhaps this very amendment may have been the
cause. If we needed it once we may need it again, and more than all it is
right as a general principle, because it is the assumption by the people
of a power which naturally and inherently belongs in them.
C. E. S. WOOD,
E. HOFER,
WM. GRIMES,
E. s. J. McAllister,
W. S. U'REN.
Submitted to Voters of Oregon Nov. 8, 1910 33
AN AMENDMENT
TO THE
CONSTITUTION OF THE STATE OF OREGON
To be SUBMITTED TO THE LEGAL ELECTORS OF THE STATE OF
Oregon for their approval or rejection
AT THE
regular general election
TO BE HELD
On the Eighth Day of November, 1910,
TO AMEND
Section 1 of Article IX,
Proposed by the Legislative Assembly and filed in the office of the Secre-
tary of State February 23, 1909, in accordance with the provisions
of Section 1 of Article XVII of the Constitution of the State
of Oregon, adopted by the people June 4, 1906.
Printed in pursuance of Section 8 of Chapter 226, Laws of 1907.
Secretary of State.
The following is the form and number in which the question will be
printed on the official ballot:
referred to the people by legislative ASSEMBLY
For an amendment of Section 1 of Article IX of the
Constitution of the State of Oregon, directing a uni-
form rule of taxation "except on property specifically
taxed," authorizing the levy and collection of taxes
for State purposes and for county and other muni-
cipal purposes upon different classes of property, and
appropriating State taxes among the several counties
as county obligations. Vote YES or NO.
312. Yes.
313. No.
34 Pamppilet Containing Measures to be
[On Official Ballot, Nos. 312 and 313.]
HOUSE JOINT RESOLUTION NO. 17.
Be it resolved by the House of Representatives, the Senate concurring :
That Section 1 of Article IX of the Constitution of the State of
Oregon be, and the same is, abrogated, and in lieu thereof shill be
inserted the following:
Section 1. The Legislative Assembly shall, and the people through
the initiative may, provide by law a uniform rule of taxation, except on
property specifically taxed. Taxes shall be levied on such property as
shall be prescribed by law. The legislature, or the people through the
initiative, may provide for the levy and collection of taxes for State
purposes and for county and for other municipal purposes upon different
classes of property, and may provide for the ascertainment, determina-
tion, and application of an average rate of levy and taxation upon property
taxed for State purposes. The legislative power may provide for the
apportioning of any State tax among the several counties as county obliga-
tions to the State by reasonable and equitable rules.
Adopted by the House, February 15, 1909.
C. N. McARTHUR, Speaker of the House.
Concurred in by the Senate, February 18, 1909.
JAY BOWERMAN, President of the Senate.
(Endorsed)
House Joint Resolution No. 17.
W. F. Drager, Chief Clerk.
Filed February 23, 1909.
F. W. Benson, Secretary of State.
(Affirmative ai-gument follov^ing No. 308, covers this measure.)
Submitted to Voters of Oregon Nov. 8, 1910 35
A MEASURE
To fix the salary of the Judge of the Circuit Court of the Eighth Judicial
District in this State and to provide for the manner of its payment,
filed in the office of the Secretary of State, February 12, 1909.
TO BE SUBMITTED TO THE LEGAL ELECTORS OF THE STATE OF
OREGON FOR THEIR APPROVAL OR REJECTION
AT THE
REGULAR GENERAL ELECTION
TO BE HELD
On the Eighth Day of November, 1910,
Referendum ordered by petition of the people filed in the office of the
Secretary of State, May 20, 1909, in accoi'dance with the provisions
of Section 1 of Article IV of the Constitution of the State
of Oregon, adopted by the people June 2, 1902.
Printed in pursuance of Section 8 of Chapter 226, Laws of 1907.
Secretary of State.
The following is the form and number in which the question will be
printed on the official ballot:
REFERENDUM ORDERED BY PETITION OF THE PEOPLE
An act providing for the pajinent of $1000.00 annually
to the Judge of the Eighth Judicial District, b> Baker
county, in addition to the annual salary of $3000.00
received by him from the State. Vote YES or NO.
314. Yes.
315. No.
36 Pamphlet Containing Measures to be
[On Official Ballot, Nos. 314 and 315.]
AN ACT
To fix the salary of the Judge of the Circuit Court of the Eighth Judicial
District in this State and to provide for the manner of its payment.
Be it enacted by the People of the State of Oregon:
Section 1. The Judge of the Circuit Court of the Eighth Judicial Dis-
trict in this State shall receive an annual sajary of three thousand
/ $3000.00) dollars, payable quarterly, by the State, as the salaries of
other circuit judges are paid; and in addition thereto there shall be paid
annually by Baker county, out of the county funds, to the judge of said
court the sum of one thousand ($1000.00) dollars, which said sum shall
be audited and paid monthly in the same manner as county officers are
paid. The judge of said Circuit Court shall not receive any other allow-
ance for his services, either directly or indirectly.
Section 2. All acts and parts of acts in conflict herewith are hereby
repealed.
Passed by the House, February 2, 1909.
C. N. McARTHUR, Speaker of the House.
Passed by the Senate, January 22, 1909.
JAY BOWERMAN, President of the Senate.
(Endorsed)
Senate Bill No- 32.
Wm. H. Barry, Chief Clerk.
Executive Department, State of Oregon. Received February 5, 1909.
Passed the Senate, February 11, 1909, notwithstanding the veto of
the Governor.
Wm. H. Barry.
Passed the House, February 11, 1909, notwithstanding the veto of
the Governor.
W. F. Drager, Chief Clerk.
Filed February 12, 1909.
F. W. Benson, Secretary of State.
Submitted to Voters of Oregon Nov. 8, 1910 37
A BILL
TO BE SUBMITTED TO THE LEGAL ELECTORS OF THE STATE OF
OREGON FOR THEIR APPROVAL OR REJECTION
AT THE
REGULAR GENERAL ELECTION
TO BE HELD
ON THE EIGHTH DAY OF NOVEMBER, 1910,
To propose by initiative petition a law to create tlie County of Nesmith,
fixing the salaries of its officers and providing for its organization.
By initiative petition filed in the office of the Secretary of State, Decem-
ber 4, 1909, in accordance with the provisions of Chapter 226,
General Laws of Oregon, 1907.
Printed in pursuance of Section 8 of Chapter 226, Laws of 1907.
Secretary of State.
The following is the form and number in which the question will be sub-
mitted on the official ballot:
PROPOSED BY INITIATIVE PETITION.
A bill for an act to create the County of Nesmith out
of a portion of the northern part of Douglas County
and the southern part of Lane County; providing for
its organization, fixing the salaries of the officers
thereof, and for adjusting finances between the three
counties. Vote YES or NO.
316. Yes.
317. No.
38 Pamphlet Containing Measures to be
[On Official Ballot, Nos. 316 and 317.]
A BILL
To propose by initiative petition a law creating the County of Nesmith,
fixing the salaries of its officers and providing for its organization.
Be it enacted by the people of the State of Oregon:
Section 1. That all that portion of the State of Oregon embraced within
the following boundary lines be, and the same is hereby created and
organized into a' separate county, by tho name of Nesmith, to-wit: Be-
ginning at the southwest corner of section 7, township 19 south of range
west of the Willamette Meridian, and running thence south 1(5 miles, to the
southwest corner of township 21 south of range 7 west of the Willamette
Meridian ; thence east a. mg township line 21 miles to the southeast corner
of section 33, township 21 south of range 4 west of the Willamette Meridian;
thence south following the section lines 1-5 miles to the southeast corner of
section 16, township 24 south of range 4 west of the Willamette Meridian;
thenee east following the section lines 15 miles to the southeast corner of
section 13, township 24 south of range 2 west of the Willamette Meridian;
thence south along range line 9 miles to the southwest corner of township
2.5 south of range 1 west of the Willamette Meridian; thence east on town-
ship line between townships 25 and 26 to the summit of the Calapooia range
of mountains; thence in an easterly direction, following the summit of the
Calapooia range of mountains to its junction with the summit of the Cascade
range of mountains; thence northerly, following the ^^ummit of the said
Cascade range of mountains to its intersection with the township line be-
tween townships 2] and 22 south; thence west along said township line to
the southeast corner of township 21 south of range 2 east of the Wil-
lamette Meridian; thence north following section lines 2 miles; thenee west
2 miles; thence north 2 miles; thence west 2 miles; thence north 2 miles;
thence west ^ miles to the southwest corner of township 20 south of range
1 east of the Willamette Meridian; thence north 3 miles to the southeast
corner of section 13, township 20 south of range 1 west of Willamette
Meridian; thence west following section lines 6 miles to the southwest cor-
ner of section 18, township 20 south of range 1 west of the Willamette
Meridian; thence north 3 miles to the northeast corner of township 20
south of range 2 west of the Willamette Meridian; thence following section
lines west 3 miles to southeast corner of section 33, township 19 south, range
2 west of Willamette Meridian; thence north 4 miles; thence west 3 miles;
thence north 2 miles to the northwest corner of township 19 south of range
2 west of the Willamette Meridian; thence west 9 miles to the northwest
corner of section 3, township 19 south of range 4 west of the Willamette
Meridian; thence south 2 miles to the northeast corner of section 16, town-
ship 19 south of range 4 west of the Willamette Meridian; thence west,
following section lines to the place of beginning.
Submitted to Voters of Oregon Nov. 8, 1910 39
Section 2. That the territory embraced within said boundaries shall
compose a county for all civil and military purposes and shall be subject
to the same laws and restrictions and be entitled to elect the same officers
as other counties of this State; provided, that it shall be the duty of the
Governor, as soon as it shall be convenient after this law shall have gone
into effect, to appoint for Nesmith County and from its citizens, the several
county officers allowed by law to other counties in this State, which said
officers, when duly qualified according to law, shall be entitled to hold their
respective offices until their respective successors shall have been duly elect-
ed at the general election of 1912 and are duly qualified according to law.
Section 3. The temporary county seat of Nesmith County shall be
located at Cottage Grove, in said county, until a permanent location shall
have been adopted. At the next general election the question shall be sub-
mitted to the legal voters of said county, and the place, if any, which shall
receive a majority of all the votes east at said election upon said question,
shall b6 the permanent county seat of said county. But if no place shall re-
ceive a majority of all the votes so east, the question shall again be sub-
mitted to the legal voters of said county at the next general election, but
between the two points having the highest number of votes at said first elec-
tion, and the place receiving the highest number of votes so cast at such
election shall be the permanent county seat of said county.
Section 4. Said County of Nesmith shall, for representative purposes
be annexed to the third representative district, and for senatorial purposes
said county shall be annexed to the third senatorial district, being the repre-
sentative and senatorial districts, respectively, formerly composed of Lane
County. And shall also be attached to the second horticultural district.
Section 5. The County Clerks of Lane and Douglas Counties, respec-
tively, shall within thirty days after this law shall have gone into opera-
tion, make out and deliver to the County Clerk of Nesmith County, a tran-
script of all taxes upon all persons and property within said Nesmith County,
which were previously included within the limits of Lane and Douglas
<''ounties, respectively, and all taxes which shall remain unpaid upon the day
this act shall become a law, shall be paid to the proper officers of Nesmith
County. The county clerks of Lane and Douglas Counties, respectively, shall
also make out and deliver to the county clerk of Nesmith Counties, within
the time above limited, a transcript of all eases pending in the Circuit and
County Courts of their respective counties, between parties residing in or
concerning property located in Nesmith County, and transfer all original
papers and pleadings in such cases to the clerk of Nesmith County, and all
such cases shall be tried in said Nesmith County.
Section 6. There shall be a session of the County Court of Nesmith
County for the transaction of county business held at the county seat on the
first Wednesday in January, March, May, July, September and November
of each year.
Section 7. The said County of Nesmith is hereby attached to the second
judicial district for judicial purposes and to the fourth prosecuting attorneys'
40 Pamphlet Containing Measures to be
district and the terms of the Circuit Court for said county shall be held at
the county seat of said county, on the first Monday in April and October of
each year.
Section 8. Until otherwise provided by law, the County Judge of Nes-
mith County shall receive an annual salary of $600; County Clerk of said
county shall receive an annual salary of $1,200; the Sheriff of said county
shall receive an annual salary of $1,200; the treasurer of said county shall
receive an annual salary of $300; the Assessor of said county shall receive an
annual salary of $900; the County School Superintendent of said county
shall receive an annual salary of $400; and the County Commissioners of
said county shall receive the sum of ^') per day each for the time actually
engaged in the transaction of county business.
Section 9. The County Court of Nesmith County shall let bj' contract
to the lowest responsible and efficient bidder or bidders, in separate con-
tracts the worlv of trans'cribing all records of Lane and Douglas Counties,
respectively, affecting real estate situate in Nesmith County and when com-
pleted they shall be examined and certified to by the County Clerk of Nes-
mith County, and shall thereafter be recognized and acknowledged as the of
ficial records of Nesmith County; provided, the County Clerk of said
Nesmith County shall be allowed to bid upon such work.
Section 10. It shall be the duty of the county school superintendents
of Lane and Douglas Counties, respectively, within thirty days after the
appointment of a county school superintendent for Nesmith County, to make
out and forward to said school superintendent of Nesmith County a true
and correct transcript or abstract of the annual reports of the clerks of the
various school districts embraced within the County of Nesmith. The com-
missioners hereinafter named and appointed to adjust the property and
financial interests of Lane and Nesmith and Douglas and Nesmith Counties,
respectively, shall at the same time ascertain what, if any, sum or sums of
money belonging to the school fund is in the hands of the Treasurers^ of
Lane and Douglas Counties, respectively, which should be paid to Nesmith
County, and said sum or sums, if any, shall be paid to Nesmith County within
thirty days after such award.
Section 11. Tlie County Treasurer of Nesmith County shall, not later
than October L5th, 1911, pay over to the Treasurers of Lane and Douglas
Counties, respectively, the full amount of State tax of the assessment of
1910, due from citizens of Nesmith County.
Section 12. The Treasurer of Nesmith County shall, within one year
after its organization by the appointment of its officers as herein before
provided, assume and pay to the counties of Lane and Douglas, respectively,
a pro rata proportion of the remaining indebtedness, if any, of said Lane
and Douglas counties, respectively, after deducting therefrom the amount
of money that has been colle.cted in taxes from the territory taken from
said Lane and Douglas Counties, respectively, if any, and expended by said
respective counties for public buildings or other property; provided, that if.
when this law goes into effect, there is no indebtedness of said Lane and
Douglas Counties, respectively, then Nesmith County shall be entitled to
Submitted to Voters of Oregon Nov. 8, 1910 41
credit and said counties respectively sliall pay to Nesmith County the
amount of money that has been collected in taxes from the territory taken
from said respective counties, by this law, and included in the County of
Nesmith, and expended by said Counties of Lane and Douglas, respectively,
if any, for public buildings and other property; provided, further, that if.
when this law takes effect and after t-he payment of all indebtedness and
expenses of Lane and Douglas Counties, respectively, up to that time there
shall be a balance of money in the hands of the Treasurers of said Lane
and Douglas Counties, respectively, then, and in that event, the County
Treasurers of Lane and Douglas Counties, respectively, shall, within thirty
days after this law takes effect, or within thirty days after the amount
thereof shall have been determined by the commissioners hereinafter ap-
pointed, pay to the Treasurer of Nesmith Couirty such proportion of the
balance so in the hands of the Treasurers of Lane and Douglas Counties,
respectively, after the payment of the indebtedness and expenses afore-
said, as the total value of the property in Nesmith County taken from said
respective counties by this law bears to the total value of property in said
Lane and Douglas Counties respectively, and according to assessment of 1910.
Section 13. The County Judges of Lane and Nesmith Counties and
L. D. Scarbrough of Creswell, Oregon, are hereby appointed a board of
commissioners to determine the value of the county buildings and other
property in Lane County; the amount of indebtedness, if any, to be as-
sumed by Nesmith County, and be paid to Lane County, and the amount
of money that may be due from Lane County to the County of Nesmith,
under the terms of section 12 of this law. Said board shall meet at the
county seat of Lane County within thirty days after this law takes effect
and thereupon determine said matters.
Section 14. The County Judges of Douglas and Nesmith Counties and C.
M. Henderer of Leona, Oregon, are hereby appointed a board of com-
missioners to determine the value of the county buildings and other property
of Douglas County, the amount of indebtedness, if any, to be assumed by
Nesmith County, and be paid to Douglas County, and tho amount of money
that may be due from Douglas County to Nesmith County under the terms
of Section 12 of this law. Said board shall meet at the county seat of
Douglas County within thirty days after this law goes into effect and
thereupon determine said matters.
Section 15. After taking and subscribing an oath to faithfully dis-
charge their respective duties, said boards, respectively, shall proceed with
such work and when it is completed shall file reports of their conclusions in
duplicate with the clerks of Lane and Nesmith and Douglas and Nesmith
Counties, respectively. In case of a vacancy in either of said boards, the
same shall be filled by the appointment of some suitable person or persons
by the Governor of the State.
Section 16. Within thirty days after the filing of such reports, re-
spectively, either county may appeal from the decision of said board
to the Circuit Court of Lane or Douglas Counties by serving notice of appeal
upon the clerk of the other county interested. Upon perfecting the issue
42 Pamphlet Containing Measures to be
in such Circuit Court, either county may (iemand a change of venue to any
other county in the second judicial district, or other Circuit Court of the
State of Oregon, for any county which may be agreed upon by said counties,
or in the event of a disagreement, to any county which may be designated by
the .iudge of the court where said proceeding is pending. The trial may be
by jury and the judgment rendered may be enforced as other judgments
against counties. If the county appealing fails to recover a more favorable
judgment than the finding of the board appealed from by at least $500, it
stall pay the costs of the appeal. If no appeal be taken by either party,
within the thirty days above provided, the findings of said board shall be
final and conclusive. The members of said board shall receive the sum of
$3 per day for each day actually employed and the same mileage as a wit-
ness in the Circuit Court. • The expenses incurred by tlie above mentioned
boards, respectively, shall be borne equally by the two counties intereste.d.
Submitted to Voters of Oregon Nov. 8. 1910 43
ARGUMENT
(afBrmative)
SUBMITTED BY
THE NESMITH COUNTY COMMITTEE
ill favor of the measure designated on the official ballot, as follows:
proposed by initiative petition
A bill for an act to create the County of Nesmith out
of a portion of the northern part of Douglas County
and the southern part of Lane County; providing for
its organization, fixing the salaries of the officers
thereof, ard for adjusting finances between the three
counties. Vote YES or NO.
HIG. ^■|''S.
:n7. No.
ARGUMENT SUBMITTED BY THE NKSMITH COUNTY COMMITTEE,
representing^ 92 per cent of the qualified electors within proposed Nesmith
County, in favor, of initiative bill for the creation of a county to be
known as Nesmith, from parts of Lane and Douglas Counties.
The people of Southern Lane and Northern Douglas Counties, number-
ing more than 8,000, believing local self-government to be the ideal form
of government for the primary reason that any locality is better qualified
to adm'nister its own governmental affairs than persons who have no special
interest in it or the citizens thereof, have initiated a bill for the creation
of a county to be known as Nesmith from parts of Lane and Douglas. They
contend that the nearer home governnient is the cheaper; that laws are
more effectually enforced; that greater development of country is attainable;
that more and better highways are possible; that the citizens of the pro-
posed county would be eonvenieuced bv being nearer the seat of govern-
ment; that taxation and representation should go hand in hand; that the
community would be rendered more effective in increasing population, de-
veloping the resources of the territory, thereby materially aiding in the
building up of a greater Oregon.
The Constitution of Oregon absolutely prohibits the Legislative Assem-
bly from creating a county by a law passed for that purpose alone, and
there is no general law for the creation of counties, hence the question must
be'decjded by the people at the polls. That the citizens of the proposed
'cbunty are practically unanimous in favor of creating the County of'Nesmjth
44 Pamphlet Containing Measures to be
is shown by the fact that 92 per cent of the qualified electors in the ter-
ritory mentioned signed a petition praying for its formation. The lines
have been drawn in strict adherence to the topography and natural water-
sheds of the country affected, leaving vast resources and large population to
both old counties, and in each case taking less value than area, the chief
desire being to benefit the citizens of the proposed County of Nesmith
without working injury to either Lane or Douglas, or any resident thereof.
All boundary lines follow natural divides as near as practicable, and to the
proposed temporary county seat — Cottage Grove — it is in the aggregate "an
easy down-hill pull," thus making it convenient for a large per cent of the
rural residents of the proposed county to transact their business at that
point, as is now their custom. The north boundary line, on an air line, is
six and three-quarters miles from the courthouse of Lane County, while by
either rail or wagon road the distance is eleven miles, or exactly half way
between Eugene and Cottage Grove. The dividing line is the center of
an untravelable swale fully two miles in width and approximately seven
miles in length, and between this swale and Eugene, the county seat of
Lane County, is a range of mountains. The nearest the line at any point
on the south comes to Roseburg, the county seat of Douglas County is
twenty miles on an air line, and the territory sought is naturally tributary to
the center of population within the proposed County of Nesmith. At no
point is the line east of Roseburg, and it leaves the inhabitable portion of
the Umpqua A'^alloy to Douglas County. With reference to the shape of
proposed Nesmith County, as well as the shape of the area remaining to the
existing counties, let it be understood that the streams, valleys and ridges
all have an east and west course or a southeast and northwest course; that
all main lines of travel must necessarily follow these valleys, which lead
to the main towns as at present existing; that there would be no justification
for any design that would violate this cardinal principle which governs -the
building up of community interests.
The County of Lane has an area of 4.380 square miles, equal to about
2,800,000 acres. Douglas County contains 4,861 square miles, or approxi-
mately 3,000,000 acres. As will be seen, the joint area of these two counties
is greater than the entire Willamette Valley, which, exclusive of the foot-
hills, contains only 5,000,000 acres. Lane and Douglas Counties were or-
ganized fifty years or more ago, when the area embraced was sparsely
settled and their great resources wholly undeveloped. Their joint area, it
will be observed, is 9,241 square miles, while the joint area of ten other
counties in Western Oregon is but 8,746 square miles, making the ter-
ritory from which it is proposed to carve Nesmith County 455 square
miles greater than these ten other counties. And yet the people find it to
their interest to maintain these ten separate county organizaions in this
territory. It is proposed to take only 1.940 square miles from Lane and
Douglas' joint area of 9,241. The assessed valuation of Nesmith County,
as shown by the records, would bo $5,309,575, of which $4,004,273 would
come fro-n Lane (leaving it $18,002,647), and $1,305,302 from Douglas
leaving it $27,275,740). The total population of the new county would
Submitted to Voters of Oregon Nov. 8, 1910 45
be 8,656, of which number 7,680 would be taken from Lane and 976 from
Douglas. Nesmith would have 394 miles of roads, with their accompanying-
bridges, 360 miles coming from Lane and 34 from Douglas. Forty-four
school districts would be incorporated in the new county, and it would have
2,160 children of school age.
The country within the boundaries of proposed Xesmith County is cap-
able of maintaining an organization that would be to the best interests of
the people embraced within that county, and at the same time not deprive
any other people affected of their rights, or increase their burdens, or work
them any injustice, unless to deprive them of the privilege of collecting
revenue from residents of the seceding territory without just distribution
of benefits should be considered a vested right to the county seats of the
existing counties. County judges and county commissioners of the respec-
tive counties have absolute control of all county money, and also of all roads
and bridges. Cottage Grove, the geographical center of the proposed County
of Nesmith, and the second city in point of population in Lane County, has
never been permitted to have a county judge, and it has been 24 years
since this section of the county had a representative on the Board of County
Commissioners. That portion of Douglas County included in proposed Nes-
mith County has never had either a judge or commissioner, and the legis-
lative representatives from both the existing counties in question are from
the county seats of the respective counties.
It has been contended by some opponents to the measure that Nesmith
County had taken valuable timber into its boundaries for the sole purpose
of deriving revenue therefrom when the Government disposes of the ripe
product, but it is a well-known fact that every county in which a natural
forest is situate gets its proportion of the 2o per cent awarded by the Gov-
ernment from sales made in that reserve, regardless of the location of the
timber thus sold. Nesmith County would take only 20 per cent of the joint
timber area of Lane and Douglas Counties within the reserve, and hence
would receive but 20 per cent of the money that would otherwise go to the
two existing counties.
With this honest presentation of facts, borne out by the records of
Lane and Douglas Counties, and with an expression of confidence that the
electors of Oregon will appreciate the merits of the measure and aid in
its consummation at the polls on November 8 next, we rest our case with
them. The people of the proposed county seek its creation from honest
motives; the promoters of the measure are the people, all having a com-
mon interest in its success. No member of the committee is an office holder,
an office seeker or in any way connected with the municipal administration
of Cottage Grove, as has been alleged, but is acting at the instance of the
people who seek self-government.
Respectfully submitted.
THE NESMITH COUNTY COMMITTEE,
By LEW A. OATES, Secretary."
46 Pamphlet Containing Measures to be
A BILL
to be submitted to the legal electors of the state of
oregon for their approval or rejection
AT THE
REGULAR GENERAL ELECTION
TO BE HELD
ON THE EIGHTH DAY OF NOVEMBER, 1910,
To propose by initiative petition a law to provide for the permanent sup-
port and maintenance of "The Oregon Normal School at Monmouth,
Polk County, Oregon."
By initiative petition filed in the office of the Secretary of State, June 10,
1910, in accordance with the provisions of Chapter 226,
General Laws of Oregon, 1907.
Printed in pursuance of Section 8 of Chapter 226, Laws of 1907.
Secretary of State.
The following is the form and number in which the question will be sub-
mitted on the official ballot:
PROPOSED BY INITIATIVE PETITION.
A bill for a law to provide for tlie permanent support
and maintenance of Oregon Normal School at Mon-
mouth, Polk County, Oregon, by levying an annual
tax of one-twenty-fifth of a mill on the dollar upon
all the taxable property within the State of Oregon. Vote YES or NO
318. Yes.
319. No.
Submitted to Voters of Oregon Nov. 8, 1910 47
[On Official Ballot, Nos. 318 and 319.1
A BILL
To propose by initiative petition a law to provide for the permanent sup-
port and maintenance of "The Oregon Normal School at Monmouth,
Polk County, Oregon."
Be it enacted hji the people of the State of Oregon:
Section L For the support and maintenance of "The Oregon Normal
School at Monmouth, Polk County, Oregon," for the payment of salaries
of its teachers and employees; to keep the buildings, grounds and other
property thereof in repair; for the purchase of additional land for the
campus thereof, if necessary; for the construction of bu Idings and additions
to the same, so far as necessary; for the purchase of library books,
laboratory supplies and apparatus, and for the payment of necessary in-
cidental expenses, there is hereby levied an annual tax of one-twenty-fifth
of a mill on the dollar upon all the taxable property within the State
of Oregon. Such tax shall be levied and collected, as other taxes are levied
and collected, and the fund arising therefrom shall be paid into the State
Treasury and kept separate and apart from other funds, and shall be known
as the "Monmouth Normal School fund," and sliall be paid out only on
warrants drawn by the Secretary of State on the State Treasurer against
said fund, and under the supervision and direction of the Board of Regents
and their successors in office. If any portion of said fund shall not be
used during any fiscal year, the balance remaining shall be carried over
until the next year and added to the fund for that year, and the Secre-
tary of State is authorized and directed to audit and allow all claims other-
wise payable out of such fund, regardless of the date when contracted, but
no claim or indebtedness incurred by or on behalf of said school prior to
the passage of this act shall ever be paid out of the fund hereby created.
Section 2. "The Oregon Normal School at Monmouth, Polk (bounty,
Oregon," shall be controlled, managed and maintained by a Board of
Regents and their successors in office, appointed by and with the authority
conferred upon them pursuant to Chapter ]89 of the General Laws of Ore-
gon, filed in the office of the Secretary of State on February 2nth. 1907.
48 Pamphlet Containing Measures to be
ARGUMENT
(Affirmative)
SUBMITTED BY
ALUMNI ASSOCIATION OREGON NOEMAL SCHOOL
in favor of the measure designated on the official ballot, as follows:
PROPOSED BY INITIATIVE PETITION.
A bill for a law to provide for the permanent support
and maintenance of Oregon Normal Scliool at Mon-
mouth, Polk County, Oregon, by levying an annual tax
of one-twenty-fifth of a mill on the dollar upon all
the taxable property within the State of Oregon. Vote YES or NO.
318. Yes.
3iy. No.
ARGUMENT IN FAVOR OF ABOVE MEASURE.
In behalf of an affirmative vote on No. 318 on the official ballot which
l>rovides for the maintenance of the Oregon State Normal School at Mon-
mouth, we earnestly desire to call your attention to a brief statement of
the facts' affecting this measure. It is the sole jmrpose of the Monmouth
school to prepare, train and educate teachers. We all agree that teachers
are, and always have been, an indispensable adjunct to society. The more
complex this society becomes, the more is the need that only trained
teachers should be employed. The time has passed when merely a knowl-
edge of the rudimentary principles of the three R's or even a more com-
prehensive knowledge of them, is all that is required. Now that" the
methods and manner of teaching the children practical knowledge have
been more definitely worked out, that the laws of the delicate, susceptible
child mind are more clearly understood, it is necessary that the teacher
have as complete knowledge of these as possible to get the best results, and
the greater his knowledge, the greater his success, and that too with a
larger number of pupils.
The Normal School is no longer an experiment; every State in the
Union, save and except Oregon, has from one to nineteen. (See H. D.
Sheldon's report on State Normal School Systems of the United States.)
Ohio has very recently added two additional ones (T. C. Laylin, Master
Ohio State Grange), which makes three now for that State. The United
States maintains and operates a normal school in the Philippine Islands at
Submitted to Voters of Oregon Nov. 8, 1910
49
Manila. (See Philippine Normal School Catalog.) It goes without saying
that Oregon will have at least one normal school. The State must have a
large number of new teachers annually; there is but one of three ways in
which these can be supplied, namely, from the eighth grade, from impor-
tation of trained teachers from our neighboring States or from our own
State normal schools, the rightful source of supply. If you have illness in
your family you employ a skilled physician; if you wish your valuable stock
properly cared for you employ only one who is competent and trained for the
work; but too often you will trust your child, with his keen, susceptible, de-
veloping mind, in the care and under the training of anyone who may apply,
and yet you know that the future of that child is often determined by the
teaching he receives while in the public school. Again, it is not fair to our
young men and women who desire to enter this profession to compel them to
Normal School at Monmouth, Oregon
go to a neighboring State for their preparation. Most of the young ladies
who are training themselves are looking toward this vocation. Many of
them are compelled to provide for their own expenses while attending a
normal school and to compel them to. go outside of the State is imposing
a hardship which is wholly unfair. The tendency is to drive them out of the
profession entirely, or to seriously discourage them in their work. Again,
they grow out of a close touch with the conditions within their own State. ^
50 Pamphlet Containing Measures to be
We believe all will agree that these schools should be -wholly separated
from politics and from religions bias.
Granted this, then the question comes as to location. Monmouth is
the proper place to establish a State normal; it is easily accessible by a
number of routes, train connections ma}' be made with the East and West
Side trains six times a day, and boat connections with Salem twice a day,
and several more daily trains over the projected electric lines. It is located
in a most beautiful and healthful part of the country. Not being a large
city it is free from the usual evil influences which are there so. often felt.
As Yale, Princeton and other great schools have traditional connections
with pioneer conditions, tracing their origin and growth through successive
developments in State and National affairs, so does Monmouth have its
beginnings with the pioneers of Oregon. Its early life is a record of their
struggles in educational work. It is rich in the labors and traditions of
tltese early men and women. Truly it may be said. Monmouth is a pioneer
school. It has within its alumni more than one thousand members whose
work has been felt throughout the Northwest. Again, the buildings, grounds
and equipments are worth more than one hundred thousand dollars
($100,000.00). It has modern conveniences, and is well adapted to the
work. The cost of living is very low, and the opportunities for self-sup-
porting students are excellent. It would be worse than folly to abandon this
splendid working plant, because if put in a larger city it coukl uot be
duplicated for less than two or three times that amount.
The proposed tax amounts to but four cents on a valuation of one thou-
sand dollars ($1,000.00), or stated more clearly, if you pay taxes on one
thousand dollars ($1,000.00) this will cost you only four cents a year and
will not cost you more unless the people subsequently amend the law.
Briefly summed up then, the arguments result in this: Your vital
interest lies in the welfare of YOUE CHILD, for to perpetuate society we
must roar the CHILDREN; to rear the children rightly w;e must have the
BEST TEACHERS; to have the best teachers we m.ust maintain and
onerate STATE NORMAL SCHOOLS free from all RELIGIOUS BIAS.
The State has an excellent working plant at Monmouth; an easy valuation
is one hundred thousand dollars ($100,000.00). Shall the tax payers have
the benefit of this, or shall they be required to spend more than double
this amount of money at some other point? If you pay taxes on one thou
sand dollars ($1,000.00) j'ou will pay only four cents a year for the sup-
port of the State Normal School. This is an insignificant sum when you
consider the invaluable help that it gives to your children and your neigh-
bors' children. The State of Oregon owus the property of this school. By
a failure of the last Legislature to appropriate funds for its operation there
is no State Normal running in Oregon.
ALUMNI ASSOCIATION OREGON NORMAL SCHOOL.
By IRA C. POWELL.
Submitted to Voters of Oregon Nov. 8, 1910 51
A BILL
TO BE SUBMITTED TO THE LEGAL ELECTORS OF THE STATE OF
OREGON FOR THEIR APPROVAL OR REJECTION
AT THE
REGULAR GENERAL ELECTION
TO BE HELD
ON THE EIGHTH DAY OF NOVEMBER, 1910,
To propose by initiative petition a law to create the Coiinty of Otis and to
fix the salaries of the officers thereof.
By Initiative petition filed in the office of the Secretary of State, June 10,
1910, in accordance with the provisions of Chapter 226,
General Laws of Oregon, 1907.
Printed in pursuance of Section S of Chapter 226, Laws of 1907.
Secretaiy of State.
The following is the form and number in which the question will be sub-
mitted on the oflTieial ballot:
PROPOSED BY INITIATIVE PETITION.
A bill for a law creating the County of Otis, Oregon,
out of territory now included in the Counties of
Harney, Malheur and Grant, providing for its organ-
ization and for the adjustment of finances and trans-
ferring of records between the several counties af-
fected by the proposed law. Vote YES or NO.
320. Yes.
321. No.
52 Pamphlet Containing Measures to be
[On Official Ballot, Nos. 320 and 321.]
A BILL
To propose by initiative petition a law to create the County of Otis and to
fix the salaries of the officers thereof.
Be it enacted by the people of the State of Oregon:
Section 1. That all that portion of the State of Oregon embraced
within the following boundary lines be and the same is hereby created and
organized into a separate county by the name of Otis, towit: Beginning
at the southeast corner of township 25 south, range 39 east of Willamette
Meridian, thence north to the northeast corner of township 15 south, in
range 39 east of Willamette Meridian; thence west to the boundary line
between Baker and Malheur counties; thence following said boundary in a
southwesterly direction to a point common to the corners of the Counties of
Baker, Malheur and Grant; thence west along boundary line between Grant
and Baker counties to the southwest corner of Baker County; thence west
to the range line between ranges 32 and 33 east of Willamette Meridian;
thence south to the southwest corner of township 20 south, in range
33 east of Willamette Meridian; thence east on township line to the south-
west corner of township 20 south, range 331/4; thence south to the
southwest corner of township 21 south, range 33 east of Willamette
Meridian; thence east to the northwest corner of section 4 in township
22 soL>th, range 34 east of Willamette Meridian; thence south along
section line to the southwest corner of section 33 in township 25 south,
range 34 east of Willamette Meridian; thence east along township line to
the place of beginning.
Section 2. That the territory embraced within the said boundary shall
compose a county for all civil and military purposes and shall be subject to
the same laws and restrictions and be entitled to elect the same officers as
other counties of this State; provided, that it shall be the duty of the
Governor, as soon as it shall be convenient after this act shall have become
a law, to appoint for Otis County and from its citizens the several county
officers allowed by the law to other counties in this State, which said of-
ficers, when duly qualified according to law, shall be entitled to hold their
respective offices until their successors are duly elected at the general elec-
tion of 1912 and are duly qualified according to law.
Section 3. The temporary county seat of Otis County shall be located
at Drewsey in said county until a permanent location shall be adopted. At
the next general election the question shall be submitted to the legal voters
of said county, and the place, if any, which shall receive a majority of all
the votes cast at said election, shall be the permanent county seat of said
county. But if no place shall receive a majority of all votes cast, the
question shall again be submitted to the legal voters of said county at the
ne.xt general election, liut between the two points having the highest luiin-
ber of votes at said election, and the place receiving the highest number of
votes at such last election shall be the permanent county seat of said county.
Submitted to Voters op Oregon Nov. 8, 1910 53
Section 4. Said Couuty of Otis shall foi- representative purposes be
annexed to the Twenty-seventh Representative District, and for Senatorial
purposes said county shall be annexed to the Twenty-second Senatorial Dis-
trict, being the representative and senatorial districts, respectively, formerly
constituted by Harney, Malheur and Grant Counties.
Section 5. The Couuty Clerks of Mallieur, Harney and Grant Counties
shall, within thirty days after this law shall have gone into operation, make
out and deliver to the County Clerk of Otis County a transcript of all taxes
assessed upon all persons and property within said Otis County, which were
previously included within the limits of Harney, Malheur and Grant Coun-
ties respectively, and all taxes which shall remain unpaid upon the day this
act shall become a law, shall be paid to the proper officers of Otis County.
The clerks of Harney, Malheur and Grant Counties, respectively, shall also
make out and deliver to the county clerk of Otis County, within the time
above limited, a transcript of all cases pending in the circuit and county
courts of Harney, Malheur and Grant Counties, between parties residing in
or concerning property located in Otis County and transfer all original
papers in said cases to be tried in Otis County.
Section 6. The county court of Otis County shall be held at the county-
seat on the first Monday in .January, April, July and October of each year.
Section 7. The said County of Otis is hereby attached to the Ninth
.Judicial District for judicial purposes, and the terras of the circuit court
for said county shall be held at the county seat commencing on the second
Monday in March and the third Monday in October of each year.
Section 8. Until otherwise provided by law, the county judge of Otis
County shall receive an annual salary of $400.00; the county clerk of said
county shall receive an annual salary of $1,000.00; the sheriff shall receive
an annual salary of $1,200.00; and the treasurer shall receive an annual
salary of $200.00. The county school superintendent shall receive an annual
salary of $200.00, and the assessor shall receive an annual salary of $500.00,
and the county commissioners of said county shall receive $3.00 per day for
the time actually employed in county business, and mileage at the rate of
ten cents per mile each way when required to travel on county business.
Section 9. The law relating to trespass of sheep and other animals
shall be the same in Otis County as now maintains in Harney County.
Section 10. The county judge of Otis County shall let by contract to
the lowest responsible and efficient bidder, the work of transcribing all
records of Harney, Malheur and Grant Counties, affecting real estate situate
in Otis County, and when completed they shall be examined and certified
to by the clerk of Otis County, and shall thereafter be recognized and
acknowledged as official records of Otis County; provided, the clerk of Otis
County shall be allowed to bid upon such work.
Section 11. It shall be the duty of the superintendents of schools of
Harney, Malheur and Grant Counties,- respectively, within tkirty days after
the appointment of a superintendent of schools for Otis County, to make
out and forward to said superintendent of schools of Otis County a true
and correct transcript or abstract of the annual reports of the clerks of the
54 Pamphlet Containing Measures to' be
various school districts embraced within Otis County. The commissioners
hereinafter appointed to adjust the property and financial interests of Har-
ney, Malheur, Grant and Otis Counties shall at the same time ascertain
what, if any, sum of money belonging to the school funds is in the hands
of the treasurers of Harney, Malheur and Grant Counties, respectively,
which should be paid to .Otis County, and said sum, if any, shall be paid
to the county school superintendent of Otis County within thirty days after
such award.
Section 12. The county treasurer of Otis County shall, not later than
October 15, 1911, pay over to the treasurers of Harney, Malheur and Grant
Counties, respectively, the full amount of State tax of the assessment of
1910 due from citizens of Otis County.
Section 13. The treasurer of Otis County shall, within one year after
Its organization by the appointment of its officers as hereinbefore provided,
assume and pay to the Counties of Harney, Malheur and Grant, respectively,
a pro rata proportion of the remaining indebtedness, if any, of said Harney,
Malheur and Grant Counties, respectively, after deducting therefrom the
amount of money that has been collected in taxes from the territory taken
from said Harney, Malheur and Grant Counties, respectively, if any, and
expended by said respective counties for public buildings or other property;
provided, that if, when this law goes into effect, there is no indebtedness of
said Harney, Malheur and Grant Counties, respectively, then Otis County
shall be entitled to credit, and said counties, respectively, shall pay to
■Otis County the amount of money that has been collected in taxes from
the territory taken from said respective counties by this law, and included
in the County of Otis, and expended by said Counti&s of Harney, Malheur
and Grant, respectively, if any, for public buildings and other property;
provided, further, that if, when this law takes effect and after the pavQient
of all indebtedness and expenses of Harney, Malheur and Grant Counties,
respectively, up to that time there shall be a balance of money in the hands
•of the treasurers of said Harney, Malheur and Grant Counties, respectively,
then, and in that event, the county treasurers of Harney, Malheur and Grant
Counties, respectively, shall, within thirty days after this law takes effect,
or within thirty days after the amount thereof shall have been determined
by the commissioners hereinafter appointed, pay to the treasurer of Otis
'County such proportion of the balance so in the hands of the treasurers of
Harney, Malheur and Grant Counties, respectively, after the payment of the
indebtedness and expenses aforesaid as the total value of the property in
'Otis County taken from said respective counties by this law bears to the
total value of property in said Harney, Malheur and Grant Counties, respec-
tively, and according to the assessment of 1910.
Section 14. The Ceunty Judges of Harney and Otis Counties and J. L.
■Sitz, of Drewsey, Oregon, are hereby appointed a Board of Commissioners
to determine the value of the county buildings and other property of Harney
'County; tlie amount of indebtedness, if any, to be assumed by Otis County,
and be paul to Harney County, and the amount of money that may be due
ifrom Harnev County to the Countv of Otis, under the terms of Section 1.3
Submitted to Voters of Oregon Nov. 8, 1910 55
of' this law. Said board shall meet at tlie county seat of Harney County
within thirty days after this law takes effect and thereupon determine said
matters.
Section 15. The County Judges of Alalheur and Otis Counties and J.
U. Hoffman, of Juntura, Oregon, are hereby appointed a Board of Commis-
sioners to determine the value of the county buildings and other property
of Malheur County, the amount of indebtedness, if any, to be assumed by
Otis County, and be paid to Malheur County, and the amount of money that
may be due from Malheur County to Otis County under the terms of Section
13 of this law. Said board shall meet at the county seat of Malheur County
within thirty days after this law goes into effect and thereupon determine
said matters.
Section 16. The County .Judges of Grant and Otis Counties and .J. H.
Anderson, of Van, Oregon, are hereby appointed a Board of Commissioners
to determine the value of the county buildings and other property of Grant
County, the amount of indebtedness, if any, to be assumed b}' Otis County,
and bo paid to Grant County, and the amount of money that may be due
irom Grant County to Otis County under the terms of Section 13 of this
law. Said board shall meet at the county seat of Grant County within
thirty days after this law goes into effect and thereupon determine said
matters.
Section 17. After talung and subscribing an oath to faithfully dis-
charge their respective duties, said boards, respectively, shall proceed with
such work and when it is completed shall file report of their conclusions in
duplicate with the clerks of Harney and Otis and Malheur and Otis and
Grant and Otis Counties, respectively. In case of a vacancy in either of said
boards, the same shall be filled by the appointment of some suitable person
or persons by the Governor of the State.
Section 18. Within thirty days after the filing of such reports, re-
spectively, either county may appeal from the decision of said board to the
Circuit Court of Harney or Malheur Counties by serving notice of appeal
upon the Clerk of the other county interested. Upon perfecting the issue
in such Circuit Court, either county may demand a change of venue to any
other county in the Ninth .Judicial District, or otlier Circuit Court of the
State of Oregon for any county which may be agreed upon by said counties,
or in the event of a disagreement to any county which may be designated
by the judge of the court where said proceeding is pending. The trial may
be by jury and the judgment rendered may be enforced as other judgments
against counties. If the county appealing fails to recover a more favorable
judgment than the finding of the board appealed from by at least $500.00,
it shall pay- the costs of the appeal. If no appeal be taken by either party,
within the thirty days above provided, the findings of said board shall be
final and conclusive. The members of sakl board shall receive the sura of
$3.00 per day for each day actually employed and the same mileage as a
wUness in the Circuit Court. The expenses incurred by the above men-
tioned boards, respectively, shall be borne equally by the three counties in-y
terested.
■56 Pamphlet Containing Measures to be
ARGUMENT
(affirmative)
SUBMITTED BY
DEEWSEY COMMERCIAL CLUB
in favor of the measure designated on the official ballot, as follows:
PROPOSED BY INITIATIVE PETITION.
A bill for a law creating the Count}- of Otis, Oregon,
out of territory now included in the Counties of
Harney, Malheur and Grant, providing for its organiza-
tion and for the adjustment of finances and trans-
ferring of records between the several counties affected
by the proposed law. Vote YES or NO.
320. Yes.
321. No.
ARGUMENT IN FAVOR OF ABOVE MEASURE.
The people of the Drewsey country ask favorable consideration of the
voters of the State upon this bill for these, among other, reasons.
Because 90 per cent of the people of proposed Otis County are strongly
in favor of the measure, believing it will be a great benefit to the pecS^jle
residing therein and greatly facilitate the progress and development of the
country.
Because Ilarney County with an area of 9,986 square miles and Malheur
''ounty with an area of 9,784 square miles are too large for economical
transaction of county business. Either Harney or Malheur County having
more than 23 times the area of Multnomah County.
Because the proposed Otis County takes only 1,080 square miles from
Harney County and 1,180 square miles from Malheur County and embraces
no territory closer than 30 miles to Burns and 4.5 miks to Vale, the present
county seats of Harney and Malheur Counties, respectively.
Because the proposed Otis County is entirely surrounded by mountains
and our people are compelled to travel from 40 to 75 miles over these
mountains to jeach the present county seats, thereby forcing upon us a
heavy expense and a great deal of hardship, especially during winter and
apring months.
Respectfully submitted,
UREWSEY COMMERCIAL CLUB.
Submitted to Voters of Oregon Nov. 8, 1910 57
A BILL
to be submitted to the legal electors of the state of
oregon for their approval or rejection
AT THE
REGULAR GENERAL FLECTION
TO BE HELD
ON THE EIGHTH DAY OF NOVEMBER. 19in.
To propose by initiative petition a law to annex a portion of the territorjr
of the State of Oregon in Clackamas County to Multnomah County.
To provide for the payment of the expense of transferring the records and
to provide for the payment to Clackamas County of the proportional in-
debtedness of said territory.
By initiative petition filed in the oflfiee of the Secretary of State. .Tune 10..
1910, in accordance with the provisions of Chapter 226,
General Laws of Oregon. 1907.
Printed in pursuance of Section 8 of Chapter 220. Laws of 1907.
Secretary of State.
The following is the form and number in which the question will be sub-
mitted on the official ballot:
PROPOSED BY INITIATIVE PETITION.
A bill for a law to annex a portion of the northern
part of Clackamas County, Oregon, to Multnomah
County, Oregon, and providing for transcribing and
transferring the records of the territory proposed to
be annexed, and for adjustment of finances between
the two counties. Vote YES or NO.
.322. Yes. -
.323. No.
58 Pamphlet Containing Measures to be
[On Official Ballot, Nos. 322 and 323.]
A BILL
To propose by initiative petition a law to annex a portion of the territory
of the State of Oregon in Clackamas County to Multnomah County.
To provide for the payment of the expense of transferring the records
and to provide for the payment to Clackamas County of the proportional
indebtedness of said territory.
Be it enacted by the people of the State of Oregon:
Section 1. That all tliat portion of the State of Oregon embraced within
the following boundary lines and heretofore a part of Clackamas County, be
and the same is iioroby made a part of the County of Multnomah, lo-wil.,
the territory bounded as follows:
Beginning at the northwest corner of section thirty (30) and the south
west corner of section nineteen (]9), township two (2) south, range one (1)
east of the Willamette Meridian, said point being on the Willamette Merid-
ian; running thence east on the section line to the center of the Willamette
River; thence in a southeasterly course following the center of the Wil-
lamette River to the center of the mouth of the Clackamas River; thence
up the center of the Clackamas River to a point in township four (4) south,
range four (4) east of the Willamette Meridian, where the section line
crosses the Clackamas River between sections twelve (12) and thirteen (13);
thence east on the said section line to the east line of township four (4)
soutii, range six (6) east; thence east to the east lin^ of Clackamas County;
thence in a northerly direction, tracing the eastern and northern line of
Clackamas County to where the same intersects the south line of Multnomah
County, thence west on the line between Clackamas County and Multnomah
County to the Willamette River; thence south and west on the Multno'lnah
County line to the southwest corner of Multnomah County; thence south
on the W^illamette Meridian to the place of beginning.
The intention being to take out of Clackamas County and put into
Multnomah County all that portion of Clackamas County lying north of the
first described line above mentioned, beginning at the northwest corner of
said section thirty (30) and ending on the east line of Clackamas County.
Section 2. The County Court of Multnomah County shall provide im-
mediately for transcribing all records of Clackamas County affecting real
estate situate in the above bounded territory, and when completed, such
records shall be placed with and become a part of the records of Multnomah
County, and sliall thereafter be recognized and acknowledged as part of the
records of Multnomah County and shall have the same force and effect.
All litigation now pending in the courts of the State of Oregon for
Clackamas County shall be continued and terminated in said courts.
Section 3. The indebtedness of Clackamas County shall be determined
and Multnomah County shall pay to Clackamas County so much thereof as
the assessed valuation of the above territory shall bear to the total assessed
Submitted to Voters of Oregon Nov. 8, 1910 5&
valuation of the county, the proportional amount. The assessed valuation
provided for in this section shall be the assessed valuation for the year 1910.
Section i. The territory embraced within the said boundary lines shall
hereafter be exempt from all laws, regulations, civil and military jurisdic-
tion of said Clackamas County, and shall be subject to the laws, regulations,
civil and military jurisdiction of said Multnomah County.
If this proposed law shall be approved and enacted by the people of Ore-
gon, the title of this bill shall stand as the title of the law.
60 Pamphlet Containing Measures to be
ARGUMENT
(affirmativ'^e)
SUBMITTED BY
MULTNOMAH-CLACKAMAS ANNEXATION ASSOCIATION
in favor of the measure designated on the official ballot, as follows:
PEOPOSED BY INITIATIVE PETITION
A bill for a law to annex a portion of the northern
part of Clackamas County, Oregon, to Multnomah
County, Oregon, and providing for transcribing and
transferring the records of the territory proposed to
be annexed, and for adjustment of finances between
the two counties. Vote YES or NO.
322. Yes.
323. No.
ARGUMENT SUBMITTED BY
MULTNOMAH-CLACI^MAS ANNEXATION ASSOCIATION.
'To the voters of the State of Oregon:
We urge your careful attention to the following statement:
The original dividing line, which made Clackamas County four and a
italf times the size of Multnomah, although fairly well adapted to pioneer
•conditions and sparse population which then obtained, is most unsatisl^c-
torily and awkwardly located under present conditions.
A crying need for a change has existed for many years, and it is gen-
erally conceded that sooner or later it must be realized.
This sentiment culminated in February last in a demonstrative gather-
ing at Oak Grove of about five hundred citizens of the district involved
in the proposed change.
At this meeting the organization of the Multnomah-Clackamas Annexa-
tion Association was p.uthorized, for the purpose of conducting a campaign
for the success of the measure now presented.
The details of the plan have been carefully worked out, and are in the
hands of a large executive committee composed of forty representative cit-
izens and taxpayers chosen from all sections of the district involved.
REASONS WHY CHANGE IS DESIRED.
The Clackamas River, with its canyon, is the natural and should be
the actual dividing line. It is a serious obstacle in reaching the present
county seat. It is only a few miles from the Multnomah County line, and
.about 12 miles from the center of the City of Portland.
Submitted to Voters of Oregon Nov. 8, 1910 61
Our territory is tributary to Portland, which is the market for our
produce as well as ©ur base of supplies.
Our grades and our roads all lead to Portland, but it will be apparent
to all that it is unreasonable to expect these roads to be properly improved,
while our seat of county government is at Oregon City.
The same artificial line which marks the present county boundary is
retarding the further growth of the City of Portland in a southeasterly
<lirection.
For this reason the development of much of our most attractive
territory is retarded, our transportation facilities are inadequate and our car
fares inequitable.
A great economy of time and expense will be effected when our county
records are kept at Portland, our business center, within the boundaries
of which city a large proportion of our people are compelled to go before
transferring to an Oregon City car there for county business.
This change will give Multnomah County control of the entire road
from Portland to Mt. Hood, and enable her to make this scenic route one
of the greatest attractions possessed by our State.
We desire the greatest possible internal improvement, and only seek
the opportunity to make it for ourselves.
THE SOURCES OF OPPOSITION.
As far as we can learn, this proposal is receiving practically unanimous
support. It is opposed, however, by Mr. B. S. Josselyn, president of the
Portland Railway, Light & Power Company, which company is so determined
in its discrimination against us that, rather than give us our just rights, as
repeatedly determined by our State Railway Commission, our Circuit Court
and our Supreme Court, it delaying action by an appeal to the United
States Supreme Court, and is thereby enabled to continue its policy of
discrimination indefinitely, whereby in some instances we are compelled to
pay four times the fare charged to points in other directions at an equal
distance from the center of Portland, but situated within the bounds of
Multnomah County.
The only other opponents of whom we know are some attorneys in Ore-
gon City who are oflSce holders and politicians and who threaten the ex-
penditure of a large sum of money to defeat this measure, and who
naturally do not relish the idea of giving up any territory from which they
can levy tribute.
ANSWER TO OB.JECTIONS.
We have not heard a single valid objection.
The effect upon the business of Oregon City would be scarcely notice-
able, and that portion of Clackamas County which will remain after division
will not be obligated to pay any part whatever of the expense of the change.
The question of sentiment is not material.
Clackamas County will lose none of her factories, mills or power plants
by this change.
This is a purely voluntary movement on our part, and has not been in
spired or aided by any outside influence or support, and it is made entirely
62 Pamphlet Containing Measures to be
in oui- own best interests, of which wo consider ourselves the most competent
judges.
We are not asking to be relieved of any of our obligations, or trying to
unload them upon others.
We are enabled to state that the cost of transcribing our records will
be small, and almost infinitesimal in the amount distributed to the individual
taxpayer.
The taxes based upon the assessment already made for this year will
under the proposed change be collected by Multnomah County, and can be
so considered in connection with the possibility of a small county indebted-
ness, when the change takes place.
Great pressure was brought to bear upon this association to extend the
new boundary line still farther south, but we refused to consent to any plan
which would involve unfair division.
This measure provides for no additional officials, and it has been en-
dorsed by the Milwaukie city administration, the Milwaukie Commercial
Club and by the boards of trade, improvement associations and push club&
generally throughout the district.
It means the greatest good to the greatest number, and will be a long
step towards the removal of a number of serious difficulties which are now
handicapping us.
If left to the vote of the people directly interested, annexation would
carry by an overwhelming majority.
We therefore ask the voters of the State at large to support the measure
with the same energy as they would a bill in which they were locally
interested.
MULTNOMAH-CLACKAMAS ANNEXATION ASSOCIATION.
By B. LEE PAGET, President.
Submitted to Voters of Oregon Nov. 8, 1910 63
ARGU:\IEXT
(negative)
SUBMITTED BY
THE COMMERCIAL CLUB OF OREGOISr CITY
opposing the measure designated on the official ballot, as tollow>;
PROPOSED BY INITIATIVE PETITION
A bill for a law to annex a portion of t!ie northern part
of Clackamas County, Oregon, to Multnomah County,
Oregon, and providing for transcribing and trans-
ferring the records of the territory proposed to be
annexed, and for adjustment of finances between the
two counties. Vote YES or NO.
322. Yes.
323. No.
ARGUMENT AGAINST ANNEXATION OF A PART OF CLACKAMAS
COUNTY TO MULTNOMAH COUNTY.
To the voters of the State of Oregon:
The Multnomah-Clackamas Annexation Association was born at a meet-
ing held in February last at Oak Grove. This meeting was conducted by
programme and the influence of a few men predominated. Although many
representatives were present from all parts of Clackamas County, when it
came to vote on the resolutions previously prepared the chair ruled that
only those residing north of the Clackamas River were entitled to vote. This
arbitraiy and unusual ruling left the cftnduct of the meeting in *-he hanj-
of a few and these few proceeded to form the MULTNOMAH-CLACKAMAS
ANNEXATION ASSOCIATION, which in no sense represents the senti-
ment of Clackamas County. There is no "crying" or other need for the
dismembernient of Clackamas County. The great majority of the citizens
and voters of Clackamas County are opposed to said division, and espe-
cially opposed to the high handed and arbitrary method employed to
create an ASSOCIATION whose object is to destroy the present boundaries
of Clackamas County. Had the meeting held at Oak Grove been •conducted
fairly, and had full deliberation and discussion been allowed, the true senti-
ment of the residents of the county could have been easily ascertained. For
reasons known to themselves the managers of that meeting desired to hear
from only a selected few and denied the right of ballot to all the citizens
64 Pamphlet Containing Measures to be
of Clackamas County south of the Clackamas Eiver. The Oak Grove meet-
ing then was in no sense representative, and it follows that the MULT-
NOMAH-CLACKAMAS ANNEXATION ASSOCIATION, created according
to a cut and dried programme at that meeting, represents only the senti-
ment and desires of its promoters.
There is also a proposition before the voters to add a large portion of
Washington County to Multnomah County. If both of these dismemberment
schemes succeed, Multnomah County, by reason of her greatly increased
population, will be entitled to many more members in the Legislature. With
this added power she could then dictate, in legislative matters, to all of the
other counties.
It will cost at least $100,000.00 to transcribe the official records. Inas-
much as the promoters of county division are unwilling to pay this amount,
most of it must be paid, in the event of success, by the taxpayers of Mult-
nomah County. '
The commercial bodies of Clackamas County during the past year have
spent large sums of money in advertising this section. Our county is pros-
perous. With united effort we shall continue to grow in population, wealth
and influence.
There has been no good or valid reason given for destroying the integrity
of Clackamas County and
We. therefore, respectfully ask the voters of the State of Oregon to
vote against the measure which proposes the annexation of a part of Clack-
amas County to Multnomah County.
THE COMMERCIAL CLUB OF OREGON CITY.
By TOM P. RANDALL, President.
Attest: M. D. LATOURETTE, Secretary.
Submitted to Voters of Oregon November 8, 1910 65
A BILL
To BE Submitted to the legal electors of the State of
Oregon for their approval or rejection
AT THE
REGULAR GENERAL ELECTION
TO BE HELD
On the Eighth Day of November, 1910,
To propose by initiative petition a law creating the County of Williams,
fixing the salaries of its officers and providing for its organization,
By initiative petition filed in the oflice of the Secretary of State, June
23, 1910, in accordance with the provisions of Chapter 226,
General Laws of Oregon, 1907.
Printed in pursuance of Section 8 of Chapter 226, Laws of 1907.
Secretary of State.
The following is the form and number in which the question will be
submitted on the official ballot:
PROPOSED BY initiative PETITION
A bill for an act to create the County of Williams out
of a portion of Lane and Douglas Counties, Oregon;
providing for its organization; fixing the salaries of
the officers thereof, and for adjustment of finances
between the three counties. Vote YES or NO.
324. Yes.
325. No.
66 Pamphlet Containing Measures to be
[On Official Ballot, Nos. 324 and 325.]
A BILL
To propose by initiatire petition a lair creating the County of Williams,
filing the salaries of its officers and providing for its organization.
Be it enacted hy the people of the State of Oregon:
Section 1. That all that portion of the State of Oregon embraced with-
in the following boundary lines be, and t.he same is hereby created and
organized into a separate county, by the name of Williams, to-wit: Be-
ginning at the Pacific Ocean at the western terminus of the boundary line
between Lane and Douglas Counties, Oregon, running thence easterly along
said boundary line between Lane and Douglas Counties to an intersection
with the township line between townships 21 and 22 south, range 4 west,
thence east along said township line to the Willamette Meridian, thence south
along said Willamette Meridian to an intersection of the center line running
east and west through the center of township 24 south, range 1 west, thence
west along said center line through township 24 south, range 1 west, to an
intersection of the boundary line between Coos and Douglas Counties, thence
following the boundary line between Coos and Douglas Counties west and
north to the Pacific Ocean, and thence along said ocean to the place of
beginning.
Section 2. That the territory embraced within said boundaries shall
compose a county for all civil and military purposes and shall be subject to
the same laws and restrictions and be entitled to elect the same officers as
other counties of this State; provided, that it shall be the duty of the Gor-
ernor, as soon as it shall be convenient after this law shall have gone into
effect, to appoint for Williams County and from its citizens, the sevexal
county officers allowed by law to other counties in this State, which said
officers, when duly qualified according to law. shall be entitled to hold
their respective offices until their respective successors shall have been duly
elected at the general election of 1912 and are duly qualified according to
law.
Section 3. The temporary county seat of Williams County shall be
located at Drain, in said county, until a permanent location shall have been
adopted. At the next general election the question shall be submitted to
the legal voters of said county, and the place, if any, which shall receive a
majority of all the votes cast at said election upon said question, shall be the
permanent county seat of said county. But if no place shall receive a
majority of all the votes so cast, the question shall again be submitted to the
legal voters of said county at the next general election, but between the
two points having the highest number of votes at said first election, and the
place receiving the highest number of votes so cast at such election shall
be the permanent county seat of said county.
Section 4. Said County of Williams shall, for representative purposes,
be annexed to the Fourth Representative District, and for senatorial pur-
Submitted to Voters of Oregon No\'T:mber 8, 1910 67
poses said county shall be annexed to the Fifth Senatorial District, being
the representative and senatorial districts, respectively, formerly composed
of Douglas County. And shall also be attached to the Second Horticultural
District.
Section 5. The County Clerks of Lane and Douglas Counties, respec-
tively, shall within thirty days after this law shall have gone into opera-
tion, make out and deliver to the County Clerk of Williams County, a
transcript of all taies upon all persons and property within said Williams
County, which were previously included within the limits of Lane and
Douglas Counties, respectively, and all taxes which shall remain unpaid upon
the day this act shall become a law, shall be paid to the proper officers of
Williams County. The County Clerks of Lane and Douglas Counties, re-
spectively, shall also make out and deliver to the County Clerk of Williams
County, within the time above limited, a transcript of all cases pending in
the Circuit and County Courts of their respective counties, between parties
residing in or concerning property located in Williams County, and transfer
all original papers and pleadings in such cases to the Clerk of Williams
County, and all such cases shall be tried in iaid Williams County.
Section 6. There shall be a session of the County Court of Williamt
County for the transaction of county business held at the county seat on the
first Wednesday in January, March, May, July, September and November
of each year.
Section 7. The aaid County of Williams is hereby attached to the Sec-
ond Judicial District for judicial purposes and to the Third Prosecuting At-
torney's District and the terms of the Circuit Court for said county shall
be held at the county seat of said county on the second Monday in April
and fourth Monday in October.
Section 8. Until otherwise provided by law, the County Judge of
Williams County shall receive an annual salary of $600; the County Clerk
of said county shall receive an annual salary of $1,200; the Sheriff of said
county shall receive an annual salary of $1,200; the Treasurer of said county
shall receive an annual salary of $400; the Assessor of said county shall
receive an annual salary of $900; the County School Superintendent of said
county shall receive an annual salary of $900, and the County Commissioners
of said county shall receive the sum of $3 per day each for the time actually
engaged in the transaction of county business.
Section 9, The County Court of Williams County shall let by contract
to the lowest responsible and efficient bidder or bidders, in separate con-
tracts, the work of transcribing all records of Lane and Douglas Counties,
respectively, affecting real estate situate in Williams County and when
completed they shall be examined and certified by the County Clerk of Wil-
liams County, and shall thereafter be recognized and acknowledged as the
official records of Williams County; provided, the County Clerk of said Wil-
liams County shall be allowed to bid upon such work.
Section 10. It shall be the duty of the County School Superintendents
of Lane and Douglas Counties, respectively, within thirty days after the
appointment of a County School Superintendent for Williamg County, to
68 Pamphlet Containing Measures to be
make out and forward to said School Superintendent of Williams County
a true and correct transcript or abstract of the annual reports of the
clerks of the various school districts embraced within the County of Wil-
liams. The commissioners hereinafter named and appointed to adjust the
property and financial interests of Lane and Williams and Douglas and
Williams Counties, respectively, shall at the same time ascertain what, if
any, sum or sums of money belonging to the school fund is in the hands
of the Treasurers of Lane and Douglas Counties, respectively, which
should be paid to Williams County, and said sum or sums, if any, shall
be paid to Williams County within thirty days after such award.
Section 11. The County Treasurer of Williams County shall, not later
than October 15th, 1911, pay over to the Treasurers of Lane and Douglas
Counties, respectively, the full amount of State tax of the assessment of
1910, due from citizens of Williams County.
Section 12. The Treasurer of Williams County shall, within one year
after its organization by the appointment of its officers as hereinbefore
provided, assume and pay to the Counties of Lane and Douglas, respec-
tively, a pro ]-ata proportion of the remaining indebtedness, if any, of
said Lane and Douglas Counties, respectively, after deducting therefrom
the amount of money that has been collected in taxes from the territory
taken fi'om said Lane and Douglas Counties, respectively, if any, and
expended by said respective counties for public buildings or other prop-
erty; provided, that if, when this law takes effect and after the payment
of all indebtedness and expenses of Lane and Douglas Counties, respec-
tively, up to that time there shall be a balance of money in the hands of
the Treasurei's of said Lane and Douglas Counties, respectively, then, and
in that event, the County Treasurers of Lane and Douglas Counties,
respectively, shall, within thirty days after this law takes effect, or within
thirty days after the amount thereof shall have been determined by the
commissioners hereinafter appointed, pay to the Treasurer of Williaihs
county such proportion of the balance so in the hands of the Treasurers
of Lane and Douglas Counties, respectively, after the payment of the
indebtedness and expense aforesaid, as the total value of the property in
Williams Cou)Uy taken from said respective counties by this law bears
to the total value of property in said Lane and Douglas Counties, respec-
tively, and according to the assessment of 1910.
Section 13. The County Judges of Lane and Williams Counties and a
third party to be appointed by the Governor of the State are hereby
appointed a Board of Commissioners to determine the value of the county
buildings and other property in Lane County; the amount of indebtedness,
if any, to be assumed by Williams County, and be paid to Lane County,
and the amount of money that may be due from Lane County to the
County of Williams under the terms of Section 12 of this law. Said
board shall meet at the county seat of Lane County within thirty days
after this law takes effect and thereupon determine said matters.
Section 14. The County Judges of Douglas and Williams Counties and
a third party to be appointed by the Governor of the State, are hereby
Submitted to Voters of Oregon November 8, 1910 69
appointed a Board of Commissioners to determine the value of the county
buildings and other property of Douglas County, the amount of indebted-
ness, if any, to be assumed by Williams County, and be paid to Douglas
County, and the amount of money that may be due from Douglas County
to 'Wiilianis County under the terms of Section 12 of this law. Said board
shall meet at the county seat of Douglas County within thirty days after
this law goes into effect and thereupon determine said matters.
Section 15. After taking and subscribing an oath to faithfully dis-
charge their respective duties, said board, respectively, shall proceed with
such work, and when it is completed shall file reports of their conclusions
in duplicate with the Clerks of Lane and Williams and Dougla? aiid
Williams Counties, respectively. In case of a vacancy in eith^jr of said
boards, the same shall be filled by the appointment of Hcme suitable
person or persons by the Governor of the Statv^.
Section 16. Within thirty days after the filing of such reports, respec-
tively, either county may appeal from the dc-cltion of said board to the
Circuit Court of Lane or Douglas Counli'.s by serving notice of appeal
upon the clerk of the other county interested. Upon perfecting the issue
in such Circuit Court, either county may demand a change of venue to
any other county in the Second Judicial District, or other Circuit Court
of the State of Oregon, for any county which may be agreed upon by said
counties, or in the event of a disagreement, to any county which may be
designated by the Judge of the coui't where said proceeding is pending.
The trial may be by jury, and the judgment rendered may be enforced as
other judgments against counties. If the county appealing fails to
recover a more favorable judgment than the finding of the board appealed
from by at least $500, it shall pay the costs of the appeal. If no appeal
be taken by either party, within the thirty days above provided, the
findings of said board shall be final and conclusive. The members of
said board shall receive the sum of $3 per day for each day actually
employed, and the same mileage as a witness in the Circuit Court. The
expenses incurred by the above mentioned boards, respectively, shall be
born equally by the two counties interested.
70 Pamphlet Containing Measures to be
ARGUMENT (affirmative)
SUBMITTED BY
WILLIAMS COUNTY COMMISSION
in faTor of the measure designated on the official ballot, as follows:
PEOPOSED BY INITIATIVE PETITION.
A bill for an act to create the County of Williams out
of a portion of Lane and Douglas Counties, Oregon;
providing for its organization; fixing the salaries of
the officers thereof, and for adjustment of finances be-
tween the three counties. Vote YES or NO.
324. Yes^ ^
325! No^
ARGUMENT IN FAVOR OF INITIATIVE PETITION FOR
CREATION OF WILLIAMS COUNTY.
While the name "WILLIAMS" is one held in great esteem, and justly
BO, by the people not only of the State of Oregon, but of our entire coun-
try; and while the State of Oregon could in no way better show its ap-
preciation of the life and public services of the late Honorable George H.
Williams than to perpetuate his memory in the name of one of the counties
of the State, it is not the purpose of this argument to appeal in any way
to the voters of Oregon, except through the merits alone of the proposed
Williams County division.
First. There are embraced within its boundaries eleven hundred (1,100)
TOters. The average distance from their respective county seats at pres-
ent is fifty-five miles. If Williams County is formed that distance will
be reduced by thirty miles.
Second. The distance from Eugene, county seat of Lane County^^ to
Roseburg, county seat of Douglas county, is seventy-five miles; the north
line of the proposed Williams County is twenty-two miles south of Eugene;
the south line of Williams County is twenty-two miles north of Roseburg.
thus leaving Williams County about thirty-one miles wide.
Third. This leaves Eugene practically in the center of Lane County
and Roseburg practically in the center of Douglas County and Drain,
temporary county seat of Williams County, in the center of the county, just
half way between Eugene and Roseburg.
Fourth. In laying out Williams County, the located interests of both
counties from which Williams is taken have been respected. The boundaries
of Williams County follow natural lines, and make a fine new county with
$8,000,000 worth of assessable property, embracing 1,550 square miles, 216 of
which are cut from the southeastern part of Lane County and 1,334 from
Northern Douglas. The forming of Williams County will greatly advance the
development of this part of the State. Williams County will receive prac-
tically a unanimous affirmative vote within its borders.
WILLIAMS COUNTY COMMISSION.
By CLAUDE W. DEVORE, Secretary.
Submitted to Voters of Oregon November 8, 1910 71
AN AMENDMENT
TO THE
constitution of the state of oregon
to be submitted to the legal electors of the state of
Oregon for their approval or rejection
AT THE
REGULAR GENERAL ELECTION
TO BE HELD
On the Eighth Day of November, 1910,
TO AMEND
Article IX
By initiative petition filed in the office of the Secretary of State, June
23, 1910, in accordance with the provisions of Chapter 226,
General Laws of Oregon, 1907.
Printed in pursuance of Section 8 of Chapter 226, Laws of 1907.
Secretary of State.
The following is the form and number in which the question will be
printed on the official ballot:
PROPOSED BY initiative PETITION
For constitutional amendment providing for the people
of each county to regulate taxation and exemptions
within the county, regardless of constitutional re-
strictions or state statutes, and abolishing poll or
head tax. . Vote YES or NO.
326. Yes.
327. No.
72 Pamphlet Containing Measures to be
[On Official Ballot, Nos 326 and 327.]
CONSTITUTIONAL AMENDMENT.
Article IX of the Constitution of the State of Oregon shall be, and
hereby is, amended by inserting the following section in said Article IX,
after Section 1 and before Section 2, and it shall be designated as
Section la of Article IX:
Article IX,
Section la. No poll or head tax shall be levied or collected in Oregon;
no bill regulating taxation or exemption throughout the State shall be-
come a law until approved by the people of the State at a regular general
election; none of the restrictions of the Constitution shall apply to
measures approved by the people declaring what shall be subject to
taxation or exemption and how it shall be taxed or exempted whether
proposed by the Legislative Assembly or by initiative petition; but the
people of the several counties are hereby empov.-ered and authorized to
regulate taxation and exemptions within thir several counties, subject
to any gneral law which may be hereafter enacted.
(Affirmative Argument following No. 308 covers this measure.)
Submitted to Voters of Oregon November 8, 1910 73
AN AMENDMENT
TO THE
constitution of the state of oregon
To be Submitted to the legal electors of the State of
Oregon for their approval or rejection
AT THE
REGULAR GENERAL ELECTION
. TO BE HELD
On THE Eighth Day of November, 1910,
TO AMEND
• Section 2 Article X[
By initiative petition filed in the office of the Secretary of State, June
23, 1910, in accordance with the provisions of Chapter 226,
General Laws of Oregon, 1907.
Printed in pursuance of Sectio 8 of Chapter 226, Laws of 1907.
Secretary of State.
The following is the form and number in which the question will be
printed on the official ballot:
PROPOSED BY INITIATIVE PETITION
For constitutional amendment giving to cities and towns
exclusive power to license, regulate, control, suppress,
or prohibit the sale of intoxicating liquors within
the municipality. Vote YES or NO.
:>28. Yes.
829. No.
74 Pamphlet Containing Measures to be
[On Official Ballot, Nos. 328 and 329.]
CONSTITUTIONAL AMENDMENT.
Section 2 of Article XI of the Constitution of the State of Oregon
shall be, and hereby is, amended to read as follows:
Article XL •
Section 2. Corporations may be formed under general laws, but shall
not be created by the Legislative Assembly by special laws. The Legis-
lative Assembly shall not enact, amend or repeal any charter or act of
incorporation for any municipality, city or town. The legal voters of
every city and town are hereby granted power to enact and amend their
municipal charter, subject to the Constitution and criminal laws of the
State of Oregon, and the exclusive power to license, regulate, control,
or to suppress or prohibit, the sale of intoxicating liquors therein -nis
vested in such municipality; but such municipality shall within its limits
be subject to the provisions of the local option law of the State of Oregon.
Submitted to Voters of Oregon November 8, 1910 75
ARGUMENT
(affirmative)
SUBMITTED BY
GREATER OREGON HOME RULE ASSOCIATION
in favor of the measure designated on the official ballot as follows:
PROPOSED BY INITIATIVE PETITION
For constitutional amendment giving to cities and towns
exclusive power to license, regulate, control, suppress, •
or prohibit the sale of intoxicating liquors within the
municipality. Vote YES or NO.
328. Yes.
329. No.
APPEAL FOR RELIEF FOR ALL INCORPORATED TOWNS
AND CITIES.
Greater Oregon Home Rule Association Offers Reasons Why Citizens
Should Support Its Bill Amending the Constitution.
Strong Argument for the Consideration of Every Fair-Minded Taxpayer
and Progressive Voter of Oregon, Who Believes in the Up-
building of Home Industry, Home Rule and the
Greater Development of Our State.
' Portland, Oregon, July 2, 1910.
To the Voters of Oregon:
The proposed amendment is necessary to round out and complete the
intent of the Constitution and the initiative and referendum, and to
perfect and preserve the local option law. It means home rule for cities
in the control or suppression of the liquor traffic. In all other respects
the amendment is identical with the present Constitution, as every city
in the State now has absolute self-government on all other questions,
subject to the criminal laws of the State, and this condition will not be
changed by the proposed amendment.
It in no way annuls the effect of the provisions of the local option
law, as they are retained in full force, within the corporate limits of
every city. It prevents forcing saloons, or prohibition, upon a munici-
pality by voters living outside of the city, who pay no city taxes, and
are in no wise interested in the city government.
76 Pamphlet Containing Measures to be
It will prevent the coiTibining of outside precincts and districts in one
local option district, to the injury of a city situated therein.
It can only be opposed by persons who cannot trust a city to conduct
its own legitimate business according to the will of a majority of its
people. The safeguards nov/ existing are preserved. The amendment
if adopted would not take away fi-om sheriffs, district attorYieys, or
other police odicers, the power to suppress any State crime committed
in the city, as the provision: "Subject to the Constitution and criminal
laws of the State," is retained in the amendment. This effectually main-
tains the supremacy of the State, and at the same time insures home
rule. This amendment has a double purpose. If adopted by a larger
affirmative vote, it accomplishes, not only the results above mentioned,
but at the same time defeats statewide prohibition.
t The Greater Oregon Home Rule Association opposes statewide prohi-
bition for the following reasons:
1. Forty thousand leading citizens, including business and profes-
sional men, farmers, bankers, and many ministers, have signed a protest
against statev/ide proliibition.
2. Statewide prohibition would kill the present local option lav\'.
3. It would retard the development of Oregon.
4. It is an exploded theory, long ago discarded by such wealthy and
progressive states ae New York, Pennsylvania, Ohio, Illinois, Indiana,
Michigan, Wisconsin, and New Jersey.
The Greater Oregon Home Rule Association was organized for the
express purpose of interesting foreign capital in the upbuilding and
further development of our varied resources and industries, and the
preservation to the people of their individual rights.
Politics plays no part in the purposes of this organization.
It is not affiliated with or controlled by any other association or
interest whatsoever. It stands for a Greater Oregon, first, last and all
the time. The following is copied "from its constitution and declaration
of principles:
"Wo invite all citizens, taxpayers, merchants, manufacturers, business
and professional men, to join with us in favoring all legitimate means
and measures for the advancement of the agricultural, industrial and
commercial development of Oregon, particularly home rule for incor-
porated cities and towns, and opposing all sumptuary legislation, or
movements unnecessarily interfering with commerce."
"The members of this association shall be citizens of Oregon, firms,
associations or corporations, engaged in business in Oregon, but no per-
son, firm or corporation engaged in the manufacture or sale of intoxi-
cating liquors shall be eligible for membership, except hotel and inn-
keepers whose principal occupation is the serving of food and lodging
to guests."
Oregon needs development. She does not need, and will not adopt
prohibition. You can best serve the interests of your State, county and
Submitted to Voters of Oregon November 8, 1910 77
city, by marking an X after the number 328 on the ballot at the coming
election.
OFFICERS.
GREATER OREGON HOME RULE ASSOCIATION.
President — Herman Wittenberg,
V.-P. and Mgr. Pac. Coast Biscuit Co.
Vice-President — R. D. Inman,
President Inman-Poulsen Co.
Secretary — R. W. Schmeer,
Cashier U. S. National Bank.
Treasurer — Byron P. Reynolds, farmer.
ADVISORY BOARD.
H, Wittenberg, Manufacturer.
C. K. Henry, Real Estate.
Allan Welch Smith, Physician.
Geo. W. Hoyt, Cashier,
Merchants National Bank.
A. H. Devers,
President Closset & Devers.
J, J. Flynn, Real Estate.
C. A. Whilemore,
Pres. Irwin-Hodson Co.
D. Solis Cohen, Attorney.
PUBLICITY COMMITTEE,
A. L. Mills, Banker.
H. Wittenberg, Manufacturer.
J. Frank Watson, Banker.
Geo. W. Hoyt, Danker.
R. W. Schmeer, Banker.
R. Lea Barnes, Banker.
T. D. Honeyman, Merchant.
H. W. Scott, Editor Oregon ian.
E. B. Piper, Mng. Editor Oregonian
Allan W. Smith, Physician.
J. L. Hartman, Bankei-.
Chas. K. Henry, Real Estate.
J. H. Burgard, Insurance.
M. Fleischner, Merchant.
A. T. Huggins,
Mgr. Fleischner & Mayer.
Jas. Hislop, Merchant.
B. P. Reynolds, Farmer.
A. L. Fish, Bus. Mgr. Journal.
G. M. Trowbridge, Editor Journal.
A. Feldenheimer, Merchant.
Sig Sichel, Merchant.
Seneca Fonts, Lawyer.
D. Solis Cohen, Attorney.
F. E. Dooly, Insurance.
Chas. Gauld, Merchant.
Leslie M. Scott, Oregonian.
J. J. Fljmn, Real Estate.
M. C. Banfield, Contractor.
R. D, Inman, Lumberman.
H. C. Wortman, Merchant.
H. W. Hogue, Lawyer.
M. W. IMarkewitz, Merchant.
O. A. Windfelder, Salesman.
G. B. Thomas, Promoter.
C. A. Wliitemore, Irwin-Hodson Co.
Fred B. Eaton, I\Ierchant.
Hanison Allen, Attornej\
C. W. Ilodson, Real Estate.
W. B. Glafke, Merchant.
Dwight Edwards, Merchant.
A. W. Whilmer, Insurance.
J. W. Smith, Mfr. Stoves.
F. W. Isherwood,
Mgr. Bridge & Beach Mfg. Co.
78 Pamphlet Containing Measures to be
ARGUMENT
(negative)
SUBMITTED BY
OREGON DRY CAMPAIGN COMMITTEE
opposing the measure designated on the official ballot as follows:
PROPOSED BY INITIATIVE PETITION
For constitutional amendment giving to cities and towns
exclusive power to license, regulate, control, suppress,
or prohibit the sale of intoxicating liquors within
the municipality.
Vote YES or NO.
328. Yes.
329. No.
ARGUMENT AGAINST THE FOREGOING AMENDMENT.
The most impudent affront to the intelligence of Oregon voters is this
attempt to foist into the Constitution in a new dress, the "Reddy Bill,"
which was defeaed at the last State election by a majority of 12,994 votes.
This amendment would debar the voters of the sovereign state from
the right to govern, regulate or prohibit the liquor traffic in cities, and
is in the interest of rum rule.
It emenates from that class that proposes to exploit the vices of city
life for its ovm profits, aad cares nothing for morality and the public
welfare of the State.
Its purpose is, first, to exclude the State from all control of the
liquor traffic.
Second, to entrench the saloon so the people could not prohibit it
either by state prohibition or county option.
Third, to run towns and cities of Oregon wide open in defiance of
the prevailing sentiment for better conditions throughout the State.
"The Home Rule Amendment," so called, is un-American. The State
is the unit. Our cities must not be permitted to set up separate prin-
cipalities in absolute independence of our State laws, particularly the
criminal laws. A vice which shocks the sentiment of mankind or en-
dangers public welfare sufficiently to be prohibited by State laws, can-
not be permitted in our municipalities without overriding the laws of
the commonwealth, undermining the supremacy of the State and. intro-
ducing the worst form of minority rule, vicious and anarchistic in all
its tendencies.
Our cities and counties are not separate, they go up or down to-
gether. In Yamhill county four-fifths of the taxable property and of
the asiessments is in the country outside of corporate limits. How unfair
Submitted to Voters of Oregon November 8, 1910 79
and UH-American to disfranchise every man who lives outside the city
from having a vote concerning the liquor traffic in his county and put-
ting absolute control in the hands of the lowest, who would form, in
every town, "a corruption ring" to manipulate politics and exploit city
vices.
This amendment does not "preserve the local option law." It limits it
to precincts and takes the enforcement away from district attorneys,
sheriffs and grand juries, and permits city authorities to scoff at the
power of the sovereign state. For after recounting, "Subject to the
Constitution and criminal laws of the State" it says "and the exclusive
power to license, regulate, control, or to suppress or prohibit, the saU
of intoxicating liquors therein is vested in such municipality."
It took the authority of the State, arrayed against the city, to close
open gambling in Portland. All the reforms which have restricted vice,
stopped the sale of liquor on Sunday, and to minors and women, stopped
circulating obscene literature and closed the nickel-in-the-slot machine,
were obtained through State laws.
As to the "Greater Oregon Kome Rule Associatioa." It is a catchy
name, but first, we question that 40,000 signed the protest mentioned
and we know that signatures were secured through false representations.
2. Statewide prohibition is simply an advance upon local option,
extending it from county to state.
3. Statewide prohibition would not retard, but rery largely enhance
the development of the State.
4. To support the claim that "prohibition is an exploded theory" they
name eight "wealthy and progressive" states which have discarded it.
Five of these eight states are the five most thoroughly corrupt states in
the Union, in their state and city governments, and this "discard" im-
doubtedly, largely accounts for it. While acknowledging the great wealth
of these states we affirm that the wealth is in the hands of the few and
reeking poverty is the heritage of the many, while in Maine and Kansas
wealth is equitably distributed, jails rented for storage and poor farms
leased out to individuals.
The fact that the prohibition petitions, secured by volunteer workers,
have more signers than any other proves a state-wide demand. The local
option law does not touch the manufacture, nor reach the large cities
which corrupt the state politics; a condition which this amendment
proposes to make permanent.
Inasmuch as the saloon is the fertile source of crime and the twin
brother of all vices, their aider and abettor, it would be monstrous to
release it from the control of the criminal laws of the State. Imagine
the Portland saloons subject to no higher power than the city council.
What kind of councils would every city soon have uffder such conditions?
This amendment means that your city council would be the stake the
saloon would play for. Does the prospect please you?
The charter of the "Greater Oregon Home Rule Association," among
other objects, states, "especially home rule for incorporated cities and
80 Pamphlet Containing Measures to be
towns, and opposing all sumptuary legislation," and though they sign
a list of names composed of church members, brewery stockowners and
others, the fact that this is the job they are working at raises the sus-
picion that they ARE "controlled" and by the liquor barons, despite
their denial.
It would be an easy matter, under this amendment, to colonize cities
and keep them wet for all time.
Like a decayed apple in a box, a wet city in a county reaches beyond
itself and starts decay in the whole body. The man from the country
coming to town to trade, or sending his son or daughter, is affected by
whether that town is wet or dry. Most boys and girls in the country
look forv/ard to a career in the city, and to rear them in a dry territory
and then subject them to the debauchery and vices of the saloons of a
wet city is too often disastrous.
Portland is the metropolis of the State and every resident of the State
has a personal interest in the moral condition of that city. So every
large city is the metropolis of its county and has a moral duty to its
county which the county has a right to see it perform.
This amendment is unfair from a dollar standpoint. A wet city
receives all the revenue from the saloon and creates a very large majority
of the exepnse of court, sheriff, jails, poor farm, etc., but the entire
county is taxed equally with the city to support these and receives no
revenue. Likewise the entire State is taxed to support the Supreme
Court, penitentiary, asylum, reform school and all State institutions
created principally to care for the product of the saloon in wet cities.
The section of the Constitution which this aims to amend is just right
as it is; for it makes all the State subject to all the criminal laws of the
State, while this amendment proposes to exclude the crime producer of
the cities from the conti'ol of the criminal laws of the State. "^
This amendment is the liquor traffic's stone wall about the incorpo-
rated towns of the State to "save" them to the traffic. By cunning
allusion to the local option law it aims to use the popularity of that law
for its own benefit.
The problem of the nation is the city. The problem of the city is the
saloon. The saloon debauches manhood and creates a venal, purchasable
vote and is headquarters for it, so that, when wanted to further the
purpose of special privilege, it is at hand. Until this debauchery is ended
the problem of the city is hopeless and tools of every iniquity and special
privilege will fill the offices of the land and govern in the interests of
their masters.
Remember, this is a constitutional amendment and cannot be changed
by the legislature \T^en its iniquities become apparent.
Be not deceived. This is a snare of the liquor traffic to trade a little
country territory for a perpetual right to the cities.
Vote No X 329 and also Yes X 342 and 344.
OREGON DRY CAMPAIGN COMMITTEE.
Submitted to Voters of Oregon November 8, 1910 81
A BILL
To be submitted to the legal electors of the State of
Oregon for their approval or rejection
AT THE
REGULAR general ELECTION
TO BE HELD
On the Eigpith Day op November, 1910,
To propose by initiative petition a law providing for the protection and
safety of persons engaged in the construction, repairing, alteration, or
other work, upon buildings, bridges, viaducts, tanks, stacks, and other
structuies, or engaged in any work upon or about electrical wires, or
conductors or i)oles, or supports, or other electrical appliances, or con-
trivances carrying a dangerous current of electricity; or about any
machinery or in any dangerous occupation, and extending and defining
the liability of employers in any or all acts of negligence, or for injury
or death of their employes, and defining who are the agents of the em-
ployer, and declaring what shall not be a defense in actions by employes
against employers, and prescribing a penalty for a violation of the law.
By initiative petition filed in the off.oe of the Secretary of State, June
23, 1910, in accordance with the provisions of Chapter 22G,
General Laws of Oregon, 1907.
Printed in pursuance of Section 8 of Chapter 226, Laws of 1907.
Secretary of State.
The following is the form and number in which the question will be
submitted on the official ballot:
PROPOSED BY initiative PETITION
A bill for a law requiring protection for persona en-
gaged in hazardous employments, defining and ex-
tending the liability of employers, and providing
that contributory negligence shall not be a defense. Vote YES or NO.
H30. Yes.
331. No.
82 Pamphlet Containing Measures to be
[On Official Ballot, Nos. 330 and 331.]
A BILL
To propose by initiative petition a law providing for the protection and
safety of persons engaged in the construction, repairing, alteration,
or other work, upon buildings, bridges, viaducts, tanks, stacks and
other structures, or engaged in any work upon or about electrical wires,
or conductors or poles, or supports, or other electrical appliances or
contrivances carrying a dangerous current of electricity; or about any
machinery or in any dangerous occupation, and extending and defining
the liability of employers in any or all acts of negligence, or for injury
or death of their employes, and defining who are the agents of the
employer, and declaring what shall not be -a defense in actions by
employes against employers, and prescribing a penalty for a yiolation
of the law.
Be it enacted by the people of the State of Oregon:
Section 1. All owners, contractors, sub-contractors, corporations or
persons whatsoever, engaged in the construction, repairing, alteration,
removal or painting of any building, bridge, viaduct, or other structure,
or in the erection or operation of any machinery', or in the manufacture,
transmission and use of electricity, or in the manufacture or use of any
dangerous appliance or substance, shall see that all metal, wood, rope,
glass, rubber, gutta percha, or other material whatever, shall be care-
fully selected and inspected and tested so aa to detect any defects, and
all scaffolding, staging, false work or other temporary structure shall
be constructed to bear four times the maximum weight to be sustained
by said structure, and such structure shall not at any time be overloaded
or overcrowded; and all scaffolding, staging or other structure more than
twenty feet from the ground or floor shall be secured from swaying and
provided with a strong and efficient safety rail or other contrivance,
so as to prevent any person from falling therefrom, and all dangerous
machinery shall be securely covered and protected to the fullest extent
that the proper operation of the machinery permits, and all shafts, wells,
floor openings and similar places of danger shall be enclosed, and all
m.achinery other than that operated by hand power shall, whenever
necessary for the safety of persons employed in or about the
same, or for the safety of the general public, be provided with a. system
of communication by means of signals, so that at all times there may
be prompt and efficient communication between the employes or other
persons and the operator of the motive power, and in the transmission
and use of electricity of a dangerous voltage full and complete insula-
tion shall be provided at all points where the public or the employes of
the owner, contractor or sub-contractor transmitting or using said elec-
Submitted to Voters of Oregon November 8, 1910 83
tricity are liable to come in contact with the wire, and dead wires shall
not be mingled with live wires, nor strung upon the same support, and
the arms or supports bearing live wires shall be especially designated
by a color or other designation which is instantly apparent and live
electrical wires carrying a dangerous voltage shall be strung at such
distance from the poles or supports as to permit repairmen to freely
engage in their work without danger of shock; and generally, all owners,
contractors or sub-contractors and other persons having charge of, or
responsible for,, any v."ork involving a risk or danger to the employes
or the public, shall use every device, care and precaution which it is
practicable to use for the protection and safety of life and limb, limited
only by the necessity for preserving the efficiency of the structure,
machine or other apparatus or device, and without regard to the addi-
tional cost of suitable material or safety appliance and devices.
Sec. 2. The manager, superintendent, foreman or other person in
charge or control of the construction or works or operation, or any part
thereof, shall be held to be the agent of the employer in all suits for
damages for death or injuiy suffered by an employe.
Sec. 3. It shall be the duty of owners, contractors, sub-contractors,
foremen, architects or other persons having charge of the particular
work, to see that the requirements of this act are complied with, and
for any failure in this respect the person or persons delinquent shall,
upon conviction of violating any of the provisions of this act, be fined
not less than ten dollars, nor more than one thousand dollars, or im-
prisoned not less than ten days, nor more than one year, or both, in the
discretion of the court, and this shall not affect or lessen the civil
liability of such persons as the case may be.
Sec. 4. If there shall be any loss of life by reason of the neglects or
failures or violations of the provisions of this act by any owner, con-
tractor, or sub-contractor, or any person liable under the provisions of
this act, the widow of the person so killed, his lineal heirs or adopted
children, or the husband, mother, or father, as the case may be, shall
have a right of action without any limit as to the amount of damages
which may be awarded.
Sec. 5. In all actions brought to recover from an employer for injuries
suffered by an employe the negligence of a fellow servant shall not be
a defense where the injury was caused or contributed to by any of the
following causes, namely: Any defect in the structure, materials, works,
plant or machinery of which the employer or his agent could have had
knowledge by the exercise of ordinary care; the neglect of any person
engaged as superintendent, manager, foreman, or other person in charge
or control of the works, plant, machinery or appliances; the incompe-
tence or negligence of any person in charge of, or directing the particular
work in which the employe was engaged at the time of the injury or
death; the incom.petence or negligence of any person to whose orders
the employe was bound to conform and did conform and by reason of
84 Pamphlet Containing Measures to be
his having conformed thereto the injury or death resulted; the act of
any fellow servant done in obedience to the rules, instructions or orders
given by the employer or any other person who has authority to direct
the doing of said act.
Sec. 6. The contributory negligence of the person injured shall not
be a defense, but may be taken into account hy the jury in fixing the
amount of the damage.
Sec. 7. All acts or parts of acts inconsistent herewith are hereby
repealed.
Submitted to Voters of Oregon November 8, 1910 85
ARGUMENT
(affirmative.)
SUBMITTED BY
OREGON STATE FEDERATION OF LABOR
in favor of the measure desi^ated on the official ballot as follows;
PROPOSED BY INITIATIVE PETITION
A bill for a law requiring protection for persons en-
paged in hazardous employments, defining and ex-
tending the liability of employers, and providing that
contributory negligence shall not be a defense. Vote YES or NO
330. Yes
331. No.
ARGUMENT IN FAVOR OF ABOVE MEASURE.
A BUI for the Protection of Laborers in Hazardous Employments.
This is the call of the plain people to the plain people for relief.
Oregon is making a name for itself as the best home for the immigi-ant
because of its political reforms and the powers which the people have
taken into their own hands, and yet Oregon stands backward and almost
alone in her failure to recognize that the injury or death of a workman
is as much a part of the conduct of the business as the bursting of a
boiler or breakage of the machinery and to prevent the death or injury
of the workman should be as much a part of the cost of the business
as the protection of machinery or replacing old with new. The iron
machinery is insured and guarded from injury in every way, but the
human machinery is, in fact, too cheap to be worth protecting. Every
form of capital receives the aid of special privilege laws; land held in
vacancy, money authorized to be issuc-d by certain institutions only; and
manufactuiers are protected by tariff laws. The only factor in the
production of social wealth which is not protected in any sense whatever
is labor. Babies are born without limit and must live, and there are
always plenty Waiting to take the dead man's shoes. This bill does not
ask so arbitrary and artificial a thing as that the laborers' wages be
protected and guaranteed by law, but it does ask that the employer be
compelled to use diligence in protecting the laborer as to hi.s life and
limb, while earning wages; that a safe place in which to work be pro-
vided and that ropes, chains, beams, machinery, etc., be properly tested
before the workman is asked to risk his life with them. Surely this
86 Pamphlet Containing Measures to be
is a reasonable request. Ten per cent of electrical workers are killed.
It is a more hazardous employment than war. The same may be said
of workers on bridges and high steel frame structures.
Senator Elihu Root, in^is speech before the National Civic Federation,
said: "It seems to me that our present system of dealing with those
injuries that come to our employes in our great industrial life is foolish,
wasteful, ineffective and barbarous The cost of support which
is made necessary by the injuries suffered in a business is just as much
a part of the cost of the business as the tools that are worn out and
the material that is consumed."
The commission appointed to report to the legislature of New York
on the question of employers' liability says, al page 11: "At common
law in England and the United States the legal relations of employer
and employed before 1837 did not differ in any way from the legal rela-
tion of strangers and there were no special rules as to employers' liability.
Up to 1837 that single principle seems to have been the whole law
on the subject. But from that time, both in England and America there
has developed gradually a large body of special law on employers' lia-
bility. This is judge-made law The important point to be noted
ij the fact that this body of special laws exists for no very clearly
defined reasons of justice or social policy; that it is purely 'judge-made'
and not over seventy years old."
The bill here submitted to the voters of Oregon modifies the prevailing
rule as to the defenses of contributory negligence and the negligence
of a fellow servant. The ignorance of lawyers is largely responsible
for the popular belief that these legal defenses are both holy and hoary
and that to weaken them would be to infringe on the sacred rights of
employers. As just shown by the quotation above, both these doctrines
are judge-made law, made in England, are of comparatively recent
origin, never existed on the continent of Europe, have been abolished •hy
the act of Parliament in England, where they originated; never existed
in any system of law except the English; never existed in the admiralty
courts of the United States, which takes its law from the Roman law
and not from England, so that today in a suit in admiralty it is no de-
fense to allege that the man was damaged by some negligence of his own
contributing to the injury. His own negligence may be taken into account
in measuring the damages, but is not an absolute bar and this is exactly
what this bill proposes. It puts the State courts on the same plane with
the courts of admiralty and of all the civilized world in this respect.
The bill itself is drawn from those of Illinois and Pennsylvania, It
is not only inherently just in itself and such as no just man or humane
man ought to complain of, but it is good policy for Oregon, if she expects
to be an attractive home for intelligent workers. Read the bill.
OREGON STATE FEDERATION OF LABOR.
By J. F. Cassidt, Secretary.
Submitted to Voters of Oregon November 8, 1910 87
A BILL
to be submitted to the legal electors op the state op
Oregon for their approval or rejection
AT THE
REGULAR GENERAL ELECTION
TO BE HELD
On the Eighth Day of November, 1910,
To propose by initiative petition a law to create the County of Orchard,
out of the northeastern portion of the County of Umatilla:
Providing for its organization and fixing the salaries
of the officers thereof.
By initiative petition filed in the office of the Secretary of State, Juae
23, 1910, in accordance with the provisions of Chapter 226,
General Laws of Oregon, 1907.
Printed ia pursuance of Section 8 of Chapter 226, Laws of 1907.
Secretary of State.
The following is the form and number in which the question will b»
submitted on the official ballot:
PROPOSED BY initiative PETITION
A bill for an act to ci'eate the County of Orchard out of
the northeastern portion of Umatilla county, Oregon;
providing for its organization; fixing the salaries of
the officers thereof; and for adjustment of finances
between the two counties. Vote YES or NO.
332. Yes.
333. No.
88 Pamphlet Containing Measures to be
[On Official Ballot, Nos. 332 and 333.J
A BILL
To propose by initiative petition a law to create the County of Orchard,
out of the northeastern portion of the County of Umatilla; providing
for its organization and fixing the salaries of the officers thereof.
Be it enacted by the people of the State of Oregon:
Section 1. That all that portion of the State of Oregon, embraced
within the following boundary lines, be, and the same is hereby created
and organized into a separate county, by the name of ORCHARD, to-wu:
Commencing where the line between townships thirty-two and thirty-
three, east of the Willamette Meridian, intersects the State line between
the States of Oregon and Washington; thence running south on the
range line four miles more or less to the line running east and west
between townships five and six, north; thence east along the township
line six miles to the range line between ranges thirty-three and thirty-
four, east of Willamette Meridian; thence south along said line twelve
miles to the southwest corner of section thirty-one, township four, north,
range thirty-four, east of Willamette Meridian; thence east four miles
to the southwest corner of section thii-ty-five, township four, north,
range thirty-four, east of Willamette Meridian; thence south three miles
to the southwest corner of section fourteen, township three, north, range
thirty-four, east of Willamette Meridian; thence east following the sec-
tion lines thirteen miles more or less to the center of the channel of the
Umatilla River; thence in an easterly direction following the center of
the channel of the Umatilla River and of the North Fork thereof to the
county line between Umatilla and Union counties; thence in a northerly
direction along said county line to the State line between the States of
Oregon and Washington; thence west along said State line thirty-eight
miles more or less to the place of beginning.
Section 2. That the territory embraced within the said boundary lines,
shall compose a county for all civil and military purposes and shall be
subject to the same laws and restrictions and shall be entitled to elect
the same officers as other counties of this State; provided, that it shalJ
be the duty of the Governor as soon as it shall be convenient after this
act shall have become a law to appoint for Orchard county and from its
citizens the several county officers allowed by law to other counties in
this state, which said officers, when duly qualified according to law,
shall be entitled to hold their respective offices until their successors
are duly elected at the general election of 1912, and are duly qualified
according to law.
Section 3. The temporary county seat of Orchard county shall be
located at Milton City in said county, until a permanent location shall
be adopted. At the next general election the question shall be submitted
Submitted to Voters of Oregon November 8, 1910 89
to the legal voters of said county, and the place, if any, which shall
receive a majority of all the votes cast at said election shall be the
permanent county seat of said county; provided, however, that if no place
•ihflll receive a majority of all votes cast, the question shall again be
submitted to the legal voters of said county at the next general election;
provided further, however, that the two points receiving the highest
number of votes at such election shall be the places to be voted upon at
Buch next general election, and that the place receiving the highest num-
ber of votes at such last election shall be the permanent county seat
of said county.
Section 4. That said County of Orchard shall for representative
purposes have one of Umatilla county's representatives, and for sena-
torial purposes shall be annexed to the Twenty-third senatorial district,
the same being the senatorial district formerly constituted by Umatilla
county.
Section 5. That the County Clerk of Umatilla county shall, within
thirty days after this law shall have gone Into effect, make out and
deliver to the County Clerk of Orchard county, a transcript of all taxes
assessed upon all persons and property within the limits of Orchard
county, which were previously included within the boundaries of Umatilla
county, and all taxes 'which shall remain unpaid upon the day this act
shall become a law, shall be paid to the proper officers of Orchard
county. The Clerk of Umatilla county shall also make out and deliver
to the County Clerk of Orchard county, within the time above specified,
a transcript of all cases pending in the Circuit and County Courts of
Umatilla county, between parties residing or concerning property located
in Orchard county and transfer all original papers in said cases to be
tried in Orchard county.
Section 6. That the County Court of Orchard county, shall be held
at the county seat on the first Monday of January, INlarch, May, Juh',
September and November of each year.
Section 7. That the County of Orchard is hereby attached to the
Sixth Judicial District for judicial purposes, and the terms of the Circuit
Court for said county shall -be held at the county seat of said county on
the second Monday in March and the second Monday in June and the
second Monday in October of each year.
Section 8. That until otherwise provided by law the various officers
of said County of Orchard shall receive an annual salary as follows:
Sheriff, fifteen hundred dollars; County Clerk, fifteen hundred dollars;
County Judge, one thousand dollars; Recorder of Conveyances, twelve
hundred dollars; County Treasurer, five hundred dollars; County School
Superintendent, twelve hundred dollars; County Assessor, twelve hun-
dred dollars; the County Commissioners of said county shall receive four
dollars per day for the time actually employed in county business, and
mileage at the rate of ten cents per mile each way when required to
travel on county business; the County Surveyor, such fees as are now
90 Pamphlet Containing Measures to be
allowed by law to such officer in Umatilla county; County Coroner, such
fees as are now allowed by law to such officer in Umatilla county.
Section 9. That all laws made especially applicable for Umatilla
county, excepting, however, such laws as relate to the salaries of the
county officers thereof, shall be the same in Orchard county as are novp
maintained in said Umatilla county.
Section 10. That the County Judge of Orchard county shall let by
contract to the lowest responsible and efficient bidder, the work of
transcribing all records of Umatilla county affecting real estate situate
in Orchard county, and when completed they shall be examined and
certified to by the Recorder of Orchard county, and shall thereafter be
recognized and acknowledged as the official records of Orchard county;
provided, the Recorder of Orchard county shall be allowed to bid upon
such work.
Section 11. It shall be the duty of the Superintendent of Schools of
Umatilla county, within thirty days after the appointment of a Superin-
tendent of Schools for Orchard county, to make out and forward to said
Superintendent of Schools of Orchard county, a true and correct tran-
script or abstract of the annual reports of the clerks of the various school
districts embraced within Orchard county. The Commissioners herein-
after appointed to adjust the property and financial interests of Umatilla
and Orchard counties shall at the same time ascertain what, if any, sum
of money belonging to the school fund is in the hands of the Treasurer
of Umatilla county which should be paid to Orchard county, and said
sum, if any, shall be paid to the County Treasurer of Orchard county
within thirty days after such award.
Section 12. That the commission as hereinafter appointed shall
appraise the value of the whole of the county property which may be
owned by the County of Umatilla upon the date that this law shall go
into effect; and shall also determine the amount of indebtedness, if any,
against said Umatilla county upon such date; that said commission shall
then apportion the value of such property and the amount of such in-
debtedness, to these counties respectively in the same proportion as the
total assessed value of the property within such counties as shown by
the assessment roll of Umatilla county for 1910; provided, however, that
such property shall be charged to and be retained by the county in which
it is located; that after these amounts shall have been determined this
said commission shall then balance the "account and determine the exact
amount, if any, that shall be due unto either county from the other; that
should any amount of money be due unto Umatilla county from Orchard
county the Treasurer of said Orchard county shall, within one year
after its organization by the appointment of its officers, as hereinbefore
provided, assume and pay the same to the County of Umatilla, with in-
terest thereon at the rate of six per cent per annum from the date of
such organization until paid; but, that should there be a balance due from
Umatilla county to Orchard county, thea and in that event, the County
Treasurer of Umatilla county, shall within thirty days after this law
Submitted to Voters of Oregon November 8, 1910 91
takes effect, or within thirty days after the amount thereof shall have
been determined by this said commission, pay such amount unto the
Treasurer of said Orchard county.
Section 13. That the County Judge of Umatilla county and the
County Judge of Orchard county and C. P. Strain of Umatilla county
are hereby appointed a board of commissioners to determine the value
of the county buildings and county property owned by Umatilla county,
the amount of indebtedness, if any, to be assumed by Orchard county,
and paid to Umatilla county, and the amount of money that may be due
from Umatilla county to Orchard county, under the terms of Section 12
of this law. This said board shall meet at the county seat of Umatilla
county on the first Monday in December, 1910, or within ten days there-
after, and after taking and subscribing an oath faithfully to discharge
their duties, shall proceed with such work and when it is completed,
shall file reports of their conclusions in duplicate with the County Clerks
of Umatilla and Orchard counties. That in case a vacancy should occur
in said board the same shall be filled by appointment by the Governor of
the State of Oregon.
Section 14. Within thirty days after the filing of such report, either
county may appeal from the decision of said board to the Circuit Court
of Umatilla county, by serving notice of appeal upon the Clerk of the
other county interested. Upon perfecting the issue in said Circuit Court
either county may demand a change of venue to any county in the Sixth
Judicial District of the State of Oregon, or other circuit of the State
of Oregon, for any county which may be agreed upon by said counties,
or in the event of a disagreement, to any county which may be desig-
nated by the Judge of said district. The trial may be by jury and the
judgment rendered may be enforced as other judgments against counties.
If the county appealing fails to receive a more favorable judgment than
the finding of the board by at least five hundred dollars, it shall pay the
cost of the appeal. If no appeal be taken by either party within the
thirty days above provided, the findings of said board shall be conclusive.
The members of said board shall receive four dollars per day for each
day actually employed and the same mileage as a witness to the Circuit
Court and the expense incurred in the above-mentioned board shall be
borne equally by the two counties.
Section 15. That the County Court of Orchard county shall at its
first regular session appoint a stock inspector and a fruit inspector,
which said officers shall be paid as follows, to- wit: The stock inspector
shall receive three dollars per day for each day actually employed and
mileage at the rate of ten cents per mile for each mile traveled in the
performance of his duties; the fruit inspector shall receive three dollars
per day for each day actually employed and mileage at the rate of ten
cents for each mile traveled in the performance of the duties of his said
office.
92 Pamphlet Containing Measures to be
ARGUMENT
(affirmative)
SUBMITTED BY
N. A. DAVIS, J. H. HALL and H. L. FRAZIER, EXECUTIVE
COMMITTEE,
in favor of tlie measure designated on the official ballot as follows:
PROPOSED BY INITIATIVE PETITION
A bill for an act to create the County of Orchard out of
the northeastern portion of Umatilla county, Oregon;
providing for its organization; fixing the salaries of
the officers thereof; and for adjustment of finances
between the two counties. Vote YES or N^
332. Yes.
333. No.
ARGUMENT
in favor of initiative bill for the creation of ORCHARD COUNTY.
This hill is submitted under the initiative for the following, among
other reasons:
The Constitution of the State of Oregon provides that "corporations
may be formed under the general laws, but shall not be created by the
Legislative Assembly by special laws." A county is a public corporation,
and it is apparent that the constitutional provisions reserve to the people
the rigiit to craaie a county under the initiative law, since at the present
time there is no general law on the statute books of the S-tate of Oregon
providing for the creation of new counties.
The facts as to area, population and assessed valuation submitted
herewith show conclusively that the territory included within the limits
of the proposed County of Orchard is sufficiently strong to maintain a
county government. Out of a population of approximately eight thou-
sand and five hundred people, the desire for a new county out of the
northeastern portion of Umatilla county is held by an overwhelming
majority of the people residing within the limits of the proposed Orchard
county, as is evidenced by the fact that a great majority of the legal
voters thereof have signed the petition to submit this bill to the people,
and are giving the same their hearty support. We are assured by many
Submitted to Voters of Oregon November 8, 1910 93
leading citizens of other sections of Umatilla county that they have no
objections to this bill, and that they will give the same their support.
The people residing within the limits of the proposed Orchard county,
therefore ask favorable consideration of the voters of the State of Oregon
upon this bill for the following reasons, to-wit:
Because the new county will be a great benefit to the people residing
therein, and the transaction of county business be thereby greatly
facilitated.
Because the creation of new counties means the development of new
territory, and consequently the advancement and upbuilding of the State.
Because an overwhelming majority of the citizens to be affected by the
terms of this bill, desire its approval by the people; and finally because
the greater portion of the people residing within the limits of the pro-
posed Orchard county are not tributary, commercially or otherwise, to
the county seat of the present County of Umatilla.
The assessed valuation of the territory embraced v^rithin the proposed
County of Orchard in 1909, was $12,361,820, which is ample to provide
all funds necessary for the maintenance of the county government at
a low rate of taxation.
The population of the proposed new county is approximately eight
thousand and five hundred people, and the area is about 583 square miles.
There will remain in Umatilla county an area of 2515 square miles;
a population of approximately 12,000 people, and an assessed valuation
according to the assessment of 1909 of ?29,555,376, thus leaving th«
mother county maintaining its place of prominence among the largest
and strongest counties in th.e State.
The creation of the proposed new county will be a direct benefit to
thousands of people and will injure none, and will provide for a mor«
efficient administration of county affairs, both in the mother county
and in the county of Orchard; and therefore we respectfully ask the
support of the voters of the State of Oregon for this measure at the
flection on the 8th day of November, next.
N. A. DAVIS,
J. 11. HALL,
H. L. FRAZIER,
Executive Committee.
94 Pamphlet Containing Measures to be
ARGUMENT
(negative)
SUBMITTED BY
E. B. ALDRICH, J. H. RALEY, G. M. RICE, R. ALEXANDER, W. L.
THOMPSON, LEON COHEN, J. R. DICKSON, E. S. McCOMAS
and E. J. MURPHY, EXECUTIVE COMMITTEE,
opposing the measure designated on the official ballot as follows:
PROPOSED BY INITIATIVE PETITION
A bill for an act to create the County of Orchard out of
the northeastern portion of Umatilla county, Oregon;
providing for its organization; fixing the salaries of
the officers thereof; and for adjustment of finances
between the two. counties. VoteYES or NO.
333. No.
ARGUMENT AGAINST THE FOREGOING MEASURE.
The adoption of this bill by the people is opposed, for the following,
among other, reasons:
The question involved is a local one and not in any sense a, State
issue im which the people of the State are directly interested. County
division questions of this character should be settled by the people
directly interested and by people who are familiar and cognizant of the
conditions and territory involved, and not by the people of the State at
large, who cannot hope to judge or inform themselves of the issues with
any degree of accuracy. ^
It is predicted a law will be quickly passed, providing a manner of
settling county division questions in accordance with equity and the
wishes of the people to be directly affected by the division. The pro-
moters of Orchard county have refused to await the passage of such a
bill, but have submitted their cause under the initiative, apparently in
the hope that the people will vote blindly for it. In our opinion, their
action in submitting this matter to the entire people constitutes an
abuse of the purposes of the initiative privileges.
The boundaries of the proposed County of Orchard are grossly unfair
and inequitable. A mere glance at the lines proposed will disclose a
spirit of selfishness by the promoters who reside in the town of Milton,
and will disclose the main object and purpose to be to establish the
permanent county seat of the new county at the town of Milton. The
boundaries do not conform to either geographical or business conditions,
and are repugnant to a great majority of the people within the proposed
new county, and are opposed practically unanimously by the people of
the old county.
Milton is situated but four miles from the boundary of the State of
Submitted to Voters of Oregon November 8, 1910 95
Washington. It is in a horticultural section tributary to the city of
Walla Walla, Washington. The remainder of the territory within the
proposed new county is practically all farming and agricultural lands,
and is tributary to Pendleton. The sentiment for county division is
confined almost exclusively to that small horticultural section imme-
diately surrounding the town of Milton, and is generally opposed by the
farmers, who oppose the action realizing that it will greatly increase
their taxes, without any benefit accruing or necessity existing for such
division. The greater portion, of the territory within the proposed county
does not wish to be so included. This territory is the wheat-producing
belt of Umatilla county and is adjacent to the towns of Weston, Athena,
Helix, Adam.s and Pendleton, and practically all of the farmers and the
townsmen in these towns oppose the division. The people of Weston
and Athena, both of which towns are included in the new county, oppose
the division and have expressed bitter opposition to Orchard county
through their newspapers, their city officials and by utterances on the
part of the leading business men.
The creation of Orchard county would be unjust, in that it would work
great inconvenience upon them, and would greatly increase their taxation.
The Orchard county lines are "gerrymandered" with the view of includ-
ing all possible railroad mileage and with a view of making Milton a
perpetual county seat. The proposed county includes Wenaha Springs,
a summer resort particularly patronized by Pendleton citizens, and which
is essentially a Pendleton establishment.
Against Umatilla county the divisionists have no just complaint. The
county is free from debt and has an assessed valuation that makes good
roads, steel bridges and other improvements possible, without making the
taxes burdensome. At present the tax levy for State and county pur-
poses is 3-34 /60 mills. The levy for county purposes is but 1.78 mills.
The county has been liberal in making improvements in the section com-
prising the proposed new county. At this time the following county
officers are from that section: One Representative, one Commissioner,
Sheriff, Clerk, Assessor, Treasurer, School Superintendent and Road
Master. That section has always been accorded ample political recog-
nition.
Pendleton, the county seat of Umatilla county, is located in the geo-
graphical center of the county. It is the commercial, educational and
social center of the county. It is connected with every section of the
county, including the towns in the proposed new county, by daily railway
service. Twenty-two passenger trains arrive and depart from the city,
giving convenient service with every section of the county, and especially
with the section of the county proposed to be included as Orchard county.
The adoption of the Orchard county bill would be of benefit to a few
in the town of Milton, who have selfish interests alone at stake. It would
be injurious, unjust and entirely unnecessary to the many. Vote it down!
Respectfully,
(Signed by Nine Citizens Above Who Present the Argument.)
96 Pamphlet Containing Measures to be
A BILL
to be submitted to the legal electors of the state op
Oregon for their approval or rejection
AT THE
REGULAR GENERAL ELECTION
TO BE HELD
On THE Eighth Day of November, 1910,
To propose by initiative petition a law creating the County of Clark,
fixing the salaries of its officers and providing
for its organization
By initiative petition filed in the office of the Secretary of State, June
23, 1910, in accordance with the provisions of Chapter 226,
General Laws of Oregon, 1907-
Printed in pursuance of Section 8 of Chapter 226, Laws of 1907. .
Secretary of State.
Th« following is the form and number in which the question will she
submitted on the official ballot:
PROPOSED BY initiative PETITION
A bill for an act to create the County of Clark out of
the northern portion of Grant county, Oregon; pro-
viding for its organization; fixing the salaries of
the officers thereof; and for adjustment of finances
between the two counties. Vote YES or NO.
S34. Yes.
»35. No.
Submitted to Voters of Oregon November 8, 1910 97
[On Official Ballot, Nos. 334 imd 335.]
A BILL
To propose by initiative petition a law creating the County of Clark,
fixing the salaries of its officers and providing for its organization.
Be it Enacted by the People of the State of Oregon :
Section 1. That all of that portion of northern Grant county, Oregon,
embraced within the following boundary lines be and the same is hereby
created and organized into a separate county by the name of Clark, to-wit:
Beginning on the west boundary line of Grant county at the south-
west corner of township 11 south, range 26 E., W. M.; thence east
along the township line between townships 11 and 12 to the southwest
comer of township 11 south of range 29 E., W. M.; thence south along
township line to the southwest corner of section 7, township 12 south
oi" range 29 E., W. M. ; thence east following section lines across town-
ship 12, range 29, and on to the southeast corner of section 8, township
12 south of range 30 E., W. M.; thence north along section line to the
northeast corner of section 32, township 11 south of range 30 E., W. M.;
thence east following section line to the northwest corner of section 31,
township 11 south of range 32 E., W. M.; thence south to the southwest
corner of section 31, township 11 south of range 32 E., W. M.; thence
east along township line to the southeast corner of township 11 south of
range 32 E., W. M.; thence north along township line to the southwest
corner of section 7, township 11 south of range 33 E., W. M.; thence
east along section lines to the southeast corner of section 12, township
11 south of range 33 E-, W. M.; thence north following range line be-
tween ranges 33 and 34 E., W. M., to the north boundary line of Grant
county; thence west following the north boundary line of Grant county
to the northwest corner of Grant county; thence south following the west
boundary line of Grant county to the place of beginning.
Sec. 2. That the territory embraced within said boundary lines shall
compose a county for all civil and military purposes and shall be subject
10 the same laws and restrictions and be entitled to elect the same officers
as other counties of this State; provided, that it shall be the duty of
the Governor, as soon as it shall be convenient after this law shall have
gone into effect, to appoint for Clark county, and from its citizens, the
several county officers allowed by law to other counties in this State,
which said officers, when duly qualified according to law, shall be en-
titled to hold their respective offices until their respective successors
shall have been duly elected at the general election of 1912, and are
duly qualified according to law.
Sec. 3. The temporary county seat of Clark county shall be located
at Long Creek, in said county, until a permanent location shall have been
adopted. At the next general election the question shall be submitted
to the legal voters of said county, and the place, if any, which shall
4—
98 Pamphlet Containing Measures to be
receive a majority of all the votes cast at sdid election upon said ques-
tion, shall be the permanent county seat of said county. But if no place
shall receive a majority of all the votes so cast, the question shall again
be submitted to the legal voters of said county at the next general
election, but between the two points having the highest number of votes
at said first election, and the place receiving the highest number of votes
so cast at such election shall be the permanent county seat of said county.
Sec. 4. Said County of Clark shall, for representative purposes, be
annexed to the Twenty-first Representative District, and for senatorial
purposes said county shall be annexed to the Twenty-second Senatorial
District.
Sec. 5. The county clerk of Grant county shall within thirty days
after this law shall have gone into operation, make out and deliver to
the county clerk of Clark county, a transcript of all taxes assessed upon
all persons and property within said Clark county, which were pre-
viously included within the limits of Grant county, and all taxes which
shall remain unpaid upon the day this act shall become a law, shall be
paid to the proper officer of Clark county. The county clerk of Grant
county shall also make out and deliver to the county clerk of Clark
county, within the time above limited, a transcript of all cases pending
in the circuit and county courts of Grant county, between parties resid-
ing in or concerning property located in Clark county, and transfer
all original papers and pleadings in such cases to the clerk of Clark
county, and all such cases shall be tried in said Clark county.
Sec. 6. There shall be a session of the county court of Clark county
for the transaction of county business held at the county seat on the
first Wednesday in January, April, July and October of each year.
Sec. 7. The said County of Clark is hereby attached to the Ninth
Judicial District for judicial purposes, and the terms of the circuit cQurt
for said county shall be held at the county seat of said county, on the
second Monday in June and December of each year.
Sec. 8. Until otherwise provided by law, the county judge of Clark
county shall receive an annual salary of $600; the county clerk of said
county shall receive an annual salary of $1200; the sheriff of said
county shall receive an annual salary of $1600; the treasurer of said
county shall receive an annual salary of $400; the assessor of said
county shall receive an annual salary of $600; the county school super-
intendent of said county shall receive an annual salary of $400; and
the county commissioners of said county shall receive the sum of $3.00
per day each, for the time actually engaged in the transaction of county
business. The county court of Clark county shall appoint the stock
inspector and fix his salary.
Sec. 0. The law relating to trespass of sheep and other animals shall
be the same throughout Clark county as now maintains in Grant county.
Sec. 10. The county court of Clark county shall let by contract to
the lowest responsible and efficient bidder the work of transcribing all
records of Grant county, affecting real estate situate in Clark county.
Submitted to Voters of Oregon November 8, 1910 99
and when completed they shall be examined and certified to by the county
clerk of Clark county, and shall thereafter be recognized and acknowl-
edged as the official records of Clark county; provided, the county clerk
of said Clark county shall be allowed to bid upon such work.
Sec. 11. It shall be the duty of the county school superintendent of
Grant county within thirty days after the appointment of a county
school superintendent for Clark county, to make out and forward to said
school superintendent of Clark county, a true and correct transcript or
abstract of the annual reports of the clerks of the various school dis-
tricts embraced within the County of Clark. The commissioners herein-
after named and appointed to adjust the property and financial interests
of Grant and Clark counties shall, at the same time ascertain what, if
any, sum or sums of money belonging to the school fund is in the hands
of the treasurer of Grant county which should be paid to Clark county,
and said sum or sums, if any, shall be paid to Clark county within thirty
days after such award.
Sec- 12. The county treasurer of Clark county shall, not later than
October 15, 1911, pay over to the treasurer of Grant county the full
amount of State tax of the assessment of 1910, due from citizens of
Clark county.
Sec. 13. The treasurer of Clark county shall, within one year after
its organization by the appointment of its officers, as hereinbefore pro-
vided, assume and pay to Grant county, a pro rata proportion of the
remaining indebtedness, if any, of said Grant county, after deducting
therefrom the amount of money that has been collected in taxes from
the territory taken from said Grant county, if any, and expended by
Grant county for public buildings or other property; provided, that if,
when this law goes into effect, there is no indebtedness of said Grant
county, then Clark county shall be entitled to credit and said Grant
county shall pay to Clark county the amount of money that has been
collected in taxes from the territory taken from said county by this law,
and included in the County of Clark, and expended by said Grant county,
if any, for public buildings and other property; provided, further, that
if, when this law takes effect, and after the payment of all indebtedness
and expenses of Grant county, up to that time, there shall be a balance
of money in the hands of the treasurer of said Gi'ant county, then, and
in that event, the county treasurer of Grant county shall, within thirty
days after this law takes effect, or within thirty days after the amount
thereof shall have been determined by the commissioners hereinafter
appointed, pay to the treasurer of Clark county such proportion of the
balance so in the hands of the treasurer of Grant county, after the
payment of the indebtedness and expenses aforesaid, as the total value
of the property in Clark county taken from said county by this law
bears to the total value of property in said Grant county, and according
to the assessment of 1910.
Sec. 14. The county judges of Grant and Clark counties and Charles
A. Coe, of Long Creek, Oregon, are hereby appointed a board of com;
100 Pamphlet Containing Measures to be
missioners to determine the value of the county buildings and other
property in Grant county; the amount of indebtedness, if any, to be
assumed by Clark county, and be paid to Grant county, and the amount
of money that may be due from Grant county to the County of Clark,
under the terms of Section 13 of this law. Said board shall meet at the
county seat of Grant county within thii-ty days after this law takes
effect, and thereupon determine said matters.
Sec. 15. After taking and subscribing an oath to faithfully discharge
their duties, said board shall proceed with such work, and when it is
completed shall file reports of their conclusions, in duplicate, with the
clerks of Grant and Clark counties. In case of a vacancy in said board,
the same shall be filled by the appointment of some suitable person or
persons by the Governor of the State.
Sec. 16. Within thirty days after the filing of such reports, either
county may appeal from the decision of said board to the circuit court
of Grant county by serving notice of appeal upon the clerk of the other
county interested. Upon perfecting the issue in such circuit court,
either county may demand a change of venue to any other county in
the Ninth Judicial District, or other circuit court of the State of Oregon,
for any county which may be agreed upon by said counties, or in the
event of a disagreement, to any county which may be designated by the
judge of the court where said proceeding is pending. The trial may be
by jury, and the judgment rendei'ed may be enforced as other judgments
against counties. If the county appealing fails to recover a more favor-
able judgment than the finding of the board appealed from by at least
$500, it shall pay the costs of the appeal. If no appeal be taken by
either party, within the thirty days above provided, the findings of said
board shall be final and conclusive. The members of said board shall
receive the sum of $3. 00 per day for each day actually employed, and
the same mileage as a witness in the circuit court. The expenses incu^rred
by the above mentioned board shall be borne equally by the two counties
interested.
Submitted to Voters of Oregon November 8, 1910 101
ARGUMENT
(affirmative)
SUBMITTED BY
CLARK COUNTY COMMITTEE
in favor of the measure designated on the official ballot as follows:
PROPOSED BY initiative PETITION
A bill for an act to create the County of Clark out of
the northern portion of Grant county, Oregon; pro-
viding for its organization; fixing the salaries of
the officers thereof; and for adjustment of finances
between the two counties.
Vote YES or NO.
334. Yes.
335. No.
ARGUMENT SUBMITTED BY CLARK COUNTY COMMITTEE
in favor of initiative bill for the creation of Clai'k county.
This bill is submitted under the initiative because there is no general
law for the creation of counties. The facts as to area, population and
assessed valuations submitted herewith, show, as we believe, that we
are able to maintain a county government. Out of a population of about
2600 the desire for the creation of a new county for the middle fork of
the John Day River country in northern Grant is earnest and has existed
for years; objections heretofore to dividing Grant county and the creation
of a new county of the northern portion, was "wait until such time as
the county shall get out of debt"; that time has come and the objection
eliminated. We are assured by leading citizens of Canyon City, Prairie
City, John Day, and other portions of Grant county that they have no
objections to the creation of Clark county as proposed in this bill, they
having signed the petition asking that it be submitted to a vote at the
regular general election to be held on the 8th day of November, 1910.
This bill has as nearly the unanimous support of the citizens of the pro-
posed new county as it is possible for a measure of this kind to have.
Some of the large sheep men in the western portion oppose it, and they,
as a rule, are opposed to any measure that tends to the development and
settlement of the country, and should any organized opposition arise it
will be through their directions.
Grant county is one of the large counties of the State, having an area
of about 4762 square miles; Canyon City, the county seat, is located
south of the center of the county; citizens residing in the extreme north-
west part of the county have to travel about seventy miles over rough
102 Pamphlet Containing Measures to be
roads and a mountain range to reach the county seat, and three to four
days' time taken for the trip besides the expenses, which puts them to
a great inconvenience. The dividing line for the proposed Clark county
is along the mountain range between the main John Day river and the
middle fork, the watersheds of the middle fork of the John Day river
and its tributaries being in the proposed county of Clark, and the tem-
porary county seat named in the bill is centrally located, and a citizen
residing in the remotest part of the county can reach the county seat
within a distance of thirty-five miles, which will be a great convenience
as well as a benefit in time and expenses saved in going to the county
seat on any kind of business.
The territoi-y in the proposed county of Clark is all taken from Grant
county, and its area is about 1428 square miles; has a population of
about 2615; has twenty-two school houses, several of which are graded
schools; an assessed valuation for the year 1909 of $1,964,987.
Therefore the people of that portion of northern Grant county com-
prising the territory of the proposed Clark county ask favorable con-
sideration of the voters of the State upon this bill for these, among other,
reasons:
Because the new county will be a great convenience and benefit to the
people residing therein and will facilitate the transaction of their county
business.
Because the people of Canyon City and the balance of Grant county,
we are informed and believe, are willing that Clark county may be
created as provided in this bill.
Because the people within the proposed new county believing that the
smaller county and nearer home government the cheaper; that taxation
can better be kept down to a minimum; that more and better highways
are possible; that gi-eater development of the country can be attained
by the creation of Clark county; that a large community would be ren-
dered more effective in the increasing of the population, in enhancing
taxable valuations, and in the making of a gi-eater Oregon.
The assessed valuation of property in the proposed county of Clark in
1906 was $997,687, in 1909 was $1,964,987, showing an average gain of
33 per cent per year for the past three years.
There will be left in Grant county after Clark county is created an
area of about 3324 square miles; a population of about 4675, and an
assessed valuation of $2,766,207 for the year 1909, which still leaves it
among the large and strong counties of the State. The tax levy of the
1909 valuation is 16 mills, which would raise in the proposed Clark
tounty $31,439.80, which is ample to pay the expenses of operatiag Clark
county and leave a substantial balance.
Respectfully submitted,
CLARK COUNTY COMMITTEE.
By Chas, W. Conger, Chairman.
By Chas A. Coe, Secretary.
Submitted to Voters of Oregon November 8, 1910 103
A BILL
To be submitted to the legal electors of the State of
Oregon for their approval or rejection
AT THE
REGULAR GENERAL ELECTION
TO BE HELD
On the Eighth Day of November, 1910,
To propose by initiative petition a law to provide for the parmanent
support and maintenance of the "Eastern Oregon State Normal
School at Weston, Umatilla County, Oregon"
By initiative petition filed in the office of the Secretary of State, June
24, 1910, in accordance with the provisions of Chapter 226,
General Laws of Oregon, 1907.
Printed in pursuance of Section 8 of Chapter 226, Laws of 1907.
Secretary of State.
The following is the form and number in which the question will be
submitted on the official ballot:
PROPOSED BY initiative PETITION
A. bill for a law providing for the permanent support
and maintenance of the Eastern Oregon State Nor-
mal School at Weston, Umatilla county, Oregon,
by levying an annual tax of one-twenty-fifth of a
mill on the dollar upon all the taxable property
within the State of Oregon. Vote YES or NO.
336. Yes.
337. No.
104 Pamphlet Containing Measures to be
[On Official Ballot, Nos. 336 and 337.]
A BILL
To propose by initiative petition a law to provide for the peraianent
support and maintenance of the "Eastern Oregon State Normal School
at Weston, Umatilla County, Oregon."
Be it Enacted by the People of the State of Oregon:
Section 1. For the support and maintenance of the "Eastern Oregon
State Normal School at Weston, Umatilla County, Oregon," for the pay-
ment of salaries of its teachers and employees; to keep the buildings,
grounds and other property thereof in repair; for the purchase of addi-
tional land for the campus thereof, or otherwise if necessary; for the
purchase of library books, laboratory supplies and apparatus and for
the payment of necessary incidental expenses, there is hereby levied
annually a tax of one-twenty-fifth of a mill on the dollar upon all the
taxable property within the State of Oregon. Such tax shall be levied
and collected annually as other taxes are levied and collected, and the
fund arising therefrom shall be paid into the State treasury and kept
separate and apart from other funds, and shall be known as the "Eastern
Oregon State Normal School Fund," and shall be paid out only on war-
rants drawn by the Secretary of State on the State Treasurer against
said fund, and under the supervision and direction of the board of regents
and their successors in office. If any portion of said fund shall not
be used during any fiscal year, the balance remaining shall be carried
over until the next year and added to the fund for that year, and the
Secretary of State is authorized and directed to audit and allow all
claims payable out of such fund.
Section 2. The "Eastern Oregon State Normal School at Weston,
Umatilla County, Oregon," shall be controlled, managed and maintained
by a board of regents and their successors in office, appointed by and
with the authority conferred upon them pursuant to Chapter 189 of the
General Laws of Oregon, filed in the office of the Secretary of State on
February 25, 1907.
Submitted to Voters of Oregon November 8, 1910 105
ARGUMENT
SUBMITTED BY
E. 0. S. N. S. CAMPAIGN COMMITTEE
in favor of the measure designated on the official ballot as follows:
PROPOSED BY INITIATIVE PETITION
A bill for a law providing for the permanent support and
maintenance of the Eas-tern Oregon State Normal School
at Weston, Umatilla county, Oregon, by levying an annual
tax of one-twenty-fifth of a mill on the dollar upon all
the taxable property within the State of Oregon. Vote YES or NO.
Yes.
337. No.
AN APPEAL IN BEHALF OF THE EASTERN OREGON STATE
NORMAL SCHOOL.
To the Voters of Oregon:
We submit to you that Eastern Oregon embraces more than half of
the territory of the State and pays a large share of its taxes, yet has
no educational insftution supported by the State. We ask that justice
be done by the re-establishment of the Eastern Oregon State Normal
School through your votes in November. To do so will entail an annual
tax of but one-twenty-fifth of a mill, which means that the man who
pays taxes on $10,000 annually will pay exactly 40 cents each year for
the support of this school.
This school has a State plant now idle valued at $75,000, which if
not utilized becomes a total loss to the commonwealth. It is located in
a beautiful and healthful region, easy of access from the centers of
population in Eastern Oregon. It has never been a "local school"; and
out of an enrollment of 275 normal students during the bi-ennial period
1907-08, but 19 per cent came from Umatilla county, while the remainder
represented seventeen other Oregon counties. Its loss is felt, as the
supply of teachers is now inadequate in this part of the State. Many
of its former students, and other young people of Oregon, have gone
to Washington and Idaho normals.
We submit further that by reason of its growing population and
physical divisions, Oregon needs more than one Normal School. It
needs at least three. Alabama supports seven, Arizona two, Arkansas
two, California five, Colorado one, Connecticut five, District of Columbia
two, Florida one, Georgia three, Idaho two, Illinois six, Indiana two,
Iowa two, Kansas three, Kentucky four, Louisiana two, Maine seven,
Maryland four, Massachusetts twelve, Michigan five, Minnesota six,
Mississippi three, Missouri seven, Montana one, Nebraska two. New
Hampshire one, New Jersey five. New Mexico two, New York eighteen,
North Carolina six. North Dakota two, Ohio seven, Oklahoma four, Penn-
sylvania seventeen, Rhode Island one, South Carolina two. South Dakota
four, Tennessee one, Texas three, Utah one, Vermont three, Virginia
three, Washington three. West Virginia seven, Wisconsin thirteen. Ore-
gon at present is one of three states that have no Normal Schools.
The passage of this bill will place the Eastern Oregon State Normal
School on a permanent and satisfactory basis, obviate the feeling of
insecurity from which it formerly suffered, and remove it altogether
fi*om the sphere of Oregon politics.
E. O. S. N. S. CAMPAIGN COMMITTEE.
Clark Wood, Secretary. O. C. Turner, Chairman.
106 Pamphlet Containing Measures to be
A BILL
To BE submitted to the legal electors of the State of
Oregon for their approval or rejection
AT THE
REGULAR GENERAL ELECTION
TO BE HELD
On the Eighth Day of November, 1910,
To propose by initiative petition, a law to detach certain territory from
the County of Washington, in the State of Oregon, and annex the
same to the County of Multnomah, in the State of Oregon,
and to provide for a transcript of the records of said
County of Washington insofar as they affect the real
property in the territory so detached
and annexed.
By initiative petition filed in the office of the Secretary of State, June
30, 1910, in accordance with the provisions of Chapter 226,
General LaSvs of Oregon, 1907.
Printed in pursuance of Section 8 of Chapter 226, Laws of 1907.
Secretary of State.
The following is the form and number in which the question wHl be
printed on the official ballot:
PROPOSED BY INITIATIVE PETITION
A bill for a law to annex a portion of the territory in
the eastern part of Washington county, Oregon, to
Multnomah county, Oregon, and providing for a tran-
script of the records of the territory annexed to be
made and recorded in Multnomah county. Vote YES or NO.
338. Yes.
339. No.
Submitted to Voters of Oregon November 8, 1910 107
[On Official Ballot, Nos. 338 and 339.]
A BILL
To propose by initiative petition, a law to detach certain territory from
the County of Washington, in the State of Oregon, and annex the same
to the County of Multnomah, in the State of Oregon, and to provide
for a transcript of the records of said County of Washington insofar
as they affect the real property in the territory so detached and
annexed.
Be it Enacted by the People of the State of Oregon:
Section 1. That all of that portion of the County of Washington in
the State of Oregon situated and lying east of a line, commencing at
the northwest corner of section numbered one (1) in township one (1)
north of range two (2) west of the Willamette Meridian, and running
thence south following the section lines to the southwest comer of section
numbered twelve (12) in township three (3) south of range two (2)
west of the Willamette Meridian, be,, and the same hereby is, detached
from the County of Washington in the State of Oregon, and annexed to
and made a part of the County of Multnomah in the State of Oregon.
All laws and parts of laws in conflict with this bill are hereby repealed.
Section 2. The county court of Multnomah county, Oregon, shall,
within one year after this bill becomes a law, procure or cause to be
procured, a transcript or copy of the records of the County of Washing-
ton in the State of Oregon, affecting the title to all the real property
situated in the terrritory described in Section 1 of this bill; said tran-
script or copy to be duly attested or certified to, by some person to be
appointed by the said county court of the County of Multnomah in the
State of Oregon, and deliver such copy or transcript, attested or certified
to, as aforesaid, to the county clerk of Multnomah county, Oregon, and
thereafter sai3 transcript or copy shall be recognized as, and become a
part of, the official records of said County of Multnomah in the State
of Oregon.
108 Pamphlet Containing Measures to be
ARGUMENT
(negative)
SUBMITTED BY
DR. W. D. WOOD, E. I. KURATLI, FEED GRONER, B. P. COR-
NELIUS, W. V. WILEY, W. N. BARRETT, W. G. HARE, T. H.
TONGUE, Jr., J. W. GOODIN, DR. A. B. BAILEY, DR. J. P.
TAMIESIE, and BENTON BOWMAN,
opposing the measure designated on the official ballot, as follows:
PROPOSED BY INITIATIVE PETITION
bill for a law to annex a portion of the territory in the
eastern part of Washington county, Ore'gon, to Multnomah
county, Oregon, and providing for a transcript of the
i-ecords of the territory annexed to be made and recorded
in Multnomah coifnty. Vote Y'ES or NO.
338. Yes.
339. No.
ARGUMENT AGAINST THE FOREGOING BILL.
This bill is filed without an affirmative argument, and probably none
can be justly made therefor. Multnomah county was created in 1854,
partly from Washington county, and the boundary line between said
counties was established, as near as practicable, on the crest of a range
of hills, a natural division, and no reason now exists for changing it.
Washington county contains 730 sections, and is one of the smaller
counties of the State. This bill proposes to cut a strip seven miles wide,
containing 112 square miles, off the east side of it, taking nearly half
the railroad mileage of the county, about one-fifth of its voters, and
about four million dollars assessed valuation. Much of the remaining
area is rough, unsettled mountain land.
This change would bring the Multnomah county line to within 4.9
miles of the court house at Hillsboro, and would cut off Clackamas from
Washington county and thus divide the Fifth Judicial District, leaviitg
the residence of the circuit judge outside of the district.
No provision is made for reimbursing Washington county for assessing
this .strip for 1910, or for collecting the taxes thereon for that year.
Neither does it provide for transferring the school records, ©r cases
pending in court, and great confusion would arise in these matters.
Less than one-third of the legal voters residing in said strip signed
the initiative petitions, and some of whom are now against its passage,
and less than 10 per cent of all the voters of this county signed the
same. Ninety per cent of the signatures were procured in Multnomah
county, most of them presumably at a stipulated price per name, a great
majority of the signers having no interest whatever in the measure.
As the people in this area will be no nearer to Portland by this change,
and as the voters of Washington county, outside of this strip, are prac-
tically unanimous against it, and quite a large per cent of those within
the district are also opposing it, and as it will be a great injustice to
the county, without material benefit to any one, we urge the voters of
the State to vote NO on the proposition.
Signed by the Citizens Above, Who Submit the Argument.
Submitted to Voters of Oregon November 8, 1910 109
A BILL
To be submitted to the legal electors of the State of
Oregon for their approval or rejection
AT THE
REGULAR general ELECTION
TO BE HELD
On the Eighth Day of November, 1910, "
To propose by initiative petition a law to provide for the permanent
support and maintenance of the "Southern Oregon State Normal
Schocl" at Ashland, Jackson county, Oregon; with a provision
limiting instruction therein to courses promoting effi-
ciency in the art of teaching in the public
schools of Oregon.
By initiative petition filed in the office of the Secretary of State, July 1,
1910, in accordance with the provisions of Chapter 226,
General Laws of Oregon, 1907.
Printed in pursuance of Section 8 of Chapter 226, Laws of 1^07.
Secretary of State.
The following is the form and number in which the question will be
submitted on the official ballot :
PROPOSED BY INITIATIVE PETITION
A bill for a law providing for the permanent support
and maintenance of the Southern Oregon State
NoiTnal School at Ashland, Jackson county, Oregon,
by levying one-twenty-fifth of a mill on the dollar on
all taxable property in the State of Oregon therefor,
and limiting instruction therein to those subjects
promoting efficiency in the art of teaching. Vote YES or NO-
340. Yes.
341. No.
110 Pamphlet Containing Measures to be
[On Official Ballot, Nos. 340 and 341.]
A BILL
To propose by initiative petition a law to provide for the permanent
support and maintenance of the "Southern Oregon State Normal
School" at Ashland, Jackson county, Oregon; with a provision limiting
instruction therein to courses promoting efficiency in the art of teach-
ing in the public schools of Oregon.
Be it Enacted by the People of the State of Oregon:
Section 1. For the support and maintenance of the "Southern Oregon
State Normal School" at Ashland, Jackson county, Oregon; for the pay-
ment of salaries of its teachers and employees; to keep the buildings,
grounds and other property thereof in repair; for the purchase of addi-
tional land for the campus thereof, if necessary; for the construction of
buildings and additions to the same, so far as is necessary; for the
purchase of library books, laboratory supplies and appai'atus, and for
the payment of necessary incidental expenses, there is hereby levied an
annual tax of one-twenty-fifth of a mill on the dollar upon all taxable
property within the State of Oregon. Such tax shall be levied annually
and collected as other taxes are levied and collected, and the fund arising
therefrom shall be paid into the State treasury and kept separate and
apart from other funds, and shall be known as the "Southern Oregon
State Normal School Fund," and shall be paid out only on warrants
drawn by the Secretary of State on the State Treasurer against said
fund, and under the supervision and direction of the board of regents
and their successors in office. If any portion of said fund shall not
be used during the fiscal year the balance remaining shall be carried
over until the next year and added to the fund for that year, and the
Secretary of State is authorized and directed to audit and allow all
claims otherwise payable out of such fund, regardless of the date when
contracted, but no claim or indebtedness incurred by or on behalf of
said school prior to the passage of this act shall ever be paid out of the
fund hereby created.
Section 2. "The Southern Oregon State Normal School," at Ashland,
Jackson county, Oregon, shall be controlled, managed and maintained
by a board of regents and their successors in office, appointed by and
with the authority conferred upon them pursuant to Chapter 189 of
the General Laws of Oregon, filed in the office of the Secretary of State
on February 25, 1907.
Section 3. Said board of regents in prescribing the course of study
to be pursued in said school shall limit the subjects to be taught to those
promoting efficiency in the art of teaching in the public schcools of
Oregon; and shall provide that the requirements for admission to said
school shall at the opening of the school year in 1911 be at least a
preparation equivalent to the completion of the tenth grade of the public
school system.
Submitted to Voters of Oregon November 8, 1910 111
ARGUMENT
(affirmative)
SUBMITTED IBY
ALUMNI COMMITTEE OF S. 0. NORMAL SCHOOL
in favor of the measure designated on the official ballot, as follows:
PROPOSED BY INITIATIVE PETITION
bill for a law providing for the permanent support and
maintenance of the Southern Oregon State Normal School
at Ashland, Jackson county, Oregon, by levying one-
twenty-fifth of a mill on the dollar on all taxable property
in the State of Oregon therefor, and limiting instruction
therein to those subjects promoting efficiency in the art
of teaching. Vote YES or NO.
340. Yes.
341. No.
ARGUMENT IN SUPPORT OF THE BILL APPROPRIATING 1-25
OF A MILL FOR THE SUPPORT OF THE SOUTHERN OREGON
STATE NORMAL SCHOOL, LOCATED AT ASHLAND, IN JACK-
SON COUNTY, OREGON.
The first duty of the State is to educate its children. Time and
experience have settled upon the public school as the best known instru-
ment to that end. Schools are good, or otherwise, according to the
teachers who preside over them; "like teacher, like school," is an axiom.
How to supply an adequate number of efficient teachers for our public
schools is the one paramount question at every stage of our national
growth. Hence, the constant demand for Normal Schools. All must
agree that however well equipped in buildings and apparatus a school
may be, it will be a failure if in charge of an inefficient teacher. A
bare log school house equipped with only rude benches affords an ideal
school, if an ideal teacher graces its rude environment. The millions
of dollars annually expended on our public schools are made doubly
operative by expending other hundreds in training teachers.
For twenty years, Oregon recognized the Normal School idea and in
1909, Oregon compared quite favorably with other western states. The
attendance in the Oregon Normal Schools in 1909 was 775; in Idaho 211;
m Washington 793. The Oregon normals were in 1907 placed under
the control of one board of regents and the standard of their work care-
fully fixed by comparison with the best schools in the country. In
February of 1909, appropriations for our Normal Schools were discon-
tinued by the legislature and fifty-one teachers then in the employ of
these schools were left at mid-year entirely without support; 775 stu-
der«ts who had paid their tuition to the State of Oregon for the full year
were asking for a fulfillment of the contract, but were denied. It is
not the purpose of this article to criticise the legislature of 1909, but
-« 1 ■•'
12 Pamphlet Containing Measures to be
to say that calmer and more mature deliberation would never have left
the State's contracts unfulfilled — thus in the middle of the school year
depriving these 775 students of their just dues and withdrawing all
support from every member of the normal faculties which the State had
hii'ed for the full school year. Could there be found in all the great
State of Oregon, a farmer with so little sense of honor as to dismiss a
"hired man" when the contract time was only half expired? Or could
there be found a faithful, hard-working man who would submit to such
dismissal? The fact that the noble normal teachei's, with slight aid from
the communities in which the schools were located, remained at their
post until the close of the year, saved the honor of the State.
The avei'age number of students in the Southern Oregon Normal
School in the last five years of its life (exclusive of training department)
was 205; the avei-age number of graduates was twenty-five; the average
cost to the State of a year's training of the normal student in this school
has always been less than $100.00 per student; this is much less than in
cither the University of Oregon or the Agricultural College, and is below
the average in the other Normal Schools of the country. During the
ten years in which this school was receiving State support there were
graduated 200 normal students who have been absorbed by the public
schools of Oregon; almost without exception, these teachers have "made
good" and are still "making good" and have done the State a real service
in exchange for the meagre sums appropriated for their training. In
addition to these graduates, a large number of the students who have
attended the school for one or more teiTns but have not graduated, have
been teaching in Oregon schools. Were the Southei-n Oregon Normal
School again placed on its feet and supported in a manner approved by
the policy of other states it would prove a powerful factor in the
upbuilding of our commonwealth. x
At present, the State owns at Ashland, a Normal School plant worth
not less than $60,000.0(7. Heating plant, dormitories, apparatus, library,
campus grounds and two good classroom buildings all stand there idle.
The great States of Massachusetts, New York, Pennsylvania and
Wisconsin have from twelve to seventeen Normal Schools each; Maine,
Connecticut, Minnesota, Ohio, Missouri, California, New Jersey, West
Virginia. Illinois and Michigan have from five to seven Normal Schools
each. Few states have but one normal. Iowa and Kansas, long cited
by the advocates of the one school idea, have now established additional
Normal Schools. Educators agree that numerous Normal Schools lo-
cated in different parts of the State, fumish the best opportunity for
the successful training of teachers. They also agree that the highest
efficiency in the Normal School is reached with an institution of from
200 to 300 attendance, graduating annually from twenty-five to fifty
students. In such a school the facilities for training school practice are
at their best. The president of a large central Normal School admitted
in 1905 that the average senior in his school had but a mere glance
into the training school on account of the large number of teachers at
Submitted to Voters of Oregon November 8, 1910 113
practice. This training school work is the very essence of normal edu-
cation and the large Normal School is weak by its very nature.
A Normal School gathers its material from adjacent territory which
in turn absorbs the product into its public school teaching force. This
is why Iowa and Kansas have discarded the old one-school idea. No
State in the Union has ever deci*eased the number of Normal Schools,
save Oregon. An average of twelve counties of the State were repre-
sented each year in the school enrollment; it may be seen, therefore,
that this school is truly a Southern Oregon school and not a local
institution, for it has supplied a large third of the State with a teacher
training center. The Southern Oregon Normal School has never been
used as a local High School, and never will be- The city of Ashland
has from pioneer times been known as the educational center of Southern
Oregon; it had the first High School in the State outside of Portland;
at present this High School is equipped with a $30,000.00 building, and
bonds have already been voted for the erection of a larger and more
commodious building.
Geographically, Oregon needs more than one Normal School. Southern
Oregon is far removed from the other educational institutions of the
State, and it is a territory which is rapidly developing in population and
economic resources. Befoi'e the Normal School was established in
Southern Oregon, the young people of this section looked toward the
California Normal Schools for opportunity and for college preparation,
and Belmont and Chico enrolled scores of young men and women who
have graduated from these schools and entered California universities
or engaged in teaching in California public schools, thus giving their
lives to the State that gave them opportunity. The Southern Oregon
Normal School, during its existence, has stayed this outgoing tide;
young men and women have centered their interest in this school, and
from it they have gone forth equipped for service and are giving their
lives to Oregon instead.
The Southern Oregon Normal School will not prove a burden on the
taxpayer; the amount asked for approximates only $25,000 per year.
By the terms of this proposed bill, a man paying taxes on $10,000.00
would contribute 40 cents toward the Normal School of Southern Oregon.
Since Normal Schools are a part of the educational policy of all other
States, and are absolutely essential to the upbuilding of our public school
system; since the weight of authority favors several Normal Schools in
the State; since geography and transportation facilities segregate South-
ern Oregon as an economic and educational center; since the Southern
Oregon Normal School with scant aid, has performed a good work and
through adversity has demonstrated its worthiness; and since our State
is entering upon an epoch of large growth and development, in which
Southern Oregon largely shares — we ask the people of the State of
Oregon in the November election of 1910, to re-open the Southern Oregon
State Normal School for the training of teachers for our public schools.
ALUMNI COMMITTEE OF S. 0. NORMAL SCHOOL.
By J. P. Wells, Jacksonville; C. Stanley Wood, Klamath Falls;
Worth Harvey, Cottage Grove. ^
114 Pamphlet Containing Measures to be
AN AMENDMENT
TO THE
constitution of the state of oregon
to be submitted to the legal electors of the state of
Oregon for their approval or rejection
AT THE
regular general election
TO BE HELD
On the Eighth Day of November, 1910,
TO AMEND
Section 35 of Article I
By initiative petition filed in the office of the Secretaiy of State, July 2,
1910, in accordance with the provisions of Chapter 226,
General Laws of Oregon, 1907.
Printed in pursuance of Section 8 of Chapter 226, Laws of 1907-
Secretary of State.
The following is the form and number in which the question will be
printed on the official ballot:
proposed by initiative petition
An amendment of Section 35 of Article I of the Con-
stitution of Oregon, prohibiting the manufacture
and sale of intoxicating liquor and the traffic
therein within the State of Oregon, on and after the
1st day of July, A. D. 1911, excepting for medicinal,
. scientific, sacramental, and mechanical purpo.ses. Vote YES or NO.
342. Yes.
343. No.
Submitted to Voters of Oregon November 8, 1910 115
[On Official Ballot, Nos. 342 and 343.]
CONSTITUTIONAL AMENDMENT.
Section 35 of Article I of the Constitution of the State of Oregon shall
be, and hereby is, amended to read as follows:
Article I.
Section 35. The manufacture and sale of intoxicating liquor and the
traffic therein is hereby prohibited within the State of Oregon on and
after the first day of July, A. D. 1911, except for medicinal, scientific,
sacramental, and mechanical purposes. The existing laws for procedure
and punishment of unlawful sale, possession or disposal of intoxicating
liquor shall apply to any violation of this section until otherwise provided
by law.
116 Pamphlet Containing Measures to be
ARGUMENT
(affirmative)
SUBMITTED 'BY
OREGON ANTI-SALOON LEAGUE
in favor of the measure designated on the official ballot as follows:
PROPOSED BY INITIATIVE PETITION
An amendment of Section 35 of Article I of the Con-
stitution of Oregon, prohibiting the manufacture and
sale of intoxicating liquor and the traffic therein
■within the State of Oregon, on and after the 1st day
of July, A. D. 1911, excepting for medicinal, scien-
tific, sacramental, and mechanical purposes. Vote YES or NO.
342. Yes.
343. No.
ARGUMENT FOR PROHIBITION AMENDMENT.
WHY PUT PROHIBITION INTO OUR STATE CONSTITUTION?
Because the saloon is a disturber of pviblic peace; its presence fosters
crime and political corruption; and every community in the State would
be better off morally, politically and financially by its banishment. ""
Because, in dealing with recognized crimjs and great public evils
prohibition is the fundamental principle of government, belonging in the
Constitution and should not be left to meie statutory enactment.
Because the efforts of good citizens should be concentrated upon law
enforcement and not divided by ceaseless effoits to prevent legislative
repeals, amendments and vetoes. What goes into the Constitution stands
until the people themselves change it.
Because our present local option law is aimed at the saloon and the
blind pig; but the center of the evil and the instigator of lawlessness is
the organized brewers and wholesale dealers; and the remedy must be
permanent and state-wide.
Hence prohibition should go into the Constitution, and we need a lav/
passed by the people to enforce the amendment, embodying all provisions
of our local option law, made state-wide, and certain additional provisions,
which experience has shown to be needed for adequate enforcement of
State prohibition. Two measures for one purpose; a constitutional
amendment and a bill enacting the enforcing law. Vote Prohibition twice.
OREGON ANTI-SALOON LEAGUE.
Submitted to Voters of Oregon November 8, 1910 117
ARGUMENT
(negative)
, SUBMITTED (BY
GREATER OREGON HOME RULE ASSOCIATION
opposing the measure designated on the official ballot as follows:
PROPOSED BY INITIATIVE PETITION
An amendment of Section 35 of Article I of the Con-
stitution of Oregon, prohibiting the manufacture
and.^aale of intoxicating liquor and the traffic therein
within the State of Oregon, on and after the 1st
day of July, A. D. 1911, excepting for medicinal,
scientific, sacramental, and mechanical -purposes. Vote YES or NO.
342. Yes.
343. No.
ARGUMENT AGAINST PROHIBITION AMENDMENT
SUBMITTED BY
THE GREATER OREGON HOME RULE ASSOCIATION.
Prohibition should not be voted into the Constitution. To do so would
be to ignore all the teachings of experience. Within the past year con- «
tests on this question in Massachusetts, Illinois, Michigan, Wisconsin,
Colorado and Alabama, have resulted in an emphatic and overwhelming
defeat for prohibition. Last November the people of Alabama rejected
a prohibition constitutional amendment by a majority of over 26,000.
The prohibition candidate for Governor was defeated at the primaries
in May, 1910, by about the same majority, and Senator Bankhead, anti-
prohibitionist, received more votes than his two opponnents combined.
The dominant party there now declares for the repeal of prohibition
and the re-enactment of local option. The Chicago farce is fresh in
the minds of everyone, as is the decisive defeat in Denver, where 65
per cent of the women's vote was cast against prohibition. Oklahoma,
where prohibition is now a part of the Constitution, will vote on the
question of issuing licenses, in November or earlier. The people are
fast learning that prohibition is not only a failure, but a costly one.
Forty thousand voters of Oregon have signed a protest against state-
wide prohibition, and more are protesting every day. They say that
the existing local option law permits each community to settle the
question for itself, and that they do not propose to have that privilege
taken away from them.
The Oregon Anti-Saloon League fathered the local option law. They
118 Pamphlet Containing Measures to be
say it is a good law, but they are trying to kill it by state-wide prohibi-
tion. Apparently their salaried officers must agitate the liquor question,
regardless of progress and promises. The well-meaning but credulous
people who support them, in the belief that they are helping the cause
ol' temperance, must pay the bill and meet disappointment in the results
obtained.
Prohibition must be judged by its fruits. In Maine it has been a part
of the Constitution for nearly sixty years. The U. S. census proves
that there are nearly twice as many arrests for drunkenness in propor-
tion to population in Portland, Maine, as in Portland, Oregon. The
same unquestionable authority shows that there are more divorces for
di'unkenness in Maine than in any State of the Union except one! The
average number of divorces for drunkenness in Maine is fully three times
the average for the whole United States. Do we want these conditions
in Oregon?
The remedy for intemperance is education. For abuses in the liquor
traffic, strict and vigorous regulation. All experience shows unmis-
takably that prohibition merely increases intemperance and takes away
control of the traffic. A man who will sell liquor illegally will sell to
anyone, including young boys. The licensed seller who sells to boys loses
his license, and may be sent to prison.
The claim made in the argument for constitutional prohibition, that
it "embodies all provisions of the local option law" is so plainly an untruth
that anyone can see through it instantly. Constitutional state-wide
prohibition robs each community of the right to settle this question itself.
It absolutely kills local option.
Let us insist upon enforcement of the laws we have. Let parents,
teachers and ministers inculcate temperance in the young, by precept
and example. In that way, and not by patching police regulations onto
the Constitution, will we approach a solution of this question.
And let us turn our attention and energies to the development of our
resources, the betterment of our schools, the improvement of our roads,
and the upbuilding of Oregon.
Read the affirmative argument for initiative measure No. 328 and
negative argument for initiative measure No. 344.
Vote "NO" to both prohibition bills.
GREATER OREGON HOME RULE ASSOCIATION.
OFFICERS.
President — Herman Wittenberg,
Vice-Pres. and Mgr. Pac. Coast Biscuit Co.
Vice-President — R. D. Inman,
President Inman-Poulsen Co.
Secretary — R. W. Schmeer,
Cashier U. S. National Bank.
Treasurer — Byron P. Reynolds, farmer.
Submitted to Voters of Oregon November 8, 1910 119
ADVISORY BOARD.
H. Wittenberg.
C. K. Henry, Real Estate.
Alan Welch Smith, Physician.
Geo. W. Hoyt,
Cashier Merchants Nat. Bank.
A. H. Devers,
Pres. Closset & Devers.
J. J. Flynn, Real Estate.
C. A. Whitemore,
Pres. Irwin-Hodson Company.
D. Solis Cohen, Attorney.
PUBLICITY COMMITTEE.
A. L. Mills, Banker.
H. Wittenberg, Manufacturer.
J. Frank Watson, Banker.
Geo. W. Hoyt, Banker.
R. W. Schmeer, Banker.
R. Lea Barnes, Banker.
T. D. Honeyman, Merchant.
H. W. Scott, Editor Oregonian.
E. B. Piper, Mng. Editor Oregonian
Alan W. Smith, Physician.
H. F. McKay, Physician.
Chas. K. Henry, Real Estate.
J. H. Burgard, Insurance.
M. FJeischner,
Wholesale Dry Goods.
H. E. Huggins,
Mgr. Fleischner & Mayer.
G. B. Thomas, Promoter.
Fred B. Eaton, Merchant.
C. W. Hodson, Real Estate.
Dwight Edwards, Merchant.
J. W. Smith, Manufacturer Stoves.
Sig Sichel, Merchant.
Charles Gauld. Merchant.
Jas. Hilsop, Merchant.
B. P. Reynolds, Farmer.
A. L. Fish, Business Mgr. Journai-
G. M. Trowbridge, Editor Journal.
A. Feldenheimer, Jeweler.
D. Solis Cohen, Attorney.
F. E. Dooly, Insurance.
Leslie M. Scott, Oregonian.
J. J. Flynn, Real Estate.
M. C Banfield, Contractor.
R. D. Inman, Lumberman.
H. C. Wortman, Merchant,
H. W. Hogue, Attorney.
M. W. Markewitz, Merchant.
O. A. Windfelder, Com'l Traveler.
Chester A. Whitemore,
Irwin-Hodson Co.
Harrison Allen, Attorney.
W. B. Glafke, Merchant.
A. W. Whitmer, Insurance.
F. W. Isherwood,
Mgr. Bridge & Beadi.
Seneca Fouts, Lawyer.
J. L. Hartman, Banker.
EXTRACT FROM DECLARATION OF PRINCIPLES AND CONSTITUTION.
"We invite all citizens, taxpayers, merchants, manufacturers, business
and professional men, to join with us in favoring all legitimate means
and measures for the advancement of the agricultural, industrial and
commercial development of Oregon, particularly home rule for incor-
porated cities and towns, and opposing all sumptuary legislation, or
movements unnecessarily interfering with commerce."
"No person, firm or corporation engaged in the manufacture or sale
of intoxicating liquors shall be eligible for membership, except hotel and
innkeepers whose principal occupation is the serving of food and lodging
to gaests."
120 Pamphlet Containing Measures to be
A BILL
To BE submitted to THE LEGAL ELECTORS OF THE STATE OF
Oregon for their approval or rejection
AT THE
REGULAR general ELECTION
TO BE HELD
On the Eighth Day of November, 1910,
To propose by initiative petition a law to prohibit, and to provide methods
and procedure for the prevention and suppression of, the manufacture,
sale, possession, exchange, or giving away of intoxicating liquor, except
for specific purposes; the traffic therein, and the giving, soliciting,
or receiving of orders or payments therefor, except by authorized
persons; etc..
By initiative petition filed in the office of the Secretary of State, July 2,
1910, in accordance with the provisions of Chapter 226,
General Laws of Oregon, 1907.
Printed in pursuance of Section 8 of Chapter 226, Laws of 1907.
Secretary of State.
The following is the form and number in which the question will be
printed on the official ballot:
PROPOSED BY initiative PETITION
A bill for a law to prohibit, prevent, and suppress the
manufacture, sale, possession, exchange, or giving
away of intoxicating liquors within the State of
Oregon, except for specific purposes; to govern the
shipment of the same, declaring what is intoxicating
liquor within the State of Oregon, and providing
penalty for violations of the act. Vote YES or NO.
344. Yes.
.345. No.
Submitted to Voters of Oregon November 8, 1910 121
[On Official Ballot, Nos. 344 and 345.]
A BILL
To propose by initiative petition a law to prohibit, and to provide methods
and procedure for the prevention and suppression of, the manufacture,
sale, possession, exchange, or giving away of intoxicating liquor, except
for specific purposes; the traffic therein, and the giving, soliciting, or
receiving of orders or payments therefor, except by authorized persons ;
to govern the shipment of intoxicating liquor; providing compensation
for those prevented by this law from using their license for the full
time for which they had paid; declaring certain rules of evidence
applicable to prosecutions for violation of the laws relating to intoxi-
cating liquor; providing for the search, seizure and destruction of in-
toxicating liquor and unlawful devices in certain cases; making the pos-
session of an internal revenue special tax stamp prima facie evidence
of intent to evade or violate the law; declaring what is intoxicating
liquor within the statutes of Oregon; providing penalties for violation
of the provisions of this law; declaring purchasers competent witnesses;
and setting a time when the law shall become effective if approved bj
the people.
Be it enacted by the people of the State of Oregon:
Section 1. No person, firm or association of persons shall manufac-
ture, sell, keep for sale, or exchange, any malt, spirituous, vinous, or
intoxicating liquors, or give away the same with intent to violate or
evade the laws of this State prohibiting the manufacture and traffic in
intoxicating liquors, except as hereinafter provided.
Section 2. The preceding section shall not be so construed as to
prohibit the sale of pure alcohol for scientific and manufacturing pur-
poses, or wines to church officials for sacramental purposes, nor alcoholic
stimulants as medicine in cases of actual sickness, but such stimulants
shall only be sold upon the written prescription of a regular practicing
physician, dated and signed by him, and certified, on his honor, that he,
the physician, has personally examined the applicant, naming him, and
that he finds him actually sick, and in need of the stimulant prescribed
as medicine; provided, that a physician who does not follow the practice
of medicine as a principal and usual calling shall not be authorized to
give the prescription provided for in this section; and provided further,
that no person shall be permitted to sell more than once on the pre-
scription, nor shall any person be permitted to sell at all on the prescrip-
tion of a physician not herein authorized to give it, nor on a prescription
which is not dated, signed and certified as above required; provided,
that every person selling such stimulants upon the prescription herein
provided for shall cancel such prescription by endorsing thereon the
word "cancelled" and the date of the cancellation, and shall file the same
122 Pamphlet Containing Measures to be
away. Nothing in this act shall be construed to prevent one registered
pharmacist selling such alcoholic liquors to another registered pharmacist.
Section 3. No person, firm or association of persons, shall offer to
any carrier for shipment, transportation or delivery, any intoxicating
liquor, from a place to a place both within the State of Oregon, nor shall
any carrier, acting as agent for the buyer oi seller, receive from or
deliver such package to any person, firm or association within the State
«f Oregon, except those expressly authorized by law to offer or receive
the same. Every package of intoxicating liquor shipped or delirered
within the State of Oregon shall be plainly marked on the outside with
the name and address of the consignor and the consignee and an accurate
«lescription of its contents and quantity. Every public carrier in the
State of Oregon shall keep a complete record at the office of receipt and
delivery of every such shipment of intoxicating liquors, giving respec-
tively the date of receipt and delivery, as the case may be, contents and
quantity of shipment and the name and address of the consignor and
the consignee. Such record shall be a public record open to the inspec-
tion of any person at any time without fee or charge, and a copy of
any such record, or any part thereof, made by any notary public, and
certified by him under the seal of his office to be a true copy, shall be
competent evidence in any court in the State of Oregon.
Section 4. It is hereby made the duty of the judges of the Circuit
Courts of the several judicial districts to give the provisions of this law
in charging the grand juries, and it shall be the duty of the grand jury
to diligently inquire after any violations of the provisions of this law;
and it is made the special duty of the District Attorney to file or have
filed a complaint in the Circuit Court of any county, or any justice's
court therein, against all houses and the keepers thereof, used for the
wianufacture, sile, exchange or gift, for purposes of evading this law,
•f any kind of intoxicating liquors in any county, or in any town in this
State where lo^al devices are resorted to to prevent or avoid detection
•f the keeper tliereof, and upon such complaint being so filed describing
a place wher<» i.he device is kept or suspected of being kept, and the
jiame of the person violating this law, if known, said Circuit Judge
•r justice of the peace, or other magistrate, shall issue his warrant com-
inanding any sheriff or constable to search such place, and if the law
is being violated, to arrest the person or persons so violating the law,
and it shall be the duty of the sheriff or constable of the county wherein
is situated any such place or house where such a device is kept, for the
sale or exchange of intoxicating liquors, or the gift of the same for the
purpose of evading this law, having obtained a warrant for that
purpose, to demand admission into the same, and upon admittance being
refused, the sheriff or constable is hereby authorized and required by
law to force open the same, and arrest and hold for trial before the
courts all such persons as shall violate any of the provisions of this
law. If in pursuance of any search by command of any legal process,
»«y intoxicating liquors or any device resorted to or used to prevent or
Submitted to Voters of Oregon November 8, 1910 123
avoid detection in the unlawful keeping or disposal of such liquor is
found, it shall be the duty of the officers finding the same to seize any
such devices and all intoxicating liquors so found, and hold and present
them as evidence before the court, and to arrest and present before the
court all persons found so unlawfully keeping or disposing of intoxicat-
ing liquors and of such devices. If any person or persons shall be found
guilty of such charge, all such devices and liquors found in their posses-
sion or under their control shall be destroyed by order of the court. It
shall be the duty of the Judges of the Circuit Court and of the justices
cf the peace having jurisdiction in the premises to make such orders,
and of District Attorneys and of the court to rigidly enforce this law.
Section 5. No person, firm or association of persons shall within the
State of Oregon give, solicit or receive any order or any payment as
agents of either the buyer or the seller for the sale or delivery of any
intoxicating liquors to be shipped or delivered to or from any point
within the State, except such persons, in such places, as are authorized
by law to deal in intoxicating liquors.
Section 6. The issue of a license or internal revenue special tax stamp
by the Federal Government to any person, firm or association of persons,
other than those authorized by the laws of Oregon for the sale of intoxi-
cating liquors shall be prima facie evidence that such person is selling,
exchanging or giving away intoxicating liquors with intent to violate
the provisions of this law.
Section 7. Any person convicted of violating any of the provisions
of this law or of the laws governing the sale of intoxicating liquors in
this State, for the first offense shall be punished by a fine of not less
than fifty nor more than five hundred dollars, or by imprisonment in
the county jail for not less than ten days nor more than sixty days, or
by both such fine and imprisonment; if any person shall be convicted a
second time for violating any of the provisions of this law, such person
shall be punished for such second and each subsequent violation of the
law, by a fine of not less than fifty dollars nor more than five hundred
dollars, and also by imprisonment in the county jail for not less than
thirty days nor more than six months. Justices of the peace shall have
concurrent jurisdiction with the circuit court in all violations of this act.
Section 8. In all prosecutions under this act, by indictment or other-
wise, it shall not be necessary to state the kind of intoxicating liquor
sold, nor to describe the place where sold; nor to show the knowledge
of the principal to convict for the act of an agent or servant; and in
all eases the persons to whom intoxicating liquors shall be sold in violation
of this act shall be competent witnesses.
Section 9. In all cases where any person, firm or association of per-
sons pursuing the occupation of liquor dealers, under license issued in
accordance with the present laws of this State, or by any municipality
in this State, are prevented from pursuing such occupation for the full
time to which he or they would be otherwise entitled, by reason of the
repeal or amendment of any law, a proportional amount of taxes paid
124 Pamphlet Containing Measures to be
by him or them for the unexpired term shall be refunded by the town,
city or county, as the case may be.
Section 10. Any liquor that is in fact intoxicating, and any
alcoholic liquor for which the Federal Government now requires an
internal revenue special tax stamp, is hereby declared to be intoxicating
liquor within the provisions of the laws of Oregon.
Section 11. This law shall be in effect on and after the first day of
July, 1911. If this proposed law shall be approved and enacted by the
people of Oregon, the title of this bill shall stand as the title of the law.
Section 12. All laws and parts of laws in conflict with the provisions
of this law are hereby repealed.
Submitted to Voters of Oregon November 8, 1910 125
ARGUMENT
(affirmative)
SUBMITTED BY
OREGON ANTI-SALOON LEAGUE
in iitvor of the measure designated on the official ballot as follows:
PROPOSED BY INITIATIVE PETITION
A bill for a law to prohibit, prevent, and suppress the
manufacture, sale, possession, exchange, or giving
away of intoxicating liquors within the State of
Oregon, except for specific puroses; to govern the
shipment of the same, declaring what is intoxicating
liquor within the State of Oregon, and providing
penalty for violations of the act.
Vote Yl
5S or NO.
344. Yes.
345. No,
ARGUMENT FOR THE PROHIBITION LAW.
In proposing the abolition of the liquor traffic throughout the State of
Oregon, we present no new or untried principle of legislation. All
criminal laws are prohibitive in their character. The right to prohibit,
the duty of preventing those acts by which man injures his fellow, have
been recognized from the earliest dawn of civilization. Those acts
wherein one is the aggressor and the other the unwilling victim are
forbidden by every code. But modern law has gone a step further.
It recognizes the rights of the innocent bystander.
Even acts to which both parties are agreed may be forbidden if the
public interest requii-es it. This is illustrated by the laws prohibiting
gambling, duelling, and the Louisiana lottery. Both buyer and seller
of lotteiy tickets claim their transaction is their own bvisiness and no one's
else, but the law steps in and says "Not so; the lottery corrupts public
morals and injures legitimate business."
So with the liquor traffic. The public interest demands its prohibition,
not for the benefit of either buyer or seller, but solely for the public
good.
With the individual act of drinking, this law has nothing to do. Each
man will regulate that for himself. The act of selling, involving as it
does, the relation of two or more persons, may properly be regulated
or restricted in any way that may seem beneficial to tiie public, even to
126 Pamphlet Containing Measures to be
the extent of forbidding it entirely. This principle has been repeatedly
set forth by the United States Supreme Court. All liquor legislation is
based upon it. The right to license or restrict carries with it the right
to prohibit.
To show how completely the license restriction has failed, it is only
necessary to reflect that all we now know of the evils of the saloon has
been learned under that system.
There is no middle ground for the license system to stand on. Either
the saloon is a good thing and ought to be treated like any other business,
or, it is a bad thing and ought to be put out of business.
LABOR EMPLOYED,
It may be said that a great amount of capital is invested in the liquor
business, and an army of men employed whom prohibition would throw
out of employment. The Census Bulletin of Manufactures for 1905 says
that there are $2,138,000 invested in the breweries of Oregon, and 203
men, including managers and owners, are employed. That makes one
man for every $10,532 capital. At the same time there was $419,000
ijivested in the butter and cheese business, employing 232 men, or
one man for every $1,806. In other words, if the capital now invested
in the breweries were withdrawn and put to making cheese, it would
furnish work for 981 more men than it now employs. No one of the
other great industries of the country employs less than three times
the number of men employed by the breweries, in proportion to the
capital invested. The average is nearly six times as many.
REVENUE.
The liquor advocates claim that we cannot get along without the
revenue from the saloon. In 1909 Multnomah county and Portland
received from the saloons $334,000, or $1.34 per capita. In order to
get this the people had to spend $4,800,000, or $19.22 each, the national
per capita. The saloon's commission for collecting the taxes seems too
large.
Upon the basis of the "Roosevelt Home's Commission" investigation
of the percentage of crime, pauperism and insanity attributable to liquor,
and upon Portland's proportion of the State population and the cost of
maintaining courts, sheriffs, jail, police, asylums, etc., the burden to
the taxpayer of Portland is much larger than the receipts from the
traffic, and to the rest of the State much larger than to Portland. In
fact, property outside incorporated towns pays an equal share of this
burdcH, except police service, and receives no portion of the revenue.
The traffic does not nearly pay its direct expenses to the taxpayer.
LOCAL OPTION.
Under this system in our State the sale of liquor has been prohibited
ia every precinct or county where a majority \oted against it. It per-
mits a local prohibition, limited in extent, also in quality, since it does
rot affect the manufacture, nor can it prevent the delivery of liquors,
even where the sale is forbidden. In spite of these limitations it has
Submitted to Voters of Oregon November 8, 1910 127
worked a great amount of good. It has demonstrated beyond question
that saloons are not necessary to prosperity, and that their absence
reduces rather than increases taxes.
But the situation has changed since local option was instituted. Then
the temperance people wanted it because all the State was wet and local
option would enable them to make some of it dry. Now the liquor men
want it because they see the whole State about to go dry, and local option
will enable them to keep some of it wet.
STATE PROHIBITION.
This brings us to the next great forward step in anti-liquor legislation.
This, all students of the question agree, must be taken as the only step
which offers a permanent hope of solution: State Prohibition.
The State is the unit of sovereignty in the American system of gov-
ernment. The evils of Rum Rule are not local. The blessings that have
attended the dry counties should now be extended to all the State. What
ir wrong in one part of the State cannot be right in another.
The cities are a part of the State. The sons and daughters of the
farmers and townsmen must come to the cities to study and to settle.
It is a matter of vital concern to every family in Oregon that moral
conditions shall prevail in our metropolis, our State Capital, our college
towns, and other cities.*
Many of the difficulties which interfere with the enforcement of pre-
cinct and county prohibition under the local option law, or with the
saloon restriction under the license laws, will disappear under State
prohibition. No crime is more difficult to detect than the illegal sale of
liquor where the legal sale exists.
Booze bought in a blind pig produces exactly the same effects as that
purchased in the licensed saloons. No crime is easier to detect than the
illegal sale of liquor, where there is no legal sale. Sight, smell and
hearing combine to inform the public that the law is being violated.
The liquor men proudly claim that they will violate this law; but the
government record shows 992 tax receipts for the sale of liquor in Port-
land, while the city licenses only 502. The San Francisco Examiner
states there are 1,600 blind pigs in San Francisco; and it is a fact that
wherever liquors are licensed there are many more blind pigs than in
dry territory.
The proposed prohibition law has been drawn after a careful study
of the situation from every point of view. The main provisions of the
local option law are incorporated in it, with their scope extended to in-
clude the manufacture as well as the sale. There will be no restriction
placed upon the use of liquor beyond what is absolutely required tx>
prevent the violations of the law. No man endeavoring to obey the law
in good faith will have any cause to complain of its provisions.
This proposed law accompanies the constitutional amendment No. 342;
and is needed to enforce its provisions.
VOTE PROHIBITION TWICE.
OREGON ANTI-SALOON LEAGUE.
128 Pamphlet Containing Measures to be
ARGUMENT
(negative)
SUBMITTED BY
GREATER OREGON HOME RULE ASSOCIATION
opposing the measure designated on the official ballot as follows;
PROPOSED BY INITIATIVE PETITION
A bill for a law to prohibit, prevent, and suppress the
manufacture, sale, possession, exchange, or giving
away of intoxicating liquors within the State of
Oregon, except for specific purposes; to govern the
shipment of the same, declaring what is intoxicating
liquor within the State of Oregon, and providing
penalty for violations of the act. Vote YES or NO.
344^ Yes^
345! No!
ARGUMENT AGAINST FROHIBITilON LAW
SUBMITTED BY
GREATER OREGON HOME RULE ASSOCIATION.
To the Voters of Oregon:
If prohibition were a real remedy for the evils of intemperance, or
even lessened them, nothing on earth could prevent its being the law,
not only of the State but of the Nation. But prohibition has been dis-
carded as an utter failure, after earnest and diligent trial, by the prp-
gressive States of the Union. It has only been newly accepted in the
South, where half the population are negroes, and there the people are
now weary of its futility and hypocrisy. Already Alabama has declared
for its repeal and the re-enactment of local option, by 26,000 majority.
It is not only that prohibition injures the material and social develop-
ment of a state; not only because it throws men out of work, and lowers
property values; not only because it increases taxes and increases drunk-
enness, that we oppose it. Prohibition must be defeated in Oregon
because it is morally WRONG. It is a curse to good government. It
makes a by-word and a joke of the law- — but it is a terrible joke. Morals
cannot be high, and government cannot be clean, where half the people
are pex'fectly willing to violate the law, and to commit perjury when
brought to task for it. The every-day hypocrisy becomes plain to all
men, and causes an increasing contempt for all law. We ask the voters
of Oregon — is a law which is voted for by every bootlegger, which
makes lawbreakers of millions of decent men throughout our country,
and which has never, anywhere, risen above the dignity of an ugly farce,
an improvement of moral conditions?
The Anti-Saloon League passed the existing local option law. They
Submitted to Voters of Oregon November 8, 1910 129
then said: "It puts into effect the American doctrine of home rule. You
should vote for it because it concedes the right of the majority to rule.
It gives you local self-government." Yet today they are themselves seek-
ing to kill that very law by enacting state-wide prohibition! They 7iow
say their new law "Has nothing to do with the individual act of drinking,"
and that "Each man will regulate that for himself." But their law says
it is a crime to have a jug of cider or a bottle of beer in your house, or
to give it away, and if you are suspected of having it in your home, or
giving it to a guest, upon complaint of a spiteful neighbor or enemy
your home may he broken into, your wife's and daughter's rooms invaded,
and their trunks and clothes-closets emptied onto the floor in search
for liquor. Think of this in Oregon!
The claim that state-wide prohibition is needed because liquor is now
shipped from "wet" into "dry" counties is a mere begging of the ques-
tion. They cannot deny that under state-wide prohibition Washington,
California and other states could ship liquor into Oregon under the
interstate commerce law. We should gain nothing in temperance, and
simply be drained of an enormous sum of cash by neighboring states.
This would not be too heavy a price to pay if intempai-ance were lessened,
but it is a fact, recorded in the United States Government statistics, that
prohibition merely increases intemperance. The official organ of the
Anti-Saloon League says : "In the past fifteen years, thii-ty-eight million
people in the United States have been placed under one form or another of
prohibition." What has been the effect upon the consumption of liquor?
The Anti-Saloon League does not tell. But the United States internal
revenue repoi'ts do tell. They prove that in these fifteen years of pro-
hibition the per capita consumption of whisky in the United States has
increased over 50 per cent, and the per capita consumption of beer has
increased over 46 per cent. Think what this means! Thirty-eight million
people are today drinking illegally 50 per cent more than they drank
legally! Nothing could better illustrate the immorality, the dishonesty,
and the hypocrisy which prohibition is breeding in America.
We do not need more laws. We need better enforcement of existing
laws.
The liquor traffic should continue to bear its just share of the burdens
of government. That share now pays one-third of all the expenses of the
Federal Government. Without that one-third, the government tvould
have to stop the rural free delivery of m,ail to farmers. In Portland, the
license revenue pays the cost of the police and fire departments. Prohi-
bition brings small consolation to farmers and dwellers in cities.
We are inviting homeseekers to come to Oregon and help us develop
our resources. Men of enterprise, of spirit. and character, will not come
to a state where they can only live as hypocrites arid semi-criminals, and
be reduced by law to the level of a beast, which must have a master to
control its appetites because it cannot control them itself.
The pioneers who braved desert, wilderness, and savage tribes and
made Oregon's development possible, never knew such doctrine as pro-^
5—
130
Pamphlet Containing Measures to be
hibition. Their sons, who are extending that development, will not
endorse it.
Read the affirmative argument for initiative measure No. 328; also
argument against bill No. 342.
Prohibition is a step backtvard,
Oregon is going fortvard, not backward.
Vote "NO" to both prohibition bills.
Vote it down hard.
GREATER OREGON HOME RULE ASSOCIATION.
OFFICERS.
President — Herman Wittenberg,
Vice-Pres. and Mgr. Pac. Coast Biscuit Co.
Vice-President — R. D. Inman, Pres. Inman-Poulsen Co.
Secretary — R. W. Schmeer,
Cashier U. S. National Bank.
Vice-President — R. D. Inman, Pres. Inman-Poulsen Co.
Treasurer — Byron P. Reynolds, farmer.
H. Wittenberg.
C. K. Henry, Real Estate.
Alan Welch Smith, Physician.
Geo. W. Hoyt,
Cashier Merchants Nat'l Bank.
A. L. Mills, Banker.
H. Wittenberg, Manufacturer.
J. Frank Watson, Banker.
Geo. W. Hoyt, Banker.
R. W. Schmeer, Banker.
R. Lea Barnes, Banker.
T. D. Honeyman, Merchant.
H. W. Scott, Editor Oregonian.
E. B. Piper, Mng. Editor Oregonian,
Alan W. Smith, Physician.
H. F. McKay, Physician.
Chas. K. Henry, Real Estate.
J. H. Burgard, Insurance.
M. Fleischner,
Wholesale Dry Goods.
H. E. Huggins,
Mgr. Fleischner & Mayer.
G. B. Thomas, Promoter.
Fred B. Eaton, Merchant.
C. W. Horlson, Real Estate.
ADVISORY BOARD.
A. H. Devers,
Pres. Closset & Devers.
J. J. Flynn, Real Estate.
C. A. Whitemore,
Pres. Irwin-Hodson Company.
D. Soils Cohen, Attorney.
PUBLICITY COMMITTEE.
Dwight Edwards, Merchant.
J. W. Smith, Manufacture Stoyes.
Sig Sichel, Merchant.
Charles Gauld, Merchant.
Jas. Hilsop, Merchant.
B. P. Reynolds, Farmer.
A. L. Fish, Business Mgr. Journal.
G. M. Trowbridge, Editor Journal.
A. Feldenheimer, Jeweler.
D. Soils Cohen, Attorney.
F. E. Dooly, Insurance.
Leslie M. Scott, Oregonian.
J. J. Flynn, Real Estate.
M. C. Banfield, Contractor.
R. D. Inman, Lumberman.
H. C. V/ortman, Merchant.
H. W. Hogue, Attorney.
M. W. Markewitz, Merchant.
O. A. Windfelder, Com'l Traveler.
Submitted to Voters of Oregon November 8, 1910 131
Chester A. Whitemore, A. W. Whitmer, Insurance.
Irwin-Hodson Company. F. W. Isherwood,
Mgr. Bridge & Beach.
Harrison Allen, Attorney. g^^^^^ p^^^^^ Lawyer.
W. B, Glafke, Merchant. J. L. Hartman, Banker.
EXTRACT FROM DECLARATION OF PRINCIPLES AND CONSTITUTION.
"We invite all citizens, taxpayers, merchants, manufacturers, business
and professional men, to join with us in favoring all legitimate means
and measures for the advancement of the agricultural, industrial and
commercial development of Oregon, particularly home rule for incorpo-
lated cities and towns, and opposing all sumptuary legislation, or move-
ments unnecessarily interfering with commerce.
"No person, firm or corporation engaged in the manufacture or sale
of intoxicating liquors shall be eligible for membership, except hotel and
inn-keepers whose principal occupation is the serving of food and lodging
lo guests."
132 Pamphlet Containing Measures to be
A BILL
to be submitted to the legal electors of the state of
Oregon for their approval or rejection
AT THE
REGULAR GENERAL ELECTION
TO BE HELD
On the Eighth Day of November, 1910,
To propose by initiative petition a law creating and appointing a Board
of Commissioners to examine and report to the legislature upon the
matter of indemnity to employees for injuries sustained in course of
their emplojonent; to define the duties and powers of said commis-
sioners, and making an approriation to provide for the expenses of
such board.
An initiative petition filed in the office of the Secretary of State, July 5,
1910, in accordance with the provisions of Chapter 226,
General Laws of Oregon, 1907.
Printed in pursuance of Section 8 of Chapter 226, Lav/s of 1907.
Secretary of State.
The following is the form and number in which the question will^ be
submitted on the official ballot:
PROPOSED BY initiative PETITION
A bill for an act creating a Board of Commissioners
of nine members to examine the subject of employees'
indemnity for injuries sustained in the course of their
employment, and to prepare a measure to be pre-
sented to the legislature governing the same, and
report to the Governor of the State on or before the
1st day of February, 1911, and appropriating $1,000
for the purposes of the act. Vote YES or NO.
346. Yes.
347. No.
Submitted to Voters of Oregon November 8, 1910 13
o
[On Official Ballot, Nos. 346 and 347.]
AN ACT
Creating and appointing a Board of Commissioners to examine and report
to the legislature upon the matter of indemnity to employees for in-
juries sustained in course of their employment; to define the duties
and powers of said commissioners, and making an appropriation to
provide for the expenses of such board.
Be it enacted by the People of the State of Oregon:
Section 1. That a Board of Commissioners consisting of nine (9)
members be and the same is hereby created to be known as the "Em-
ployees Indemnity Commission." That the following named citizens of
the State of Oregon be and they are hereby appointed as members of
said commission: Bishop Charles Scadding, Archbishop Alexander
Christie, Judge Thos. F. Ryan, Robert D. Inman, W. H. Corbett, Rev.
Benj. Young, Prof. F. G. Young, Robert A. Booth, Jno. S. Bradley.
That in the event of the death, failure or refusal to act of any of said
commissioners, either before or after the taking effect of this act, any
such vacancy or vacancies shall be filled by appointment or appointments
to be made by the Governor, Chief Justice of the Supreme Court, and the
State Treasurer.
Section 2. Said Employees Indemnity Commission shall meet in the
office of the Secretary of State on the 14th day of November, 1910, at
the hour of twelve o'clock M., and shall organize by the election of one of
their number chairman. Before entering upon the duties of their office,
each member of said board shall take and subscribe an oath before the
Secretary of State that he will support the Constitution of the United
States, the Constitution of the State of Oregon, and faithfully and im-
partially perform the duties of his office.
Section 3. Said Employees Indemnity Commission shall have power
to appoint one clerk, who shall act as secretary for said board.
Section 4. It shall be the duty of the said board to examine the subject
of employees' indemnity for injuries sustained in the course of their
employment, and to make and repoi't to the legislature a comprehensive
law or system of laws treating of the subject of indemnity to employees
for injuries sustained during the course of their employment, which law
or system of laws shall be based upon the principle that all employees
covei-ed by the provisions thereof shall be entitled to and shall be assured
of fair, equitable, and reasonable indemnity for all injuries causing tem-
porary, permanent, partial, or total disability, and that such indemnity
be extended to persons legally dependent upon such employees in the
event of death resulting from such injuries. That any such employee,
or, in the event of death, the dependents of any such employee, shall be
entitled to and assured of such indemnity for all such injuries sustained
134 Pamphlet Containing Measures to be
in the course of employment occasioned in any manner, excepting only
injuries intentionally self-inflicted.
Section 5. Said Employees Indemnity Commission shall continue in
session until its labors are completed; shall adopt rules and regulations
for its government and adjournment, provided, said board shall com-
plete its labors and make and submit its report to the Governor of the
State of Oregon on or before the first day of February, 1911.
Section 6. Said Employees Indemnity Commission shall keep a com-
plete journal of its proceedings and when its labors are completed, it
shall submit its report to the Governor, with such drafts of proposed
laws as shall be formulated, adopted and recommended by it.
Section 7. It shall be the duty of the Governor to cause a copy of the
report of the said commission, together with such drafts of proposed laws,
to be presented to the Legislative Assembly on or before the fifth day of
February, 1911.
Section 8. None of the members of said commission shall receive any
compensation for his services as such. Said Emloyees Indemnity Com-
mission shall fix the salary and compensation of the clerk of said commis-
sion, which shall be payable monthly during the time of his employment,
and the Secretary of State is hereby authorized to draw warrants upon
the State Treasurer for the compensation of the said clerk and other
expenses of the commission, upon the certificate of the chairman of the
said Employees Indemnity Commission.
Section 9. The Secretaiy of State shall provide said Employees In-
demnity Commission with a room in the State Capitol building and shall
furnish all necessary printing, stationery, lights and fuel for the use of
said commission; provided, said commission may, if deemed advantageous,
from time to time, hold sessions at other places in this State.
Section 10. That there be and hereby is appropriated out of the gen-
eral fund of the State of Oregon, the sum of One Thousand ($1,000.00)
Dollars, or so much thereof as may be necessary to carry this act into
effect.
Submitted to Voters of Oregon November 8, 1910 135
ARGUMENT (negative)
SUBMITTED BT
OREGON FEDERATION OF LABOR
opposing the measure designated on the official ballot as follows:
PROPOSED BY INITIATIVE PETITION
A bill for an act creating a Board of Commissioners, of nine
members to examine the subject of employees' indemnity
for injuries sustained in the course of their employment,
and to prepare a measure to be presented to the legislature
governing the same, and report to the Governor of the
State on or before the 1st day of February, liJll, and
appropriating $1,000 for purposes of the act.
Vote YES or NO.
346. Yes.
34-7. No.
ARGUMENT AGAINST BILL.
This act is unnecessaiy. Its sole purpose is to create a board which
shall make a report to the legislature on the subject of indemnity to
employees for injuries sustained in the course of their employment, and
to report to the legislature a comprehensive law, or system of law, treat-
ing of the subject of indemnity to employees for injuries sustained during
the course of their employment.
The legislature of New York appointed such a commission which, after
the most complete and elaborate examination of the subject known, has
made its report to the legislature of New York, which may be had in
two printed volumes, on application, so that if information is all that
is wanted, or if the model of an employers' indemnity law is wanted, it
can be easily had.
If an Oregon commission is desired to pursue a subject already ex-
hausted by the New York commission whose work is universally recog-
nized as authority, then the Governor can appoint such a commission
to make a report, or the legislature could appoint a commission. The
last legislature could have appointed such a commission and would have
done so but every move in the direction of indemnity to employees was
blocked by the lobby of this very Employers' Association that now sees
fit to put forward this bill by the initiative. By its very terms no report
is expected before the first of next February, and not even a draft of a
law need be filed before the 5th of February; that is to say, only two
weeks before the expiration of the session, so that no real relief is prob-
able or expected from this commission.
It is, in our opinion, a mere pretext, or blind, intended to head off the
law proposed by the initiative at this election in favor of employees
engaged in hazardous occupations, which is the very law the Employers'
Association (the promoters of this commission bill) defeated at the last
legislature, and then and there would have been the time for them to
have asked the legislature for a commission to report on the matter, had
they been in good faith.
For further on this subject see the affirmative argument in favor of
the bill for the protection of persons engaged in hazardous occupations.
OREGON FEDERATION OF LABOR..
136 Pamphlet Containing Measures to be
A BILL
to be submitted to the legal electors of the state of
Oregon for their approval or rejection
AT THE
REGULAR general ELECTION
TO BE HELD
On the Eighth Day of November, 1910,
To propose by initiative petition a law to protect fish in Rogue River, to
punish those who violate this act and to repeal
all laws in conflict herewith.
By initiative petition filed in the office of the Secretary of State, July 5,
1910, in accordance with the provisions of Chapter 226,
General Laws of Oregon, 1907.
Printed in pursuance of Section 8 of Chapter 226, Laws of 1907.
Secretary of State.
The following is the form and number in which the question will be
printed on the official ballot:
■ ' — T "
PROPOSED BY initiative PETITION
A bill for an act prohibiting the taking of fish from the
waters of Rogue River, or of any of its tributaries,
by any means, except with hook and line, commonly
called angling. Vote YES or NO.
348. Yes.
349. No.
Submitted to Voters of Oregon November 8, 1910 137
[On Official Ballot, Nos. 348 and 319.]
A BILL
For an act to protect fish in Rogue River, to punish those who violate
this act and to repeal all laws in conflict herewith.
Be it enacted by the People of the State of Oregon:
Section 1. It shall be unlawful for any person to take or attempt to
take any fish of any kind whatsoever from the waters of Rogue River
or of any of its tributaries with a seine, net, trap, fish-wheel or by any
other means except with hook and line, commonly called angling.
Section 2. Any person violating any provision of this act shall, upon
conviction, be punished by fine not less than one hundred nor more than
five hundred dollars, or by imprisonment not less than thirty days mor
more than six months in the county jail, or by both such fine and
imprisonment.
Section 3. All laws and parts of laws, general or special, in conflict
with this act are hereby repealed.
138 Pamphlet Containing Measures to be
ARGUMENT
(affirmative)
SUBMITTED BY
ROGUE RIVER FISH PROTECTIVE ASSOCIATION
in favor of measure designated on the official ballot as follows:
PROPOSED BY INITIATIVE PETITION
A bill for an act prohibiting the taking of fish from
the waters of Rogue River, or of any of its tribu-
taries, by any means, except with hook and line,
commonly called angling. Vote YES or NO.
548. Yes.
349. No.
ARGUMENT FOR BILL.
The object of this measure is to prevent the utter extermination of
fish in Rogue River, which flows through Jackson, Josephine, and Curiy
Counties. For years past salmon fishing has been carried on with nets
and seines. In recent years trout also have been seined. Runs are yearly
diminishing, the hatchery has been unable to take sufficient eggs to
replenish the supply, and a continuation of present conditions threatens
complete extermination.
Seiners and netters so thoroughly drag the stream that few fish reach
spawning ground. Fishermen enjoy the longest open season of any
stream on the coast, and have successfully thwarted efforts of the Master
Fish Warden to prevent extermination by shortening the season.
They have ruthlessly and flagrantly violated State laws, fishing during
the closed season, under the toes of dams, and giving officers muc-h
trouble. They have used nets as small as one-inch mesh for the purpose
of gathering trout with salmon. Many of these fishermen are non-
residents, who come here annually to prey upon the fish.
One of the runs of fish that come into the Rogue is the steelhead
(rainbow) trout. Until recent years it was not seined for, but during
the past few years has been taken and shipped by tons. This trout takes
a fly, and is the gamest of fish.
Formerly the Rogue was known as the best fishing stream in the
Northwest. Farmers had no difficulty in taking a winters' supply for
home use. They cannot do so now, as they are all seined and shipped
by commercial fishermen, who have multiplied in recent years.
The Rogue is a small and unnavigable stream, unfit for commercial
fishing. One of the chief attractions of the Rogue River country, which
is attracting thousands of tourists, will be fishing with hook and line,
if it can be restored to its former plentitude, but unless seining and
netting is stopped, and natural conditions restored, there will soon be no
fishing of any kind in Rogue River.
ROGUE RIVER FISH PROTECTIVE ASSOCIATION.
Submitted to Voters of Oregon November 8, 1910 139
ARGUMENT
(negative)
SUBMITTED BY
E. A. BAILEY, JOHN R. MILLER and HERBERT HUME, committee
representing citizens of Curry County, Oregon,
opposing the measure designated on the official ballot as follows :
PROPOSED BY INITIATIVE PETITION
A bill for an act prohibiting the taking of fish from the
of Rogue River, or of any of its tributaries, by any
except with hook and line, commonly called angling.
waters
means,
Vote
YES
or
NO.
348.
Yes.
349.
No.
ARGUMENT AGAINST INITIATIVE MEASURE PROHIBITING
FISHING ON ROGUE RIVER, EXCEPT WITH
HOOK AND LINE.
Rogue River in the production of salmon fish is not excelled by any
other stream in Oregon, excepting the Columbia. The canning of this
fish on Rogue River is one of the leading industries of the State. Thou-
sands of dollars of public money, as well as private capital, have been
expended in the propagation of salmon, and in developing the stream
thus fostering and encouraging a natural resource of our country which
annually adds to the wealth of Oregon. Private capital at the mouth of
the Rogue River in building and equiping canneries in aiding in the
propagation of fish; in clearing out the river, etc., is invested to the
extent of not less than a quarter of a million dollars. The fishing in-
dustry affords employment to a great number of our Jaboring people.
It is proposed by this bill to utterly annihilate and destroy the business
of commercial fishing on Rogue River, and for what reason? Because
it is claimed that commercial fishing at the mouth of the river interferes
with the fisherman's sport upon the upper river. But this is not true.
The fishermen's net is so constructed that it precludes the possibility
of any salmon trout being taken.
The laws governing fishing are faithfully complied with on the Rogue,
and in the salmon fishing at its mouth. There are two hatcheries for the
propagation of salmon fish on this river owned by the estate of R. D.
Hume and maintained at considerable expense without assistance from
others. The Government of the United States also operates a hatchery
located on Elk Creek in that vicinity with which to supply this stream
with the salmon fish. The product of these two hatcheries planted in
this river equals many times the number of fish taken from its water.
Shall this industry be destroyed? A glance at the law, and consideration
of its effect, will show its injustice. This proposed law should receive
the emphatic NO of the voter. E. A. BAILEY,
JOHN R. MILLER,
HERBERT HUME,
Committee Representing Citizens of Curry County, Oregon.
140 Pamphlet Containing Measu res to be
ARGUMENT
(negative)
SUBMITTED BY
ROGUE RIVER FISHERMEN'S UNION
opposing the measure designated on the official ballot as follows:
PROPOSED BY INITIATIVE PETITION
A bill for an act prohibiting the taking of fish from the
waters of Rogue River, or of any of its tributaries,
by any means, except with hook and line, commonly
called angling. Vote YES or NO.
348^ Yes^ '■
349^ ^. '
ARGUMENT AGAINST BILL.
The initiative measure to close Rogue River to commercial fishing
is uncalled for because Section 4106, Bellinger and Cotton's Code pro-
vides for closing any stream to protect fish and authorizes, the Fish
Commission to take such action when advisable. No State Fish Warden
has thus favored closing the Rogue River and former Master Fish
Warden H. C. McAllister, by his letter of June 15th, 1910, to Rogue
River Fishermen's Union, stated "I am opposed to the bill for closing
Rogue River." The fishermen are residents and mostly farmers, only
five men now non-residents, and the argument for bill is misleading
and false.
The run of salmon is not diminishing as stated, and in 1909 there was
the heaviest run in many years, and the catch of steslheads small, being
only one ton in a total of ninety-three caught and marketed last year.
Small mesh nets are not used, the smallest being an eight-inch mesh in
summer and a five-inch mesh in winter, no one-inch mesh used on river-.
The laws were strictly enforced on this river and the present Master
Fish Warden received his promotion from the ranks for his efficient
services.
Dams and defective fish ladders are the primary cause of salmon not
reaching the government hatchery, and these barriers should be remod-
eled by competent supervision, not by repealing the law which permits
commercial fishing.
The annual revenue to salmon fishei'men on the river at Grants Pass
is $20,000.00 annually, and Curry County much greater, and the entire
catch may be classed as Chinook salmon, which fish do not take the fly
nor spoon except by accident and during spawning season.
We ask the voters of the State not to cast their ballots for this law,
depriving thereby a large class of worthy citizens from gaining a liveli-
hood by a legitimate industry.
ROGUE RIVER FISHERMEN'S UNION.
Endorsed by: Per H. E. Gething, Secretary and Manager.
GRANTS PASS COMMERCIAL CLUB.
Per M. J. Anderson, Chairman of Committee.
Submitted to Voters of Oregon November 8, 1910 141
A BILL
To be submitted to tpie legal electors of the State op
Oregon for their approval or rejection
AT THE
REGULAR GENERAL ELECTION
TO BE HELD
On the Eighth Day of November, 1910,
To propose by initiative petition a law to create the County of Deschutes
and to fix the salaries of the officers thereof.
By initiative petition filed in the office of the Secretary of State, July 6,
1910, in accordance with the provisions of Chapter 226,
General Laws of Oregon, 1907.
Printed in pursuance of Section 8 of Chapter 226, Laws of 1907.
Secretai'y of State.
The following is the form and number in which the question will be
printed on the official ballot:
PROPOSED BY initiative PETITION
A bill for a law to create the County of Deschutes,
Oregon, out of the northwest portion of Ci'ook County,
Oregon, providing for its organization, the salaries
of its officers, and settlement of the finances between
the proposed county and Crook County. Vote YES or NO.
350. Yes.
351. No.
142 Pamphlet Containing Measures to be
[On Official Ballot, Nos. 350 and 351.]
A BILL
To propose by initiative petition a law to create the County of Deschutes
and to fix the salaries of the officers thereof.
Whereas, the proposed County of Deschutes contains an area of more
than four hundred square miles and a population of more than twelve
hundred inhabitants, therefore.
Be it enacted by the People of the State of Oregon:
Section 1. That all that portion of the State of Oregon embraced
within the following boundary lines be and the same is hereby created
and organized into a separate county by the name of Deschutes, to-wit:
Beginning at a point on the township line between townships sixteen and
seventeen south, where the same intersects the range line between ranges
fourteen and fifteen east of the Willamette Meridian, running from
thence due west along said township line to the east line of Lane County;
thence northerly along the east boundary line of Lane, Linn, and Marion
Counties, to the southwest coi-ner of Wasco County; thence east along
the south boundary line of Wasco County to the point where said south
boundary line intersects the range line between ranges fourteen and
fifteen east of the Willamette Meridian; thence south on said range line
to the place of beginning.
Section 2. That the territory embraced within the said boundary shall
compose a county for all civil and military purposes and shall be subject
to the same laws and restrictions and be entitled to elect the same officers
as other counties of this State; provided, that it shall be the duty of
the Governor, as soon as it shall be convenient after this act shall have
become a law, to appoint for Deschutes County and from its citizens
the several county officers allowed by the law to other counties in this
State, which said officers, when duly qualified according to law, shall be
entitled to hold their respective offices until their successors are duly
elected at the general election of 1912 and are duly qualified according
to law. •
Section 3. The temporary county seat of Deschutes County shall be
located at Redmond in said county until a permanent location shall be
adopted. At the next general election the question shall be submitted
to the legal voters of said county, and the place, if any, which shall
receive a majority of all the votes cast at said election, shall be the per-
manent county seat of said county. But if no place shall receive a ma-
jority of all votes cast, the question shall again be submitted to the legal
voters of said county at the next general election, but between the two
places having the highest number of votes at said election, and the place
receiving the highest number of votes at such last election shall be the
permanent county seat of said county.
Section 4. Said County of Deschutes shall for representative purposes
Submitted to Voters of Oregon November 8, 1910 143
be annexed to the Twenty-first Representative District, and for senatorial
purposes said county shall be annexed to the Ninth Senatorial District,
being the representative and senatorial districts respectively, formerly
constituted by Crook County.
Section 5. The county clerk of Crook County shall, within thirty days
after this lav/ shall have gone into operation, make out and deliver to
the county clerk of Deschutes County a transcript of all taxes assessed
upon all persons and property within said Deschutes County, which were
previously included within the limits of Crook County, and all taxes
which shall remain unpaid upon the day this act shall become a law,
shall be paid to the proper officers of Deschutes County. The clerk of
Crook County shall also make out and deliver to the county clerk of
Deschutes County, within the time above limited, a transcript of all
cases pending in the circuit and county courts ©f Crook County, between
parties residing in or concerning property located in Deschutes County,
and transfer all original papers in said cases to be tried in Deschutes
County.
Section 6. The county court of Deschutes County shall be held at
the county seat on the first Monday in January, April, July, and October
of each year.
Section 7. The said County of Deschutes is hereby attached to the
Seventh Judicial District for judicial purposes, and the terms of the
Circuit Court for said county shall be held at the county seat com-
mencing on the fouith Monday in January and the third Monday in
July of each year.
Section 8. Until otherwise provided by law the county judge of Des-
chutes County shall receive an annual salary of $500.00; the county clerk
of said county shall receive an annual salary of $1,200.00; the shei'iff
shall receive an annual salary of $1,200.00; and the treasurer shall re-
ceive an annual salary of $250.00. The county school superintendent
shall receive an annual salary of $600.00; and the assessor shall receive
an annual salary of $1,000.00, and the county commissioners of said
county shall each receive $4.00 per day for the time actually employed
in county business, and the mileage at the rate of ten cents per mile each
way when required to travel on county business.
Section 9. The county judge of Deschutes county shall let by contract
to the lowest responsible and efficient bidder, the work of transcribing
all records of Crook County, affecting real estate situate in Deschutes
county, and when completed they shall be examined and certified to by
the clerk of Deschutes County, and shall thereafter be recognized and
acknowledged as the official records of Deschutes County; provided, the
clerk of Deschutes County shall be allowed to bid upon such work.
Section 10. It shall be the duty of the superintendent of schools of
Crook County, within thirty days after the appointment of a superin-
tendent of schools for Deschutes County, to make out and forward to
said superintendent of schools of Deschutes County a ti-ue and coi-rect
transcript or abstract of the annual reports of the clerks of the various
144 Pamphlet Containing Measures to be
school districts embraced within Deschutes County. The commissioners
hereinafter appointed to adjust the property and financial interests of
Crook and Deschutes counties shall at the same time ascertain what, if
any, sum of money belonging to the school fund is in the hands of the
treasurer of Crook County which should be paid to Deschutes County.
And said sum, if any, shall be paid to the county school superintendent
of Deschutes County within thirty days after such award.
Section 11. The treasurer of Deschutes County shall, within one year
after its organization by the appointment of its officers as hereinbefore
provided, assume and pay to the County of Crook a pro rata proportion
of the remaining indebtedness, if any, of Crook County after deducting
therefrom the amount of money that has been collected in taxes from the
territory taken from Crook County by this law and included in the
County of Deschutes and expended by the said County of Crook for
public buildings; provided, that if when this law goes into effect, there
is no indebtedness of Crook County, then Deschutes County shall be
entitled to credit, and Crook County shall pay to Deschutes County the
amount of money that has been collected in taxes from the territory
taken from Crook County by this law and included in the County of
Deschutes, and expended by the said Crook County for public buildings;
provided, further, that if, when this law takes effect and after the pay-
ment of all indebtedness and expenses of Crook County up to that time,
there shall be a balance of money in the hands of the treasurer of Crook
County, then and in that event the county treasurer of Crook County
shall within thirty days after this law takes effect, or within thirty days
after the amount thereof shall be determined by the commissioners
hereinafter appointed, pay to the treasui'er of Deschutes County such
proportion of the balance so in the hands of the treasurer of Crook
County, after the payment of indebtedness and expenses aforesaid, as
the total value of property in Deschutes County bears to the total value
of property in Crook County, according to the assessment of 1909.
Section 12. The county judge of Crook County and the county judge
of Deschutes County, and H. F. Jones of Deschutes County are hereby
appointed a board of commissioners to determine the value of the county
buildings in Crook County, the amount of indebtedness, if any, to be
assumed by Deschutes County, and paid to Crook County, and the amount
of money that may be due from Crook County to Deschutes County, under
the teiTTis of Section 11 of this law. Said board shall meet at the county
seat of Crook County on the first day of December, 1910, or within ten
days thereafter, and after taking and subscribing an oath faithfully to
discharge their duties, shall proceed with such work and when it is com--
pleted, shall file reports of their conclusions in duplicate with the clerks
of Crook and Deschutes counties. In case a vacancy occurs in said board
the same shall be filled by appointment by the Governor of the State of
Oregon.
Section 13. Within thirty days after the filing of such report either
county may appeal from the decision of said board to the Circuit Court
Submitted to Voters of Oregon November 8, 1910 145
of Crook County, by serving notice of appeal upon the clerk of the other
county interested. Upon perfecting the issue in said Circuit Court, either
county may demand a change of venue to any other county in the Seventh
Judicial District of the State of Oregon, or to any other Circuit Court
of the State of Oregon, for any county which may be agreed upon by
said counties; or in the event of a disagreement, to any county which
may be designated by the judge of said district. The tiial may be by
jury and the judgment rendered may be enforced as other judgments
against counties. If the county appealing fails to receive a more favor-
able judgment than the finding of the board appealed from by at least
$500.00, it shall pay the cost of the appeal. If no appeal be taken by
either party within the thirty days above provided, the findings of said
board shall be conclusive. The members of said board shall each receive
$4.00 per day for each day actually employed and the same mileage as
a witness in the Circuit Court. The expense incurred by above mentioned
board shall be borne equally by the two counties.
146 Pamphlet Containing Measures to be
ARGUMENT
(affirmative)
SUBMITTED BY
THE REDMOND COMMERCIAL CLUB
in favor of the measure desigriated on the official ballot as follows :
PROPOSED BY INITIATIVE PETITION
A bill for a law to create the County of Deschutes,
Oregon, out of the northwest portion of Crook County,
Oregon, providing for its organization, the salaries of
its officers, and settlement of the finances between
the proposed county and Crook covinty.
Vote YES or NO.
350. Yes.
351. No.
AFFIRMATIVE ARGUMENT SUBMITTED BY THE REDMOND
COMMERCIAL CLUB IN FAVOR OF THE CREATION
OF THE COUNTY OF DESCHUTES.
To the Voters of Oregon:
We, .the undersigned, officers of the Redmond Commercial Club, in
behalf of the residents of the proposed County of Deschutes, submit the
following reasons for the creation of the County of DESCHUTES:
First. CROOK, the parent county of the proposed County of DES-
CHUTES, is favorable to the creation of the new county.
Second. — The county seat of the proposed County of Deschutes will be
located on the main line of both the Hill and Harriman railroads which
'are now building into Central Oregon. ^
Third. — The proposed County of Deschutes has an area of 2,300 square
miles and contains about 1,500,000 acres, making it nearly six times the
size of Multnomah County. The assessed valuation of the new county
in 1909 was $1,676,946.00. The estimated valuation for 1910 is $2,500,-
000.00. The estimated population of the new county is 4,500. The only
legal requirements for the creation of a new county are a population of
1,200 and an area of 400 square miles.
Fourth. — The laws of Oregon make it impossible to create a new county
other than by initiative petition, and therefore the residents of the pro-
posed county ask your support.
All of which is respectfully submitted.
THE REDMOND COMMERCIAL CLUB,
By W. C. Walker, President.
H. T. Jones,
F. M. White,
Carl N. Ehret,
•Tos. H. Jackson,
Attest: E. R. Tichenor, Secretary. Directors.
Submitted to Voters of Oregon November 8, 1910 147
ARGUMENT
(negative)
SUBMITTED BY •
THE MADRAS COMMERCIAL CLUB
opposing the measure designated on the official ballot as follows:
PROPOSED BY INITIATIVE PETITION
A bill for a law to create the County of Deschutes,
Oregon, out of the northwest portion of Crook
County, Oregon, providing for its organization, the
salaries of its officers, and settlement of the finances
between the proposed county and Crook County. Vote YES or NO.
350. Yes.
351. No.
ARGUMENT AGAINST THE FOREGOING MEASURE.
The argument of the Redmond Commercial Club for creation of the
proposed County of Deschutes is erroneous in its statement of fact. The
parent county of Crook is not favorable to the creation of the proposed
new county.
At a public meeting held June 28, 1910, in Prineville, the county seat
and largest town in Crook County, the following preamble and resolution
was unanimously adopted:
"Whereas, There is being proposed by initiative petition a measure to
create a new county from the western portion of Crook County, Oregon,
which measure is to be voted upon by the electors of this State at the
next general election; and,
"Whereas, By reason of the undeveloped and sparsely settled condition
of the territory affected, the uncertainty of the permanent location of
railroads and the main avenues of transportation, and the unsettled and
unstable condition of the centers of population, the proposition to divide
Crook County at this time is clearly premature and inopportune; there-
fore, be it
"Resolved, By the citizens of Prineville and vicinity, in mass meeting
assembled, that we hereby express our most emphatic objection to said
measure and pledge ourselves to use all honorable means to defeat any
and all proposals to divide Crook County until such time as the centers
of population are sufficiently established, and the avenues of commerce
148 Pamphlet Containing Measures to be
and trade fixed to such a nextent that a division can be intelligently
accomplished."
The foregoing resolution was widely published in the press before the
affirmative argument for the proposed new County of Deschutes was
filed, and it is incredible that the Redmond Commercial Club did not
have knowledge of it and of the temper of the people.
Since that time similar resolutions opposing creation of the proposed
new County of Deschutes have been adopted by the Madras Commercial
Club (in the precinct second in number of voters in the county) and
the most populous town in the proposed new county, and by a public
meeting at Bend (the second town in the county), and there have been
numerous expressions of disapproval from other communities in Crook
County. It is entirely within the truth to say that opposition to the pro-
posed new county is general, both within the proposed boundaries and
outside of them, with the single exception of the town of Redmond itself.
Redmond has organized as an incorporated town since the petition for
the new county, naming it as the county seat, was filed.
Of the 10,163 names upon the initiative petition for the proposed new
County of Deschutes but 217 were obtained in Crook County, including
the town of Redmond.
It is unnecessary to discuss the estimates of population and taxable
values when the unfair boundary lines are considered in connection with
such careless statement of important facts.
THE MADRAS COMMERCIAL CLUB.
By A. C. Sanford, President.
C. A. Riddle, Secretary.
Submitted to Voters of Oregon November 8, 1910 149
A BILL
to be submitted to the legal electors of the state of
Oregon for their approval or rejection
AT THE
regular general election
TO BE HELD
On the Eighth Day of November, 1910,
To propose by initiative petition a law to provide methods for the creation
and organization of new towns, counties and municipal districts (ex-
cepting drainage and irrigation districts of less than one county) , for
changing the boundaries of existing counties, etc.,
By initiative petition filed in the office of the Secretary of State, July 7,
1910, in accordance with the provisions of Chapter 226,
General Laws of Oregon, 1907.
Printed in pursuance of Section 8 of Chapter 226, Laws of 1907.
Secretary of State.
The following is the form and number in which the question will be
printed on the official ballot:
PROPOSED BY INITIATIVE PETITION
A bill for an act providing for the creation of new
towns, counties, and municipal districts (excepting
drainage and irrigation districts of less than one
county) or changing the boundaries of existing
counties by a majority vote of the legal voters of the
territory within the boundaries of the proposed
municipality, and providing that 30 per cent of the
number of legal voters within such territory may
petition for the creation of a new municipal corpora-
tion, and providing for the appointm.ent of officers
and adjustment of the finances of the new corpora-
tion, and the method of procedure to create the same. Vote YES or NO.
352. Yes.
353. No.
150 Pamphlet Containing Measures to be
[On Official Ballot, Nos. 352 and 353.]
A BILL
For an act to provide methods for the creation and organization of new
towns, counties and municipal districts (excepting drainage and irri-
gation districts of less than one county), for changing the boundaries
of existing counties, and to repeal Sections 2687, 2688, and 2689 of
Bellinger and Cotton's Annotated Codes and Statutes of Oregon, and
to repeal all acts and parts of acts relating to the organization of
municipal corporations insofar as they conflict with this act.
Be it enacted by the People of the State of Oregoti:
Section 1. New towns, counties and municipal districts may be created,
and the boundaries of existing counties changed, by proceedings in sub-
stantial compliance with the provisions of this act. Not less than thirty
per cent of the whole number of legal voters registered and residing
within its proposed territory shall file with the Secretary of State their
petition for the creation of such municipal corporation, and shall deposit
with the Secretary of State such sum of lawful money as the Governor
shall estimate to be necessary to pay the expenses of the proceedings.
The total vote cast within said territory for Representative in Congress
at the last preceding general election shall be the basis on which the
number of petitioners necessary shall be computed. Said petition shall
confonn in its verification and general features as nearly as may be to
the laws governing initiative petitions, and shall contain the following
information, where applicable:
1. The name and location of the temporary county seat, town, or
temporary principal office of said municipal district.
2. The titles of the municipal officers desired.
3. Approximately the number of legal voters, the number of children
of school age, and the population resident in the desired territory.
4. Approximately the number of votes cast therein for Representative
in Congress at the last preceding general election.
5. Approximately the area and assessed valuation thereof.
6. The present rate of taxation and the rate which will be necessary
in said territory after its incorporation.
7. The whole amount of taxes now paid in said territory (exclusive
of special district levies for schools or roads), and the estimated amount
that will be necessary after its incorporation.
8. The proposed boundaries of said new town, county or municipal
district.
The petition for a new town, or for a municipal district, shall also
contain a copy of the charter proposed for said town, the powers proposed
for said municipal district, and the rules for guidance of its officers. Said
charter, powers or rules must not be amended or changed by the com-
missioners herein provided for, but may be amended or changed by the
people of said town or district after its incorporation, as provided by
law. For six weeks immediately before filing such petition the petitioners
or a committee of their number shall give printed notice, by advertisement
Submitted to Voters of Oregon November 8, 1910 151
in two newspapers of general circulation within the territory affected,
cf their intention to file said petition, and of the proposed boundaries of
said corporation; and they shall file with their petition proof of such
publication, as in the case of service of summons by publication.
Section 2. The Secretary of State shall notify the Governor when the
petitioners have complied with this act, and within thirty days thereafter
the Governor shall appoint three disinterested commissioners, who shall
not be residents, property owners nor taxp-xyers within the territory of
the proposed new town, county or municipal district, and one of whom
shall be a practicing surveyor and civil engineer. Said commissioners
shall subscribe and file with the Secretary of State an oath of office,
declaring that they will faithfully and impartially perform their duties
to the best of their ability. It shall be the duty of said commissioners
to examine all the facts bearing on the need for such new corporation,
with reference to the general welfare of the State at large, as well as
of the people locally interested. Within ninety days after their appoint-
ment they shall report to the Governor, in writing, their findings of
fact, conclusions and recommendations for or against the creation of said
new municipal corporation, v/hich report shall be filed in the office of
the Secretary of State. If the report shall be against the creation of
such corporation no further proceedings shall be taken, except that a
copy of said report shall be printed by the State Printer, and mailed by
the Secretary of State to every registered voter residing within the
territory described in the petition for such new corporation.
Section 3. If said report shall be favorable to the creation of said
new corporation, the commissioners shall define therein the boundaries
which they recommend, which may be different from those in the petition.
Within thirty days after receiving such favorable report, the Governor
shall issue his writ ordering the election within the limits described in
the commissioners' report, to the end that the legal voters therein may
decide for or against such incorporation. But if the time is within six
months of any general election, the Governor may order the question to
be placed on the general election ballot within such territory. In either
case the State Printer shall print, from copy furnished by the Secretary
of State, and bind under one cover, a sufficient number of copies of ihe
petition, the commissioners' report, and the Governor's writ of election,
and the Secretary of State shall mail to every registered voter within
the said territory, as soon as possible, one of said printed and bound
copies. Notice of such election shall be given by the county clerks of the
counties interested, in the manner provided by the general election laws.
If the proposed boundary of such new corporation shall divide any voting
precincts, the portions thereof lying within the new corporation shall be
thereby attached, for the purposes of said election, to the contiguous
voting precincts which the commissioners recommend as most convenient
for the voters therein.
Section 4. The election to decide for or against the creation and
organization of such new town, county or municipal district, shall be
152 Pamphlet Containing Measures to be
ordered, notice thereof given, and in all things conducted, as nearly as
may be, in accordance with the g-eneral election laws of Oregon, No such
petition or proceeding shall be void or be dismissed for want of strict
technical compliance with any portion of the law, where such want of
compliance does not affect the justice and right of the proceeding, or the
substantial rights of persons interested; provided, that the petitioners
have, in good faith, sought to comply with all requirements of the law.
In the case of a municipal district comprising more than one county, the
returns of the election shall be made by the several canvassing boards
of the counties interested to the State Board of Canvassers, and that
body shall declare th'D result. The Governor shall make proclamation of
the result of the election and cause it to be published for three successive
weekly publications in two newspapers of general circulation in said
territory.
Section 5. If the majority of votes cast on said question shall be
favorable the corporation shall be thereby created, and the Governor
shall, within thirty days, appoint persons to fill the local offices named
in said petition. Every such appointee shall hold his office until his suc-
cessor shall be regularly elected or appointed and qualified. The com-
pensation of said officers, until otherwise provided by law, shall be the
same as is paid by existing corporations of the same kind nearest in
assessed value to the new corporation. Immediately after the receipt of
their commissions, said appointed officers shall qualify and assume the
duties of their sevei'al offices. The governing body of the new corporation
shall obtain from the county or counties from which the new corporation
was created, certified copies of such records as may be necessary and
may contract for the same with the proper county officers of such counties
or with other persons.
Section 6. In the case of a new county all matters relating to value
and division of county property, county funds, taxes, debts, assets and
liabilities, and all pecuniary matters of difference between the new county
and the county or counties from which such new county is created, shall
be stated and settled by a board of arbitration, composed as follows:
The county court of such new county shall, at its first meeting, appoint
one person as an arbitrator, and the county court of the county from
which territory is taken for the new county, shall, at its first meeting
after creation of such new county, appoint one person to act as arbitrator,
and the Governor shall designate a Circuit Judge of a district not embrac-
ing any county from which territory is taken for the nev/ county, to act
with the arbitrators representing the counties.
The Judge appointed by the Governor as arbitrator shall preside at
the meetings of the board of arbitration, shall name the times and places
for holding such meetings, and shall, before proceeding to the work,
administer to each arbitrator an oath to faithfully and impartially per-
form the duties of his office to the best of his ability; and shall certify
to the county court of each of said counties the amounts properly due
tbe respective arbitrators as compensation, and the share to be paid by
Submitted to Voters of Oregon November 8, 1910 153
each county of the other expenses of the arbitration, which other expenses
shall be equally divided between said counties.
If the new county shall be formed of territory formerly belonging to
more than one county, each of such old counties shall, in like manner,
effect an independent adjustment and settlement with the new county.
If any county shall fail to appoint its arbitrator as herein required, or
if such arbitrator shall fail to act, the Governor shall, within thirty days
after such failure, name some suitable person to act as such arbitrator. On
completion of its work the board shall report forthwith in writing and
submit full statements of the awards and settlements agreed upon to the
county courts of the respective counties interested, which shall thereupon
carry out and give effect to the same.
Section 7. The original of every document required by this act shall
be filed with the Secretary of State, except as in this act otherwise pro-
vided, and he shall forthwith deliver a certified copy of each of said
original documents to the Governor, and also to the county clerk of each
of the counties interested. In the case of a new county, the local and
special laws affecting the county from which the greater part of the
territory comprising the new county was taken shall be operative in the
new county. Within ten days after the commissioners' report is filed,
ii it shall be favorable to the new corporation, the registration books of
the county or counties affected shall be re-opened for registration of
voters residing within the limits of the proposed corporation, and shall
be kept open for thirty days. No person shall vote on the question of
incorporation who shall not be registered as a legal voter. The expenses
of creating said new corporation, advanced by the petitioners, may be
repaid by said corporation if it is organized. The wages of the com-
missioners shall be $7.50 each per day of actual service, and all neces-
sary expenses. The wages of each county arbitrator shall be fixed and
paid by the county court appointing him or on behalf of which he acts,
and each county shall pay its proportionate share of the expenses of said
arbitration and settlement, upon certification as provided in Section 6
of this act.
Section 8. Until the next succeeding session of the legislature after
incorporation, said new county shall be attached, for legislative and
judicial purposes, to the district in which is situated the county from
which the largest portion of its territory was taken. The Judge of the
Circuit Court for the district embracing said new county, shall appoint
terms of his court for said county.
Section 9. The Governor, Secretary of State, and State Treasurer
are hereby authorized to make any rules necessary or convenient to
facilitate the operation of this act.
Section 10. Sections 2687, 2688, and '2689 of Bellinger and Cotton's
Annotated Codes and Statutes of Oregon, are hereby repealed; and all
acts and parts of acts in conflict with this act relating to the organization
of municipal corporations, insofar as they conflict herewith, are hereby
repealed.
154 Pamphlet Containing Measures to be
ARGUMENT
(affirmative)
SUBMITTED BY
THE MADRAS COMMERCIAL CLUB
in favor of the measure designated on the official ballot as follows :
PROPOSED BY INITIATIVE PETITION
A bill for an act providing for the creation of new
towns, counties, and municipal districts (excepting
drainage and irrigation districts of less than one
county) or changing the boundaries of existing
counties by a majority vote of the legal voters of
the territory within the boundaries of the proposed
municipality, and providing that 30 per cent of the
number of legal voters within such territory may
petition for the creation of a new municipal cor-
poration, and providing for the appointment of officers
and adjustment of the finances of the new corpora-
tion, and the method of procedure to create the same. Vote YES or NO.
352. Yes.
353. No.
ARGUMENT IN FAVOR OF ABOVE MEASURE.
This measure will provide a just and simple method (for which there
is pressing need) for creating and organizing new counties, without
calling upon the voters of the whole State to decide such sectional mat-
ters. The same method is made available for the new towns and mu-
nicipal districts (such as the Coos Bay Harbor district). Fruitless efforts
to get the past two legislatures to take action on such a measure prove
the necessity for going directly to the people with it.
The features of this bill are due publicity (always a guaranty of
justice and good faith), and high-grade, disinterested tribunals to decide
first the public necessity, and then, if approved, adjust the interests
affected.
Old counties will resist division of their territory, and yet in the course
of development new counties must sometimes be created. A way that
Submitted to Voters of Oregon November 8, 1910 155
will obtain justice for the old counties as well as the new, and make
these matters largely self -regulating, is provided in this bill. The re-
quirement that the petitioners must deposit money to pay the expenses
of the proceedings, which money will be lost if the movement is found
to be without merit, will discourage petty and unworthy schemes. On
the other hand, where there is real need for the town, covmty or mu-
nicipal district, it cannot be smothered without proper consideration. The
tribunal that will determine the merit of the matter will be composed of
three disinterested commissioners appointed by the Governor — men who
do not reside in and have no property in the territory affected, new or
old. Thus the commission will be as far as possible removed from the
local jealousies and prejudices and it will have power to ascertain all
the facts necessary to a correct understanding of the case. It may, if
it shall find advisable, even fix boundaries different from those described
in the original petition. This will prevent improper dismemberment of
present counties.
The public interest having been determined by this disinterested com-
mission of competent men, the question whether the voters of the pro-
posed new corporation care to assume self-government remains. To
settle this (if the commission shall report favorably as to the wider public
Interest) an election is to be held in the proposed new division alone.
By proceeding under this measure it would be possible to erect a new
county in less than six months. Neither the old county nor the new
county is permitted to sit in judgment upon the interests of the other.
The legislature cannot create a new county by special act, it being
now prohibited by the Constitution, Therefore, as matters now stand,
it is necessary to impose these questions upon the voters of the entire
State, regardless of whether they have patience to investigate the local
needs or power to obtain information if they sought it.
By this bill, if real need exists for creation of a new town, county or
district (and not otherwise) a simple and expeditious method is provided.
THE MADRAS COMMERCIAL CLUB.
By A. C. Sanford, President.
C. A. Riddle, Secretary.
156 Pamphlet Containing Measures to be
AN AMENDMENT
TO THE
constitution of the state of oregon
to be submitted to the legal electors of the state of
Oregon for their approval or rejection
AT THE
REGULAR GENERAL ELECTION
TO BE HELD
On the Eighth Day of November, 1910,
TO AMEND
Section 10 of Article XI
By initiative petition filed in the office of the Secretary of State July 7,
1910, in accordance with the provisions of Chapter 226,
General Laws of Oregon, 1907.
Printed in pursuance of Section 8 of Chapter 226, Laws of 1907.
Secretary of State.
The following is the form and number in which the question will be
printed on the official ballot:
PROPOSED BY INITIATIVE PETITION
An amendment of Section 10 of Article XI of the
Constitution of the State of Oregon, permitting coun-
ties to incur indebtedness beyond $5,000 to build
permanent roads, and providing that debts for per-
manent roads may be incurred on approval of a
majority of those voting on the question. Vote YES or NO.
354. Yes.
355. No.
Submitted to Voters of Oregon November 8, 1910 157
[On Official Ballot, Nos. 354 and 355.]
CONSTITUTIONAL AMENDMENT.
Section 10 of Article XI of the Constitution of the State of Oregon
shall be and the same hereby is amended to read as follows:
Article XL
Section 10. No county shall create any debts or liabilities which shall
singly or in the aggregate exceed the sum of five thousand dollars, except
to suppress insurrection or repel invasion, or to build permanent roads
within the county, but debts for permanent roads shall be incurred only
on approval of a majority of those voting on the question.
158 Pamphlet Containing Measures to be
ARGUMENT
(affirmative)
SUBMITTED BY
OREGON GOOD ROADS ASSOCIATION
in favor of the measure designated on the official ballot as follows :
PROPOSED BY INITIATIVE PETITION
An amendment of Section 10 of Article XI of the
Constitution of the State of Oregon, permitting coun-
ties to incur indebtedness beyond $5,000 to build
permanent roads, and providing that debts for per-
manent roads may be incurred on approval of a
majority of those voting on the question. Vote YES or NO.
354. Yes.
355. No.
ARGUMENT IN FAVOR OF THE ADOPTION OF THE "GOOD
ROADS" AMENDMENT TO THE CONSTITUTION.
Section 10 of Article XI of the Constitution reads as follows:
"Section 10, Article XI: No county shall create any debts or liabilities
which shall singly or in the aggregate exceed the sum of five thousand
dollars, except to suppress insurrection or repel invasion, but the debts
of any county at the time this Constitution takes effect shall be disre-
garded in estimating the sum to which each county is limited."
It is proposed to amend this section so as to read as follows:
"Section 10, Article XI: No county shall create any debts or liabilities
which shall singly or in the aggregate exceed the sum of five thousand
dollars, except to suppi'ess insurrection or repel invasion, or to build
permanent roads within the county, but debts for permanent roads shall
be incurred only on approval of a majority of those voting on the
question."
The amendment grants to the people of each county the power to pledge
the credit of their county for money to build permanent public roads.
The question whether or not a county should pledge its credit to raise
money for building any permanent road would be submitted to a vote
of the people of that county and would be decided by a majority vote.
The people of any county may issue bonds or warrants, or any form of
Submitted to Voters of Oregon November 8, 1910 159
obligation they desire, for such length of time and at such rate of in-
terest as they may determine; in short, this amendment is but an
additional grant of power to the people of each county to manage their
own business.
The public roads of a county are the property of the people of that
county — of all the people. The condition of these roads is of especial
importance to the farmer, for he must travel them as a necessary part
of his business as well as his pleasure. Everything he sells and everything
he buys must be hauled over these roads. It is not so much a question
to the farmer of how far he has to have his produce hauled as it is of
how long it will take him to make the trip and how much he can haul at
one load. If he has a good, smooth, hard road (good and smooth and
hard in the winter as well as in the summer) from his home to his
market place he is better off (really nearer) at ten miles than he is at
less than half that distance on the ordinai-y mud road. In every view of
the case there is nothing of greater importance to the farmer, to all
farmers, than the condition of the public roads. Good roads save time
and money, add value to the farm and make farm life more pleasant
and attractive in every way.
The Oregon State Grange, composed as it is of men who have suffered
much and for many years from bad roads, realizing the great importance
and necessity of good roads, passed the following resolution at its meeting
in Oregon City on May 17th:
"Whereas, The most important question of interest to farmers under
consideration today is the building of permanent public highways in order
to lessen the cost of transportation of farm produce to the nearest mar-
ket; therefore, be it
"Resolved, That we heartily endorse any proposal to remove any con-
stitutional restrictions on the people's power to obtain and pay for good
roads."
Not only has the Grange, by this resolution, emphasized the Importance
and necessity of good roads, but it has again declared its confidence in
the people by demanding that they be granted more power to manage
their property and affairs as they please. Let the constitutional restric-
tions upon the power of the people be removed. And that is just what
this amendment does — and that is all it does.
The purpose here is not to argue that the power granted by this amend-
ment should be used, but that the people should have the right to use it.
As said at the outset, the question is not, "Shall the people go in debt
to build roads?" but, "Shall the people have the power to do as they
please about it?" There are some counties that would build roads if
given the power to do so by this amendment, and since no county is
affected except those that want to build roads in this way is there any
reason why the people of any county should be denied this power? Is
there any reason for denying this power to the people of other counties,
even if you do not want to use it in your county? Is it safe to trust the
people with the power given them by this amendment? That is really
the only question the voter has to decide. If you are not afraid to trust
l60 Pamphlet Containing Measures to be
yourself and the people of your own county with this new power, you
will vote for this amendment. Consider the matter from this point of
view: In addition to the power of electing their public officers the people
row have the power, by the recall, of ousting them from office. The
people of the State have the power of making laws, and of annulling
laws passed by the legislature. The people of the State have the power
of changing the Constitution regardless of the action of the legislature.
If it is safe to trust these great powers to yourself and to the other
voters, is there any danger in granting to the people of each county the
power conferred by this amendment? If the people can be trusted to use
the power to make their constitution and laws, are not the people of each
county competent to manage the property and affairs of their own
county? This is a matter that appeals directly to every individual voter,
and each must decide the matter for himself. By the very act of voting
on this amendment, you are exercising a far higher power than that
given by this amendment. If you can trust yourself and can be trusted
with that power by your fellow citizens you can surely be trusted with
the power granted by this amendment. Is there any escape from the
conclusion that to vote against this amendment is to declare that you
ought not to be trusted with the very power you exercise in the casting
of that vote? In its final analysis the only question really presented to
each voter is, "Are you afraid to trust yourself and the people of your
county with the power granted by this resolution?" If you are not afraid,
vote for it.
OREGON GOOD ROADS ASSOCIATION.
Lionel R. Webster, By Dr. Andrew C. Smith, President.
Chairman Executive Committee.
Submitted to Voters of Oregon November 8, 1910 161
A BILL
To BE submitted to the legal electors of the State of
Oregon for their approval or rejection
AT THE
REGULAR GENERAL ELECTION
TO BE HELD
On the Eighth Day of November, 1910,
To propose by initiative petition a law to amend Section 2 of the Direct
Primary Nominating Elections Law which was proposed by initiative
petition and approved by the people of Oregon at the general election
in June, 1904, and pi*inted in the volume of the General Laws of Oregon
for the year 1905, at pages 7 to 50 thereof; etc.
By initiative petition filed in the office of the Secretary of State, July 7,
1910, in accordance with the provisions of Chapter 226,
General Laws of Oregon, 1907.
Printed in pursuance of Section 8 of Chapter 226, Laws of 1907.
Secretary of State.
The following is the form and number in which the question will be
printed on the official ballot:
PROPOSED BY initiative PETITION
A bill for a law to amend the direct primary law by
extending its provisions to presidential nominations,
allowing voters to designate their choice for their
party candidate for President and Vice-President;
for direct nomination of party candidates for presi-
dential electors; for election by party voters of dele-
gates to their party national nominating conventions,
each voter voting for one delegate; for payment of
delegates' actual traveling expenses, not exceeding
two hundred dollars for each delegate, and extending
the publicity rights of candidates in the State nomi-
nating and general election campaign books. Vote YES or NO.
356. Yes.
357. No.
6—
162 Pamphlet Containing Measures to be
[On Official Ballot, Nos. 356 and 357.]
A BILL
For a law to amend Ssction 2 of the Direct Primary Nominating Elections
Law which was proposed by initiative petition and approved by the
people of Oregon at the general election in June, 1904, and printed in
the volume of the General Laws of Oregon for the year 1905, at pages
7 to 50 thereof; to provide for the expression by the qualified voters
of the several political parties subject to the said direct primary law,
of their choice for nomination by their party for President and Vice-
President of the United States; to provide for and regulate direct
primary nominating elections for the election of said political parties'
delegates to their respective national conventions, and for the payment
of such delegates' necessary expenses, not exceeding two hundred dol-
lars for any delegate; for the nomination of party candidates for the
office of presidential elector; for space in the party and State campaigi
books to set forth the merits of aspirants for election and for nomina-
tion, and of candidates for the offices of President and Vice-President
of the United States, of candidates for offices to be voted for in the
State at large, and of candidates for United States Senators and
Representatives in Congi-ess.
Be it enacted by the People of the State of Orego7i:
Section 1. That Section 2 of the Direct Primary Nominating Elections
Law, which was proposed by initiative petition and enacted by the people
of Oregon at the general election in June, 1901, as the same is printed
in the volume of the General Laws of Oregon for the year 1905, at pages
7 to 50 thereof, be and the same is hereby amended to read as follows:
Section 2. On the forty-fifth day preceding any election (except
special elections to fill vacancies, presidential elections, municipal elec-
tions in towns or cities having a population of less than two thousand,
and school elections) at which public officers in this State and in any
district or county, and in any city having a population of two thousand
or more at which public officers are to be elected, except as provided in
Section 6 of this law as to time in certain cities and towns, a primary
nominating election shall be held in accordance with this law in the
several election precincts comprised within the territory for which such
officers are to be elected at the ensuing election, which shall be known
as the primary nominating election, for the purpose of choosing can-
didates by the political pai'ties, subject to the provisions of this law, for
Senator in Congress and all other elective State, district, countj', pre-
cinct, city, v;ard and all other officers, and delegates to any constitutional
convention or conventions that may hereafter be called, who are to ba
chosen at the ensuing election wholly by electors within this State or
any subdivision of this State, and also for choosing and electing the
Submitted to Voters of Oregon November 8, 1910 163
county central committeemen by the several parties subject to the pro-
visions of this law. Provided:
(a) In the years when a President and Vice-President of the United
States are to be elected, said primary nominating election shall be held
on the forty-fifth day before the first Monday in June of said year; and
all laws pertaining to the nomination of candidates, registration of voters
smd all other things incident and pertaining to the holding of the regular
biennial nominating election, shall be enforced and effected the same
number of days before the first Monday in June that they were under
the said nominating election law immediately before the change in the
date of the regular election from the first Monday in June to the first
Tuesday after the first Monday in November.
(b) When candidates for the offices of President and Vice-President
of the United States are to be nominated, every qualified elector of a
political party subject to this law shall have opportunity to vote his
preference, on his party nominating ballot, for his choice for one person
to be the candidate of his political party for President, and one person
to be the candidate of his political party for Vice-President of the United
States, either by writing the names of such persons in blank spaces to
be left on said ballot for that purpose, or by marking with a cross before
the printed names of the persons of his choice, as in the case of other
nominations. The names of any persons shall be so printed on s-sid bal-
lots solely on the petition of their political supporters in Oregon, without
such persons themselves signing any petition, signature or acceptance.
The names of persons in such political party who shall be presented by
petition of their supporters for nomination to be party candidates for
the office of President or Vice-President of the United States, shall be
pi'inted on the nominating official ballot, and the ballots shall be marked,
and the votes shall be counted, canvassed and returned in like manner
and under the same conditions as to names, petitions and other matters,
as far as the same are applicable, as the names and petitions of aspirants
for the party nominations for the office of Governor and for United
States Senator in Congress are or may be by law required to be marked,
filed, counted, canvassed and returned.
(c) The members of the political parties subject to this law shall
elect their party delegates to their national conventions for the nomina-
tion of their party candidates for President and Vice-President of the
United States, and shall nominate candidates for their party president! ,1
electors at such nominating election. The Governor shall grant a certifi-
cate of election to each of the delegates so elected, which certificates
shall show the number of votes received in the State by each person of
such delegate's political party for nomination as its candidate for Presi-
dent and Vice-President. Nominating petitions for the office of delegate
to the respective party national conventions, to be chosen and elected at
said nominating election, shall be sufficient if they contain a number
of signatures of the members of the party equal to one per cent of the
party vote in the State at the last preceding election for Representative
164 Pamphlet Containing Measures to be
in Congi-ess; provided that not more than five hundred signatures shall
be required on any such petition. Every qualified voter shall have the
right at such nominating election to vote for the election of one person
and no more to the office of national delegate for his party, and to vote
for the nominat' jn of one aspirant and no more for the office of presi-
dential elector as the candidate of his party. A number of such candi-
dates equal to the number of delegates to be elected by each party which
is subject to the provisions of this law, receiving, respectively, each for
himself, the highest number of votes for such office, shall be thereby
elected. Every political party subject to the provisions of this law shall
be entitled to nominate, at said nominating election, as many candidates
for the office of presidential elector as there are such officers to be elected;
that number of aspirants in every such party who shall receive, respec-
tively, each for himself, the highest number of votes of his party for
that nomination, shall be thereby nominated as a candidate of his political
party for the office of presidential elector.
(d) Every delegate to a national convention of a political party recog-
nized as such organization by the laws of Oregon, shall receive from the
State treasury the amount of his traveling expenses necessarily spent
in actual attendance upon said convention, as his account may be audited
and allowed by the Secretary of State, but in no case to exceed two
hundred dollars for each delegate; provided, that such expenses shall
never be paid to any greater number of delegates of any political party
than would be allowed such party under the plan by which the number
of delegates to the Republican National Convention was fixed for the
Republican party of Oregon in the year 190S. The election of such
national delegates for political parties not- subject to the Direct Primary
Nominating Elections Law shall be certified in like manner as nomina-
tions of candidates of such political parties for elective public offices.
Every such delegate to a national convention to nominate candidates for
President and Vice-President, shall subscribe an oath of office that^ he
will uphold the Constitution and laws of the United States and of the
State of Oregon, and that he wVl, as such officer and delegate, to the
best of his judgment and ability, faithfully carry out the wishes of his
political party as expressed by its voters at the time of his election.
(e) The committee or organization which shall file a petition to place
the name of any person on the nominating ballot of their political party
to be voted for by its members for expression of their choice for nomina-
tion as the candidate of such party for President or Vice-President of
the United States, shall have the right, upon payment therefor, to four
pages of printed space in the campaign books of such political party
provided for by Sections 4 and 5 of the law proposed by initiative peti-
tion and enacted by the people of Oregon at the general election in June,
1908, entitled, "A bill to propose by initiative petition a law to limit
candidates' election expenses; to define, prevent and punish corrupt and
illegal practices in nominations and elections; to secure and protect the
purity of the ballot; to amend Section 2775 of Bellinger and Cotton's
SUBMITTED TO VOTERS OF OREGON NOVEMBER 8, 1910 165
Annotated Codes and Statutes of Oregon; to provide for furnishing in-
formation to the electors and to provide the manner of conducting contests
for nominations and elections in certain cases," as printed on pages 15
to 38 of the Genei'al Laws of Oregon for the year 1909. In this space
said committee shall set forth their statement of the reasons why such
person should be voted for and chosen by the members of their party in
Oregon and in the Nation as its candidate. Any qualified elector of any
such political party who favors or opposes the nomination of any person
by his own political party as its candidate for President or Vice-President
of the United States, may have not exceeding four pages of space in his
aforesaid party nominating compaign book, at a cost of one hundred
dollars per printed page, to set forth his reasons therefor.
(f) Evei-y person regularly nominated by a political party, recognized
as such by the laws of Oregon, for President or Vice-President of the
United States, or for any office to be voted for by the electors of the
State at large, or for Senator or Representative in Congress, shall be
entitled to use four pages of printed space in the State campaign book
provided for by Sections 6 and 7 of the above entitled "Law to limit
candidates' election expenses; to define, prevent and punish corrupt and
illegal practices in nominations and elections; to secure and protect the
purity of the ballot; to amend Section 2775 of Bellinger and Cotton's
Annotated Codes and Statutes of Oregon; to provide for furnishing in-
formation to the electors and to provide the manner of conducting con-
tests for nominations and elections in certain cases," as printed on pages
15 to 38 of the volume of the General Laws of Oregon for 1909. In this
space, the candidate, or his supporters with his written permission filed
with the Secretary of State, may set forth the reasons why he should be
elected. No charge shall be made against candidates for President and
Vice-President of the United States for this printed space. The other
candidates above named shall pay at the rate of one hundred dollars per
printed page for said space, and said payment shall not be counted as
a part of the ten per cent of one year's salary that each candidate is
allowed to spend for campaign purposes. If this bill shall be approved
by the people the title of the bill shall stand as the title of the law.
166 Pamphlet Containing Measures to be
ARGUMENT
(affirmative)
SUBMITTED BY
THE PEOPLE'S POWER LEAGUE OF OREGON
in favor of the measure designated on the official ballot as follows;
PROPOSED BY INITIATIVE PETITION
A bill for a law to amend the direct primary law by-
extending its provisions to presidential nominations,
allowing voters to designate their choice for their
party candidates for President and Vice-President;
for direct nomination of party candidates for presi-
dential electors; for election by party voters of
delegates to their party national nominating conven-
tions, each voter voting for one delegate; for payment
of delegates' actual traveling expenses, not exceeding
two hundred dollars for each delegate, and extending
the publicity rights of candidates in the State nomi-
nating and general election campaign books. Vote YES or NO.
Yes.
857. No.
THE PEOPLE'S POWER LEAGUE OF OREGON
offers this argument to explain and advocate the approval by the people
of the following measures proposed by the League by
initiative petitions: "^
Off.-ial Ballot No. 356.— A bill for a law to extend the Direct Primary
Nominating Elections Law to presidential campaigns and nominations,
to delegates to national conventions and to presidential electors- by
amending Section 2.
Official Ballot No. 360. — A constitutional amendment to provide a plan
for the election of members of the Legislative Assembly by proportional
representation; increase the people's initiativ>?, referendum and recall
powers; prevent log-rolling, hasty legislation and abuse of the emergency
clause, and generally to provide for such organization of the Legislative
Assembly as will fairly represent the people of Oregon and obtain per-
formance of legislative duties.
Official Ballot No. 358. — A bill for a law to provide for impartial in-
spection and reports on State and local public offices, and publication
of such reports, and of general news of progress in government, in the
Oregon Official Gazette magazine to be mailed free to every registered
voter.
Official Ballot No. 362. — A constitutional amendment to allow three-
Submitted to Voters of Oregon No^^MBER 8, 1910 167
fourths of a jury to render a verdict in civil cases, and to generally
simplify court procedure, especially appeals to the Supreme Court.
The following list gives the names of the officers, executive committee,
and members of the People's Power League:
OFFICERS.
Ben Selling, of Portland President
George M. Orton, of Portland. Vice-President
B. Lee Paget, of Portland Treasurer
W. S. U'Ren, of Oregon City Secretary
EXECUTHE COMMITTEE.
Henry Hahn. Will Daly. C. H. Gram.
Henry E. McGinn. Harry Lane. C. E. S. Wood.
Frank Williams. H. W. Stone. Thomas G. Greene.
Charles K. Henry. Walter M. Pierce. F. McKercher.
Jonathan Boui-ne, Jr. H. J. Parkinson.
MEMBERS.
Henry E. McGinn. J. P. Rasmussen. V. R. Hyde.
Thomas G. Gi-eene. D. A. Patuilo. Henry Hahn.
F. McKercher. A. J. Dygert. W. P. Olds.
E. S. J. McAllister. R. R. Perkins. B. Lee Paget.
G. M. Orton. Fred C. King. George M. Cornwall.
H. J. Parkison. Saml. J. Secor. A. D. Cridge.
Lute Pease. J. T. Carleson. C. H. Chapman.
Ben Selling. John R. Oatfield. Lee M. Clark.
W. S. U'Ren. H. N. Ross. c. Schuebel. *
Alanson M. Hines. Harry Yanckwich. p^..^^j^ Williams.
B. E. Haney. E. C. Johnson. ^ ^ ^^^^^^^^
John F. Risley. H B. Nicholas ^^^^^ ^^^^^^^
W. T. Houser. Miller Murdock. ^ ^
Frank H. Adams. K. E. Karlson. ^^^^,^^ j. ^^^^^.^^
N. Campbell. W. E. Finzer. ^ Thiessen.
Wm. MacKenzie. Dr. D. Chambers. j j^i Windsor.
J. M. Lawrence. Geo. J. S^haefer. Walter M. Pierce.
J. F. Sinnott. H. G. Reed. O. D. Teel.
C. E. S. Wood. P. L. McKenzie. , Arthur Brock.
J. T. Hinkle. F. W. Graves. A. C. Libby.
W. A. Huntley. C. C. Cline. Will Daly.
John A. Jeffrey. R. W. Montague. H. W. Stone.
H. L. Barkley. John B. Goddard. A. C. Staten.
W. T. Euston. L. A. Crawford. C. L. Hamilton.
Albert E. Ayers. C. W. Davis. M. C. Reed.
H. Denlinger. A. J. Clarke. T. E. Kirby.
Seneca Smith. Max Michel. W. G. Eggleston.
J. Goodman. Seneca Fonts.
This league is largely composed of the same group of men who pro-
posed the initiative and referendum amendment in 1902, the direct pri-
168 Pamphlet Containing Measures to br
mary law in 1904, and home rule for cities and other measures of the
People's Power League of 1906, and the recall and other People's Power
measures in 1908. Its object is to perfect the direct power of the voters
of Oregon over their State and local government in all its branches and
officers. Many of our members were with Mr. Ed. Bingham in 1890
in his agitation for the Australian ballot law and the registration law in
1899.
We believe the approval of the above four measures by the people will
greatly strengthen and improve the necessary practical methods by which
the voters of Oregon will be able to quickly, directly and effectively use
their supreme power over the officers as well as the laws of our State
and local government, and at the same time to have accui'ate and full
loiowledge of the subjects on which they act.
DIRECT PRIMARY LAW AMENDMENT.
The purpose of the bill extending the direct primary nominations law
to presidential campaigns and nominations is to increase the people's
power in four ways:
1. Giving voters the right to express upon the official ballots, in the
primaries, their choice for their party candidates for President and Vice-
President (Section 2b).
2. Allowing all members of the political parties that are subject to
the direct primary law to elect their party delegates to their national
conventions (Section 2c).
3. Giving party voters the power to nominate their party candidates
for presidential electors (Section 2c).
4. Extending the publicity rights of candidates in the party and State
campaign books provided for by the corrupt practices law and including
the above named classes of candidates for party nominations (Section 2e).
The people of Oregon have learned, and those in other states are learn-
ing, that the power to nominate is more important than the power to
elect. When members of a party give the power of nomination to a
few delegates in a convention, they open the door for selfish inierests,
combinations and fraud to control the convention. To delegate the pov/er
of nomination is to encourage carelessness among the voters. The sys-
tem of convention nominations often causes the candidate to feel under
greater obligation to the delegates and bosses than he does to the people.
The candidate who is responsible to all the voters will give better service
to the people than one who is under obligations to a party boss, a political
machine or a few delegates.
Under the convention system, as is well known, a very few men make
up the "slate" in the primaries, and delegates to state and national con-
ventions are often chosen long before the nominating conventions are
held. It is well known, too, that men who oppose a political machine are
very seldom selected as delegates to a state or national convention.
The people of Oregon and of some other states have found that direct
Submitted to Voters of Oregon November 8, 1910 169
nominations of candidates for city, county and state officers are of benefit
to the people. The extension of the direct primary system to candidates
for President and Vice-President would be of much greater advantage to
the people because of the great power of these officers.
In Mexico today we see the result of a great federal political machine
controlled by the President. Under the convention system of appointing
delegates to the national conventions it. is possible for the same result
to be brought about by the power of our President to control office-
holders and build a huge political machine, with which he may dictate
the nomination of his successor. This will be impossible if the people
elect and instruct their own delegates and pay the necessary traveling
expenses. The total expense to the State could not exceed eight thousand
dollars at the 1912 election. It should be worth more than that to the
earners of three dollars a day or less to make it possible that they should
be represented by men of their own class in the national conventions that
nominate the party candidates for President and Vice-President. It
should be worth more than that to the man whose income is more than
three dollars a day to know that the State and his political party are not
deprived of the services of any citizen because he cannot afford to pay
his traveling expenses to the convention., and also to know that every
class of citizens within the party had an equal chance to be fairly rep-
resented among the delegates from Oregon who help to nominate the
party candidates for President and Vice-President.
In the interest of American liberty and progress, the taking over by
the people of the United States of this direct power to nominate the
candidates for President and Vice-President, is of the utmost importance.
No other power has so great influence on the daily lives and prosperity of
the citizens as the President. He is as much more important than any
State officers as the Governor is more important than the county judge.
Oregon has already developed the steps necessary for the application of
the principle of direct nominations, and now it remains only to extend
and apply these principles to the nomination of President and Vice-
President and the election of delegates to the respective national conven-
tions. When this shall be done by the Nation, the people of the United
States may directly exert and control all the influence and power nation-
ally that the people of Oregon now have in the nomination and election
of local candidates for office. The other States will very quickly follow
the example of any State that succeeds in the practical application of
these principles in its election laws.
people's power l,F.r.ISLATrVE AMENDMENT.
The proposed amendment of Article IV of the Constitution, if approved
by the voters, will increase the people's power; further restrict the powers
of the legislature and of city counciks; give legislators? a salary equal to
fair wages for their time, so that any qualified farmer, clerk, teacher
or wagp- worker can afford to serve in t.h*> 1«gislsfciir«: secure el«ct}on
170 Pamphlet Containing Measures to be
of legislators by equal proportions of the votes cast instead of by mere
pluralities or actual minorities; prevent log-rolling, hasty legislation,
abuse of the emergency clause and wasteful increase of appropriations.
Increase of People's Power. — The initiative and referendum are ex-
tended to every form of legislative act, ordinance and i-esolution. Power
to alter, amend or repeal any law is expressly reserved by the people.
The recall power of the people is -increased (in Section 3) by giving them
the right to recall the whole Legislative Assembly, or the Senate, or the
House of Representatives, or any Senators or Representatives. The
amendment increases the local initiative and referendum powers of the
people.
Abuse of the Emergency. — Section Ic provides that no emergency law
or ordinance can be made by the legislature or a city council unless three-
fourths of all the members elected vote for the emergency on a separate
roll call, and provides for referendum petitions against emergency meas-
ures; also, that an emergency shall not be declared on any measure creat-
ing or abolishing any office or to change the salary, term or duties of
any officer. Section Ic prohibits the legislature or city council from
amending or repealing any law or ordinance enacted by the people unless
three-fourths of the members of the legislature, or a city council, vote
for the repeal or amendment of the law or ordinance, as the case may be.
By Section Id every attempt to grant a franchise or use of roads,
streets or any other public propei'ty is subject to referendum by petition.
No partly private corporation, like a railroad company, will be able to
condemn property in towns or cities, and a purely private corporation
cannot be allowed to condemn any property.
Term and Salary of Legislators. — Section 2 provides that Senators and
Representatives shall be elected for a term of six yeai-s, and abolishes
the "hold-over" system for Senators. Section 28 provides that each
Senator and each Representative shall receive an annual salary of $^50.00
and the amount of his necessary fares in going to and retui'ning from the
State Capitol.
Is $330 a year too much to pay a legislator? This amendment will be
approved or rejected by the voters wlio get $3 a day or less. Four out
of five wage-workei's, teachers and farmers of Oregon do not make more
than $3 a day. These men can be elected by the proportional system of
elections, but they cannot serve in the legislature for $60 a year. A
campaign generally takes about thirty days of a candidate's time, and
if he is elected the session takes about forty more. As a rule, his cam-
paign will cost him not less than $100; expenses at Salem $100; loss of
seventy days at $3 a day means a loss of $210; total cost of serving the
people for one session, $410, and the State pays him now $120 for two
years; so the net average loss to the member is $290. Every ad iitional
day the legislator gives to the State's business is that much more loss
to himself.
Can the people afford to deprive themselves of the services of a
qualified citizen because he is too poor to make the sacrifice now neces-
Submitted to Voters of Oregon November 8, 1910 171
sary to serve them? Four out of five of the voters of Oregon cannot
afford to be candidates for the legislature. Are the teachers, farmers
and wage-workers who get $3 a day less intelligent or patriotic than
the men who get $10 or $15 a day? Is it strange that most members of
the legislature are lawyers, bankers, merchants and doctors, or profes-
sional politicians? The salary makes no difference to them. They would
be glad to take the office without any salary. Surely $350 a year is not
more salary than is necessary to make it possible for all classes of bread-
winners to be represented in the legislature of Oregon.
The reason for the six-year term is that a member of the legislature
is far more useful in his second than in his fiist session; and one who
has served several sessions is more useful than a new member. If this
amendment is adopted, every member will serve six years unless he is
so much of a failure that his people at home recall him. State Senators
are now elected for four years, and the Senate is generally believed to
be a more efficient body than the House, but it is because of the Senators'
longer experience and not because of greater natural ability.
The British House of Commons is one of the most efficient legislative
bodies in the world. Its members are elected for seven years, but they
cannot be recalled as the Oregon legislature can be if the voters approve
this amendment. With the extensive recall power reserved by the people
in this amendment, there can be no harm from the six-year term, and the
people will have all the advantages of the efficiency that comes from long
experience in legislative work. Annual sessions of the legislature are
provided because if appropriations are made for only one year at a time,
the legislators can estimate closely the State's actual needs and expenses,
but where the appropriation is for two years, a good margin must be
left for unforeseen expenses, and this is a temptation to extravagance.
The difference will more than pay for the yearly session.
Proportional Representation. — The amendment provides (Section 4)
that any candidate for State Representative shall be elected if he is voted
for by one-sixtieth of the voters of the State, and that any candidate for
State Senator shall be elected if he is vo'ted for by one-thirtieth of the
voters of the State. Section 4a provides for the nomination of candi-
dates for the Senate and House. Every voter will have the right to vote
for one candidate for State Representative itnd no more, and for one
candidate for State Senator and no more (Section 4a). No change what-
ever is made in the present form of the ballot, or the manner of voting, nor
in the counting of the ballots by the precinct judges and county clerks.
Section 4b tells how the votes are to be canvassed by the Secretary of
State for all the candidates for the legislature, and the work in his office
is very simple.
Let us take, for example, the general election of 1903 and suppose that
the whole number of votes cast in the State by the different parties for
Representatives in the Legislative Assembly is the same as at that elec-
tion for Representatives in Congress. The abstract in the Secretary of
State's office of votes for Representatives in the Legislative Assembly
172 Pamphlet Containing Measures to be
would show a total of 110,252 votes; he would divide that number by 60,
being the number of Representatives to be elected, and the quotient would
be the number of votes necessary to insure the election of one Repre-
sentative; it is called the "quota," and in this case would be 1,837 votes.
The Secretary of State would then use the quota to divide the total num-
ber of votes received by all the candidates of the Republican party in
the State; that is, he would divide 67,468 votes by the quota 1,837; the
result shows that the Republican party would have 36 full quotas of
votes and be thereby entitled to 36 seats for Representatives by full
quotas, and would have a remainder of 1,336 votes. Thirty-six Republi-
cans would thus be elected by full quotas, beginning with that Republican
candidate who had the highest number of votes for himseif and going
dov/nward to the one who had the thirty-sixth highest number of votes
for himself. In this particular example the Republican party would also
be entitled to one seat for its remainder of 1,336 votes, and this would
be given to the candidate of that party having the next highest number
of votes for himseif, so that the 37 Republican candidates, the lowest of
whom received a higher number of votes than any of the remaining 23
Republican candidates, would thereby be elected. The 23 Republican
candidates having the lowest number of votes would be defeated.
The Secretary of State would treat the votes and candidates of the
other parties in exactly the same manner. The Democrats have 28,706
votes, which divided by the quota of 1,837 would show that party entitled
to 15 scats by full quotas and there would be a remainder of 1,151 votes.
This would be the second highest remainder and the Democrats would
take one seat for that. The 16 Democrats who had personally, each for
himself, the highest number of Democratic votes, would be thereby
elected, and the remaining 44 Democratic candidates would be defeated.
The Socialists have 8,204 votes, which would entitle that party to^four
seats by full quotas and leave a remainder of 836 votes. The Prohibi-
tionists have 5,874 votes, which would entitle that party to three seats
by full quotas and would leave a remainder of 363 votes. In this example
58 Representatives would be elected by full quotas of votes in four dif-
ferent parties and two seats must be filled by remainders; these two
seats are distributed as above stated to the different parties having the
highest remainders, beginning with that one whose remainder is nearest
to the full quota of 1,837 votes.
The work would be no more difficult in the Secretary of State's cfRce
if the vote were split up among a dozen different parties, but the system
forces the existing parties to put forth as candidates their very best
men; for that reason and because every new opinion in any party is able
oy this system at every election to elect its own just proportion of the
party members, proportional representation satisfies in very great degree
the demands that under the plurality system cause the continual effort
to create new political parties. But the system proposed by this amend-
ment insures the election of any independent or new party candidate for
Representative who receives one-sixtieth of the whole vote of the State.
Submitted to Voters of Oregon November 8, 1910 173
The process is exactly the same for the election of State Senatoi's
(Section 4e), except that the whole number of votes is to be divided by
thirty instead of by sixty, because only thirty Senators are to be elected.
The theory under the plurality system is that the member v/hen elected
becomes the Representative of those v/ho opposed as vvfcll as those who
elected him. It is impractical and wrong; and legislators refuse to take
any stock in it. Where the plurality that elects a legislator v/ants one
thing, and the divided majority that failed to defeat him does not want
that thing, it is impossible for that member to represent both sides;
nevertheless, the divided majority composed of many minorities has a
right to representation ; and under this simple plan of proportional rep-
resentation these minorities will be fairly represented by members of
their own choice.
There is nothing in the amendment to prevent each party from nomi-
nating in the State a full list of sixty candidates for the office of Repre-
sentative, but the smaller parties are not likely to do so because there
v/ill be no advantage in the sacrifice. For example, Clackamas County
is a typical nominating district and the Representative section of the
ballot at the general election would look something like this:
FOR REPRESENTATIVE VOTE FOR ONE.
64 Brown, C. H. -|
Go Smith, D. C. \ Republican
C6 Young, D. C. j
G7 Lyte, R. A. .
68 Allen, A. C. I Democrat
C9 White, R. M. J
70 Linn, E. C. ■)
71 Green, F. T. I Socialist
72 Arnold, G. R. )
73 Daly, T. C. |
74 Little, O. A. I Prohibitionist
75 Tay!or,R. C. j
The following is an example of the Secretary of State's official can-
vass, except that he would give the names of the successful candidates
of each party:
Whole No. Quotas, or Remainder
of votes number of of votes
Candidates for all 60ths of the for each
in the State. candidates, whole vote. party.
Republican 60 67,468 36 1,336
Democrat 60 28,706 15 1,151
Socialists 60 8,204 4 856
Prohibitionists 60 5,874 3 363
240
110,252
58
8,686
174 PaxMphlet Containing Measures to be
Each organization is entitled to as many seats as it has full quotas of
votes; and in the above example the four different organizations get fifty-
eight seats by full quotas, two get seats by the highest remainders, and
thus the sixty seats are filled.
Section 10 provides that the Speaker of the House must be chosen by
the members but he shall not be a member. He shall not appoint standing
committees and shall have no vote. The purpose is to obtain a Speaker
who shall be a non-partisan presiding officer and nothing more than
that. He is to have no more power than the presiding officer of the
German Reichstag or the British House of Commons. The President of
the Senate is to be chosen by the Senators in the same way and to have
the same power and no more authority in the Senate. These officers will
thus have no important committee places to trade for their own election,
iind therefore will be chosen by the members solely for their qualifica-
tions and fairness.
Hasty Legislation. — The six-year term leaves no excuse for hasty leg-
islation. When a bill is introduced it is placed on the calendar and may
be passed at any session during the six-year term of that legislature, so
that there will be plenty of time for study of the bill. If a bill is intro-
duced after the twentieth day of a session it shall not be passed at that
session unless it is an emergency measure. (See Section 31.)
Lug-rolling. — Section 30 revises the oath to be taken by a legislator,
and is designed to prevent log-rolling and legislation by caucus. The
experience of the people of Oregon with Statement No. 1 gives reason
to believe that most of the legislators will keep that oath.
Section 3 >, relating to clerks for the Sanate and House committees,
will probably save $10,000 a year to the people of Oregon, as compared
with the present practice.
OFFICIAL GAZETTE BILL.
The purpose of this bill is to establish a publicly-owned magazine';' or
official gazette, to tell the people of Oregon about their State and local
government, and to create a board of three People's Inspectors of Gov-
ernment, who shall edit the gazette and perform the duties defined, in
Sections 2, 3 and 4 of the bill. Sections 3 and 4 tell what is to be published
in the gazette. Section 7 tells how the (3) People's Inspectors of Gov-
ernment are to be elected in 1912 and thereafter, and Section 6 hov/
they are to be appointed this year if the voters approve this bill. Section
8 provides for the expenses and salaries of the inspectoi's. The gazette
is to be mailed free to every registered voter; expense of publishing the
gazette is limited to $1 a year for each registered voter, and will probably
rot exceed GO cents per voter.
How can all the voters get all the important news of government?
Congress publishes the Congressional Record, which tells what is said
in Congress but does not give the much more important information as
to what is done; the Department of Agriculture prints thousands of
valuable reports for free distribution; the Treasury Department prints
Submitted to Voters of Oregon November 8, 1910 175
statistical abstracts and other important news, and the Interstate Com-
merce Commission publishes valuable reports; and from all of these the
daily and weekly newspapers get important information that they publish
as news for their readers. The Governor and all other public officers
make reports, which are printed once in two years and distributed free;
but long, detailed tables of statistics make up the greater part of these
reports. The census bulletins are distributed free, and the newspapers
publish as news many columns from the census reports.
The city of Denver, Colorado, publishes "Denver Municipal Facts"
every week, and distributes the paper to the voters free. San Francisco
publishes a paper called the "Municipal Report," which is distributed
free. The purpose of all these reports is to give information to the
voters concerning their government, but most of these publications are
in some degree partisan. All of them together give only a little of the
important news of government and to only a very few of the voters.
Oregon publishes a pamphlet of measures to be voted on, with argu-
ments in favor of and against the n^easures, and mails it free to every
registei'ed voter. The proposed Oregon Official Gazette is an extension
of the State pamphlet idea in that ic is to be printed every two months,
and differs from the other experiments in providing for absolutely non-
partisan reports and all the news of government for all the voters, by
officers who have no other duties tlian those defined in the proposed bill,
who will get their offices, their authority and their appropriations directly
from the people, and are responsible directly to the people and to no
one else.
Need for Inspectors. — The people of Oregon pay $11,888,039.89 (almost
twelve million dollars) every year of direct public taxes on property; they
pay also at least another million dollars for poll and occup ition taxes
and licenses. These sums do not include any of the indirect taxes the
people of Oregon pay to support the national government. Many busi-
ness men say that if the State, county, city and district governments of
Oregon were managed under an efficient business system, the people
could get better public service for eight million dollars than they now
get for thirteen million dollars.
A number of different plans have been published showing how an
efficient business organization of State, city and county governments
could be made to save the taxpayers at least five million dollars a year.
The gazette, going every two months to every voter, will give the people
ample opportunity to consider and discuss such proposals.
By such comparison of ideas and criticism of measures as will be
possible in the gazette, the people will make a system for applying busi-
ness principles to government business. The !^-,avings by such a system
ir one year would pay the cost of the gazette for fifty years at the
estimated rate of expense.
Need for the Official Gazette. — To show the necessity for an official
gazette, which would be owned and controlled by the people of Oregon,
we quote the following from the New York Evening Post of June 9, 1910:
176 Pamphlet Containing Measures to be
"As a protest against the daily journalism with which Boston is now
favored or afflicted, one hundred and thirty-nine citizens have supplied
the capital for a new weekly entitled the Boston Common, six issues of
which have now appeared. No person is permitted to subscribe for less
than $100 or more than $1,000 worth of stock, and the names of the
stockholders can be had on application at the oflfice. The purpose of this
weekly is thus stated:
"The motive of the organization is to publish for Boston and New
England a weekly journal of politics, industry, letters and criticism, the
primary purpose of which is public sex-vice rather than private profit,
and to secure for this publication absolute fre-edom from partisanship,
sectarianism, prejudice and the control and mui;zling of "influence.'
"It is indubitably a serious state of affairs when 139 citizens, with
no desire to enter journalism as a business venture, find it necessary to
mdict not only the ability of the press but its trustworthiness. It is
evident that not one of Boston's many newspapers has convinced this
group of men of its freedom from party or personal bias and from a
malign counting-room influence."
In this connection we respectfully commend to all the voters of Oregon
the following "General Report of the Committee on Legislation" which
was unanimously approved and adopted by the Oregon State Grange,
May 17, 1910:
"We do most earnestly urge the members of our order and the voters
of Oregon, under all circumstances and at all times, to advocate and vote
for every measure which will increase the power of the people of Oregon
to control every department of their government, especially in applying
just methods of taxation and the prudent spending of public money. The
voters can never get too mvch or too direct power of self-government,
vor become too perfect in its practice."
That "knowledge is power" is as true in the science and business of
government by the people for the people as it is in any other science or
business. Through the proposed gazette magazine, every citizen can get
knowledge of government that no citizen can possibly get without it,
and can get reliable information every two months about every depart-
ment of our State and local govei'nment. The people cannot get this
information now from any source, and they cannot get it in the future
unless they pay for it themselves as a public undertaking.
This bill for the People's Inspectors of Government and Editors of the
Gazette, to be mailed to every registered voter, was most bitterly con-
demned by the Lawyers' State Bar Association at Portland in May, 1910.
About thirty-five out of more than 500 members were present. The
light that such a magazine would give all the citizens about the way.?
that are dark and the tricks that are profitable to street railroads and
other public service corporations is reason enough for the fierce opposi-
tion to this bill by all the corporation lawyers, and especially those at
the head of the State Bar Association.
JUDICIARY AMENDMENTS.
ARTICLE VII.
The purpose of this amendment is to remove restrictions on the power
of the people to make a law for any kind of court they want; to allow
Submitted to Voters of Oregon November 8, 1910 177
the people and the legislature to transfer to the circuit court the law
and probate business of the county judge in counties where that can be
done to good advantage; to simplify procedure on appeals to the Supreme
Court and remove the pretext for new trials in those cases in which sub-
stantial justice is done by the verdict and judgment, but in which the
trial court may have made a technical mistake; or if the verdict is just
and the judgment is not, to make it the duty of the Supreme Court to
enter the proper judgment, if that can be done, instead of sending the
case back for a new trial; to allow the Supreme Court to take original
jurisdiction in important cases of habeas corpus, mandamus and quo
warranto, the latter being used principally to try the title to offices; to
prevent mistrials and hung juries, by allowing three-fourths of a jury
to render a verdict in civil cases. The amendment also removes the
constitutional restrictions on the power of the people and the legislature
over the offices of the county clerk, the sheriff, the county judge, and
the district attorney.
Many states now allow a majority of the jury in civil cases to render
a verdict. Usually three-fourths of the jury is required to render a
verdict. No state has gone back to the old system of unanimous verdict
in civil cases, after having experience with the majority verdict.
President Taft speaking at St. Louis on the American Court Procedure,
said:
"No, all I am appealing for is justice and a sauare deal — not especially
for myself; indeed, I am in a position where I can get along better than
some of the rest without it; but I am appealing for justice in dealing
with all classes.
"I said all classes. Of course, practically, ^t is pretty hard to give it.
To our Socialistic friends, who are engaged in decrying our present insti-
tutions, I could furnish a good deal better ground for their complaints
than they give themselves. I have talked about this before, and it is
not a new theme with me. / think if they were to object to our adminis-
tration of justice and the delays in it arising from the traditional
methods pursued in courts, by which the wan %oith the longest purse has
the advantage, because the litigation is drawn out, they would be getting,
as the children say, 'pretty tvarm' in reaching a subject that will bear
full discussion, and upon which we shall have to have a very decided
reform."
Every voter knows of hung juries in civil cases, followed by new trials,
appeals to the Supreme Court, reversals and another new trial, and per-
haps yet another appeal to the Supreme Court. There have been such
cases in the Oregon courts. One purpose of this amendment is to make
that kind of injustice impossible in which the corporation or the rich
man wins because of the longest purse.
Respectfully submitted to the electors of Oregon by the
PEOPLE'S POWER LEAGUE OF OREGON.
178 Pamphlet Containing Measures to be
ARGUMENT
(negative)
SUBMITTED BY
E. W. McCOMAS, L. WOLDENBERG, E. J. SOMMERVILLE, R. R.
COREY, GEO. W. HYATT, FRANK E. ALLEY, W. H. RAGSDALE,
R. H. DeARMOND, J. W. DONNELLY, C. C. WILSON, C. N.
McARTHUR, L. L. MANN, TIMOTHY MAHCNEY, J. C. SMITH
and BEN FETIGROW,
opposing the measure designated on the official ballot as follows:
PROPOSED BY INITIATIVE PETITION
A bill for a law to amend the direct primary law by
extending its provisions to presidential nominations,
allowing voters to designate their choice for their
party candidate for President and Vice-President;
for direct nomination of party candidates for presi-
dential electors; for election by party voters of dele-
gates to their party national nominating conventions,
each voter voting for one delegate; for payment of
delegates' actual traveling expenses, not exceeding
two hundred dollars for each delegate, and extending
the publicity rights of candidates in the State nomi-
nating and general election campaign books. Vote YES or NO.
J56. Yes.
557. No.
THE PEOPLE ARE URGED TO VOTE "NO" ON THIS MEASURE
FOR THE FOLLOWING REASONS:
1. The delegates to political conventions are not public offi:"ials, but
are representatives of their respective political parties, and the taxpaysrs
of the State should not be called upon to pay railroad fare, hotel bills,
etc., for the.se junketing trips. If this measure is approved, there will
be an additional burden of several thousand dollars heaped upon the
shoulders of the taxpayers every four years.
2. This bill is unfair in that it recognizes only the Republican and
Democratic parties. The Socialists, Prohibitionists, and members of other
parties arc not recognized. Ii members of these last named parties go
to conventions, they must do so at their own expense, while the Republi-
Submitted to Voters of Oregon November 8, 1910 179
cans and Democrats can ride in Pullman cars and stay at high-priced
hotels at the expense of the taxpayers.
3. If this bill is approved, the time of the regular primary election
will be changed from September to April, during presidential election
years, but will be held in September during other years. This would be
an unbusinesslike arrangement, and would confuse and disarrange our
entire code of election laws, resulting in great inconvenience to the Sec-
retary of State, the county clerks and other officials; besides this, the
jiroposed arrangement would, during presidential election years, keep
the State in the throes of a political campaign from early spring until
November. Experience has proved that campaigns should be as brief
as possible and that business conditions are unsatisfactory when they
are extended over a period of several months.
The people of Oregon, at the last State election, voted to change the
primary election from April to September and the regular election from
June to November. Now a group of men, who are constantly shouting
about the "will of the people," wish to open up a question upon which
the people have already expressed themselves.
4. There is no certainty that the national convention would seat
delegates selected under the proposed arrangement. The national com-
mittee of each party usually makes its own rules and regulations govern-
ing the selection of delegates.
5. This measure is proposed by a gi'oup of men whose leaders are
disgruntled because they were not sent as delegates to the Chicago con-
vention in 1908. They assume to themselves all political virtue and
purity, looking upon those who do not agree with their fads and schemes
as undesirable citizens. They are now attempting to vent their spleen
upon the taxpayers of Oregon.
The public good demands the rejection of this measure and j'ou are
respectfully urged to vote "NO" by the undersigned citizens and tax-
payers.
E. W. McComas, Pendleton. L. Woldenberg, Canyon City.
E. J. Sonimei'ville, Pendleton. R. R. Corey, Baker City.
Geo. W. Hyatt, Enterprise. Frank E. Alley, Roseburg.
W. H. Ragsdale, Moro. R. H. De.A.rmond, C'ntario.
J. W. Donnelly, Condon. C. C. Wilson, Nyssa.
C. N. McArthur, Portland. L. L. Mann, Pendleton.
Timothy Mahoney, Portland. J. C. Smith, Grants Pass
Ben Petigrow, Portland.
180 Pamphlet Containing Measures to be
A BILL
to be submitted to the legal electors of the state of
Oregon for their approval or rejection
AT THE
REGULAR GENERAL ELECTION
TO BE HELD
On the Eighth Day of November, 1910,
To propose by initiative petition a law to create a Board of People's In-
spectors of Government; to provide for the publication and circulation
of an official gazette; to fix the salaries and define the powers
and duties of said Board of Inspectors, and
to make an appropriation.
By initiative petition filed in the office of the Secretary of State July 7,
1910, in accordance with the provisions of Chapter 226,
General Laws of Oregon, 1907.
Printed in pursuance of Section 8 of Chapter 226, Lav/s of 1907.
Secretary of State.
The following is the form and number in which the question will be
printed on the official ballot:
PROPOSED BY initiative PETITION
A bill for a law creating a Board of People's Inspectors s.
of Government, providing for publication of an official
State magazine, said board to be the editors and pub-
lishers thereof, the printing to be done by the State
Printer; all books of public officials subject to exam-
ination by the Board of Inspectors and reports
thereof published in said magazine; all expenses of
the board for printing and publication of the maga-
zine, salaries, etc., not to exceed one dollar for each
registered voter in the State; the magazine shall be
mailed every two months to each registered voter at
public expense. Vote YES or NO.
358. Yes.
359. No.
Submitted to Voters of Oregon November 8, 1910 181
[Official Ballot, Nos. 358 and 359.]
A BILL
For an act to create a Board of People's Inspectors of Government; to
provide for the publication and circulation of an official gazette; to fix
the salaries and define the powers and duties of said Board of In-
spectors, and to make an appropriation.
Be it enacted by the People of the State of Oregon:
Section 1. A board of three "People's Inspectors of Government,"
which shall be their official title, is hereby created, and by virtue of their
office they shall be the editors of the Oregon Official Gazette, which is
hereby established. The necessary offices for said inspectors shall be
provided by the Secretary of State at the Capitol, and they shall devote
their time exclusively to the perform.ance of their official duties. The
Oregon Official Gazette shall be published by the State from the State
Printing Office, not later than the second Friday of every second month,
beginning with the month of February, A. D. 1911, with extra numbers
in the discretion of said board, and in such form as to be entitled to entry
under the postal laws and transmission through the United States mail
as second-class matter.
Section 2. It shall be the duty of said Board of Inspectors to have
at least one of their number present at all times at every session of
each house of the Legislative Assembly, and to be watchful for any defect
or imperfection in the State and local systems of government. Upon the
demand of one member thereof the said board shall investigate and report
on the management of any public office, or of any institution supported
wholly or partly by public funds, or of any department of the State or
of any county or municipal government therein. Said board shall have
authority on such investigation to demand the production, for their exam-
ination, at all reasonable hours and without previous notice, of all public
records, books, documents, memoranda, cash and securities in the posses-
sion or under the control of any public officer or department so investi-
gated, and it shall be malfeasance in office for any public officer to refuse
or wilfully fail to comply with any such dem.and. The inspectors shall
conduct all such inspections and investigations and perform all the duties
of their office, and report through the said Gazette, solely for the infor-
mation of the people, without motive or desire for personal or partisan
advantage. It shall be the duty of said board, in all matters, to be as
fair and impartial to all citizens and officers as the Supreme Court seeks
to be betv/een parties to a suit.
Section 3. The said board shall publish in the Oregon Official Gazette,
without unnecessary delay, their own reports; any criticisms or com-
plaints, not exceeding two hundred words each, of their own official acts;
all proclamations issued by the Governor; brief and comprehensive reports
by the Governor concerning the affairs of the different departments of
182 Pamphlet Containing Measures to be
the State government; similar reports by county commissioners concern-
ing their county governments; similar reports by mayors for their city
governments; all publications that may be required by law to be mailed
to every registered voter, or to the voters of political parties, and all
said publishing shall be a sufficient compliance with said laws; all new
laws and constitutional amendments and the dates when the same will
become effective; all such laws and communications as in the judgment
of a majority of the board are worthy of publication concerning the fol-
lowing matters: Reports of local or district officers; letters and communi-
cations from citizens and public officers on all matters of common interest
relating to government, or any form of public service; letters and infor-
mation concerning the national government and law-making and the acts
of our Representatives and Senators in Congress; the results of important
experiments and developments in the science of government by other
nations, states, counties and cities; other matters that they believe will
promote the general welfare.
Section 4. All reports, letters, communications, editorials and other
matters for publication in the said Gazette shall be signed by the authors
thereof or by the persons responsible therefor, and the same shall be
public records when received, subject at all reasonable office hours to
iiispection by any citizen and to publication or comment by any journal
or newspaper. The said board shall not publish any malicious, libelous
or personally abusive communication. Said board shall so edit the Gizatte
that only matters of general interest shall be published in the edition
that is mailed to all voters, and that matters of local interest shall be
included and bound in the editions going only to the respective counties,
cities or districts locally interested.
Section 5. Every head of a family who is a registered voter and every
registered voter who is not a member of a family shall be considered sub-
scribers to the sai<i Gazette, and it shall be mailed to them at puWic
expense. Said Gazette shall not be a commercial enterprise nor a general
newspaper, and its editors shall not seek to give the general news nor
shall thy accept commercial advertising. The subscription price to be
paid by those who wish the Gazette and are not registered vvoters in Ore-
gon shall be one dollar a year, payable in advance. As nearly as prac-
ticable, the editors shall correct the mailing list of subscribers every two
months and sell printed copies thereof to any person at cost on demand.
Section 6. If this bill shall be approved by the people, it shall be the
duty of the Legislative Assembly, at its next regular session, to provide
for the election of said three People's Inspectors of Government from the
State at large. The method of election shall be by such form of propor-
tional representation of all the voters that any candidate who is the
choice of as many as one-third of the electors of the State actually voting
for inspectors shall thereby be elected. It is intended that, so far as it is
practicable, every ballot shall be effective in the election of one candidate
who is the personal preference of the elector who cast the ballot. The
board shall be elected at the regular general election in A. D. 1912 to
Submitted to Voters of Oregon November 8, 1910 183
serve two years, and at the regular general election in A. D. 1914 and
thereafter said inspectors shall be elected when the Governor is elected
and for the same term for which he shall be elected.
Section 7. If this bill shall be approved by the people, the Governor
shall, immediately after issuing his proclamation of such approval, re-
quest the executive committee of the State Grange and the executive
committee of the Oregon State Federation of Labor, respectively, each
to recommend to him the names of three persons qualified for said office;
he shall also request the presidents of the board of trade and commer-
cial organizations of Oregon to assemble at a certain time and place and
recommend to him three persons qualified for said office; all of said
recommendations shall be made in writing. The Governor shall appoint
one from each group of three persons so recommended, but if either of
such organizations shall fail to make such recommendations within thirty
days after the Governor's i-equest, the Governor shall immediately there-
after make an appointment without such recommendation. Vacancies
shall be filled in like manner. The persons appointed shall hold office
until their successors are elected and qualified.
Section 8. The bills for the expenses and salaries of said board and
for the publication of the Oregon Official Gazette shall be audited by the
Secretary of State and shall be paid from the general fund out of any
moneys not otherwise appropriated; provided, that the total amount to
be paid for any year shall not exceed the sum of one dollar for each reg-
istered voter in Oregon. The type, arrangement, papsr and printing of
said Gazette shall be as ordered by the said Board of Inspectors, except
only as to publications to be made part thereof for which the type, paper
and arrangement are designated by law. The said board is hereby author-
ized to expend such sums as may be necessary, from the above appro-
priation, not exceeding fifteen thousand dollars yearly, for expsrt ac-
countants and other assistants in making investigations. If such sum is
not sufficient the inspectors are hereby authorized to apply to the people,
by initiative petition, for such amount as they believe they need, and the
cost thereof shall be repaid from the appropriation made herein. Said
boax'd shall not apply to the Legislative Assembly for any appropriation.
11 is intended that these inspectors shall be independent of all other
officers and powers, except the people of, Oregon; that they shall not
receive official favors nor incur official obligations to any public servant
or any private citizen or corporation. If this bill shall be approved by
the people the title of the bill shall stand as the title of the law.
(Affirmative argument following No. 356 covers this measure.)
184 Pamphlet Containing Measures to be
ARGUMENT
(negative)
SUBMITTED BY
E. W. McCOMAS, BEN PETIGROW, E. J. SOMMERVILLE, L. WOL-
DENBERG, GEO. W. HYATT, R. R. COREY, FRANK E. ALLEY,
W. H. RAGSDALE, R. H. DeARMOND, J. W. DONNELLY, C. C.
WILSON, C. N. McARTHUR, L. L. MANN, TIMOTHY MAHONEY
and J. C. SMITH,
opposing the measure designated on the official ballot as follows :
PROPOSED BY INITIATIVE PETITION
A bill for a law creating a Board of People's Inspectors
of Government, providing for publication of an official
State magazine, said board to be the editors and
publishers thereof, the printing to be done by the
State Printer; all books of public officials subject to
examination by the Board of Inspectors and reports
thereof published in said magazine; all expenses of
the board for printing and publication of the maga-
zine, salaries, etc., not to exceed one dollar tor each
registered voter in the State; the magazine shall be
mailed every two months to each registered voter at
public expense. Vote YES or NO.
358. Yes.
359. No.
THE PEOPLE ARE URGED TO VOTE "NO" ON THIS MEASURE
FOR THE FOLLOWING REASONS:
1. The first and most serious objection to a boai'd of this chai'acter
Ijbs in the fact that its creation would impose an additional burden of
taxation upon the people of the State without any corresponding return.
It is estimated that the cost of this proposed board and the publication of
the proposed "Official Gazette" would amount to $100,000 per year. There
are already too many commissions, boards, offices and clerkships, and it
is high time for the inauguration of a policy of retrencJiment, rather than
a multiplication of fat-salaried jobs.
2. Jt is highly prob8l>Ie that a large percentage of copies of the pro-
popefl "OfBcial Gazette" would be thrown away or deptroyed without bwintj
Submitted to Voters of Oregon November 8, 1910 185
read. Through the medium of the newspapers there is now a constant
discussion of the conduct of our public men and public institutions, prin-
cipally by men who have no favors to ask and who are ever ready to
exercise a censorship over all public matters. This wide-spread discus-
sion, coupled with the system of grand jury investigation and the recall
power, gives a more genuine assurance of an honest administration of
public affairs than the publication of an "Official Gazette."
3. Under the conditions proposed, two of the "People's Inspectors of
Government" would come from the same political party, and there is
absolutely no guarantee that their publication will be "non-partisan";
on the other hand, it would undoubtedly be partisan in its nature and
in sympathy with the dominant party.
4. There is no guarantee that the "People's Inspectors of Government"
will be any more honest, faithful or efficient than the Governor, Attorney
"General or members of the legislature. The authors of this bill would
have us believe that the "Inspectors" will be angelic creatures, and that
their every act will be perfect and beyond criticism. Carrying out their
scheme to its logical conclusion, there should bo a second board of "Peo-
ple's Inspectors of Government," whose function it should be to exercise
control over the first board, and so on ad infinitum.
5. Section 7 of this proposed bill virtually provides that the State
Grange, the State Federation of Labor and the commercial clubs of the
State shall name the first board of "People's Inspectors of Government"
whose members are to serve for two years. Why confer this important
power upon the State Grange, the State Federation of Labor and the
commercial clubs, when there are thousands of intelligent and patriotic
men in the State who do not belong to any of these organizations, and
who are equally entitled to political recognition? This looks like class
distinction.
The undersigned citizens and taxpayers advise that you vote "No"
and keep this freak measure off the statxite books of our State.
Respectfully submitted,
E. W. McComas, Pendleton. L. Woldenberg, Canyon City.
E. J. Sommerville, Pendleton. R. R. Corey, Baker City.
Geo. W. Hyatt, Enterprise. Frank E. Alley, Roseburg.
W. H. Ragsdale, Moro. R. H. DeArmond, Ontario.
J. W. Donnelly, Condon. C. C. Wilson, Nyssa.
C. N. McArthur, Portland. L. L. Mann, Pendleton.
Timothy ]\Iahoney, Portland. J. C. Smith, Grants Pass.
Ben Petigrow, Portland.
186 Pamphlet Containing Measures to be
AN AMENDMENT
TO THE
constitution of the state of oregon
to be submitted to the legal electors of the state of
Oregon for their approval or rejection
AT THE
REGULAR general ELECTION
TO BE HELD
On the Eighth Day of November, 1910,
TO AMEND
Article IV
By initiative petition filed in the office of the Secretary of State, July 7,
1910, in accordance with the provisions of Chapter 226,
General Laws of Oregon, 1907,
Printed in pursuance of Section 8 of Chapter 226, Laws of 1907.
Secretary of State.
The following is the foi-m and number in which the question will be
printed on the official ballot:
PROPOSED BY initiative PETITION
For an amendment of Article IV, Constitution of
Oregon, increasing initiative, referendum, and recall
powers of the people; restricting use of emergency
clause and veto power on State and municipal legis-
lation ; requiring proportional election of members of
Legislative Assembly from the State at large, annual
sessions, and increasing members' salaries and terms
of office; providing for election of Speaker of House
and President of Senate, outside of members; restrict-
ing corporate franchises to twenty years; providing
ten dollars penalty for unexcused absence from any
roll call, and changing form of oath of office to pro-
vide against so-called legislative log-rolling. Vote YES or NO.
360. Yes.
SGL NoT
Submitted to Voters of Oregon November 8, 1910 187
[On Official Ballot, Nos. 360 and 361.]
CONSTITUTIONAL AMENDMENT.
Article IV of the Constitution of the State of Oregon shall be and the
same hereby is amended to read as follows:
Article IV.
LEGISLATIVE AUTHORITi'.
Section 1. The legislative authority of the State shall be vested in
the Legislative Assembly, consisting of a Senate and House of Repre-
sentatives, but the psople reserve to themselves the power to propose
legislative measures, resolutions, laws and amendments to the Consti-
tution, and to enact or reject the same at the polls, independent of the
Legislative Assem.bly, and also reserve power, at their own option, to
approve or reject at the polls any act, item, section or part of any reso-
lution, act or measure passed by the Legislative Assembly.
Section la. Initiative. The first power reserved by the people is the
initiative, and not more than eight per cent, nor in any case more than
fifty thousand, of the legal voters shall be required to propose any meas-
ure by such petition, and every such petition shall include the full text
of the measure so proposed. Initiative petitions, except for municipal
and wholly local legislation, shall be filed with the Secretary of State
not less than four months before the election at which they are to be
voted upon. If conflicting measures submitted to the people shall be
approved by a majority of the votes severally cast for and against the
same, the one receiving tbe highest number of affirmative votes shall
thereby become law as to all conflicting provisions. Proposed amend-
ments to the Constitution shall in all cases be submitted to the people for
approval or rejection.
Section lb. Referendum. The second power is the referendum, and
it may be ordered either by petition signed by the required percentage of
the legal voters, or by the Legislative Assembly as other bills are enaete'J.
Not more than five per cent, nor in any case more than thirty thousand,
of the legal voters shall be required to sign and make a valid referendum
petition.
Section Ic. Emergency. If it shall be necessary for the immediate
preservation of the public peace, health or safety that a measure shall
become effective without delay, such necessity shall be stated in ona
section, and if, by a vote of yeas and nays, three-fourths of all the mem-
bers elected to each house, or city council, as the case may be, shall vote,
on a separate roll call, in favor of the measure going into instant opera-
tion because it is necessary for the immediate preservation of the public
peace, health or safety, such measure shall become operative upon being
filed in the office of the Secretary of State, or city clerk, as the case -may
be; provided, that an emergency shall not be declared on any measure
188 Pamphlet Containing Measures to be
creating or abolishing any office, or to change the salary, term or duties
of any officer. It shall not be necessary to state in such section the facts
■which constitute the emergency. If a referendum petition be filed against
an emergency measure, such measure shall be a law until it is voted upon
by the people, and if it is then rejected by a majority of those voting upon
the question, such measure shall be thereby repealed. No statute, ordi-
nance or resolution approved by vote of the people shall be amended or
repealed by the Legislative Assembly or any city council except by a
three-fourths vote of all the members elected thereto, taken by yeas and
nays. The provisions of this section apply to city councils.
Section Id. Local Initiative and Referendum. The initiative and
referendum powers of the people are hereby further reserved to the legal
voters of each municipality and district as to all local, special and munici-
pal legislation of every character in or for their respective municipalities
and districts. Every extension, enlargement, grant or conveyance of a
franchise, or of any right, property, easement, lease or occupation of or
in any road, street, alley or park, or any part thereof, or in any real
property owned by a municipal corporation, whether the same be made
by statute, ordinance, resolution or otherwise, shall be subject to refer-
endum by petition. In the case of laws chiefly of local interest, whether
submitted by initiative or referendum petition, or by the Legislative
Assembly, as for example, the division or creation of counties, or the
creation of new or additional offices or officers, the same shall be voted
on and appi'oved or rejected only by the people of the counties chiefly
interested. Cities and towns may provide for the manner of exercising
the initiative and referendum powers as to their municipal legislation.
Not moi'e than ten per cent of the legal voters may be required to order
the referendum nor more than fifteen per cent to propose any measure
by the initiative in any city or town.
Section le. General Provisions. The filing of a referendum petitioh
against one or more items, sections or parts of any act, legislative meas-
ure, resolution or ordinance, shall not delay the remainder of the measure
fi-om becoming operative. Refei'endum petitions against measures passed
by the Legislative Assembly shall be filed with the Secretary of State
not later than ninety days after the final adjournment of the session of
the Legislative Assembly which passed the measure on which the refer-
endum is demanded. Referendum petitions shall be filed in like manner
in case the Legislative Assembly shall adjourn at any time for a period
longer than ninety days. The veto power of the Governor or mayor
shall not extend to measures initiated by or referred to the people. All
elections on general, local and special measures referred to the people of
the State or of any locality shall be had at the biennial regular general
elections, except when the Legislative Assembly shall order a special
election; but counties, cities and towns may provide for special elections
on their municipal legislation proposed by their citizens or local legisla-
tive bodies. Any measure initiated by the people or referred to the
people as herein provided shall take effect and become the law if it is
Submitted to Voters of Oregon November 8, 1910 189
approved by a majority of the votes cast thereon, and not otherwise.
Every such measure shall take effect thirty days after the election at
which it is approved. The style of all bills shall be "Be it enacted by the
people of the State of Oregon," and of ordinances "Be it ordained by the
people of" (name of municipality). The style of charter amendments
shall be similar to that used for constitutional amendments. This section
shall not be construed to deprive any member of the Legislative Assembly
or of a city council of the right to introduce any measure. The whole
number of electors who voted for Justice of the Supreme Court at the
regular election last preceding the filing of any petition for the initiative
or for the referendum shall be the basis on which the number of legal
voters necessary to sign such petition shall be computed. Petitions and
orders for the initiative and referendum shall be filed with the Secretary
of State, or in municipal elections with such other officers as may be pro-
vided by law. In submitting the same to the people, he and all other
officers shall be guided by the general laws, until additional legislation
shall be especially provided therefor.
Section 2. The Senate shall consist of thirty members, and no more,
and the House of Representatives of sixty members, and no more, who
shall be nominated, apportioned and elected in such manner and from
such districts as may be provided by law, but districts shall be composed
of contiguous territory. The term of office for Senators shall be six
years, and the term of office for Representatives shall be six years, be-
ginning on the day next after the regular general election in November,
1912, at which election thirty Senators and sixty Representatives shall
be elected, and the terms of all Senators and Representatives elected prior
thereto shall expire.
Section 3. In addition to the recall provisions of Section 18 of Article
II of this Constitution, the Legislative Assembly, or either house thereof,
or any members of either or both houses, shall be subject to recall as
herein provided. There may be required twenty-five per cent, but no
more, of the number of electors who voted in the district to which such
recall petition applies at the preceding election for Justice of the Supreme
Court, to file their petition demanding such recall with the Secretary of
State. The petition shall state the reasons for such recall in not more
than two hundred words. Upon the filing of any such petition the Sec-
retary of State shall immediately order a special general election through-
out the electoral district to which such recall petition applies, to take
place in not less than sixty days nor more than ninety days fi'om the
date of filing of said petition. Provided, that if a general election is to
occur throughout said district within not less than sixty nor more than
one hundred and twenty days after the petition is filed, the recall shall
be submitted at that election, and in such case the petition shall be suf-
ficient if signed by not less than fifteen per cent of the electors, computed
as above required; provided, further, that no such petition shall be filed
during the last six months of the term of office of any member of the
Legislative Assembly.
190 Pamphlet Containing Measures to be
Section 3a. Such election shall be to decide whether the members, the
Legislative Assembly or the House or Ssnate against which the petition
is filed, shall be recalled, and also to choose the Senators and Representa-
tives of a new Legislative Assembly, or of a new House or Senate, or
new members, as the case may be, if a majority of those voting vote for
such recall.
Section 3b. There shall be printed on the ballots for such election,
first, the usual forms and instructions to voters; second, a statement of
the reasons offered by the petitioners for said recall, in not more than
two hundred words; third, a statement, if any is offered, by the Legis-
lative Assembly, or members affected, of the reasons against said recall,
in not more than two' hundred words; fourth, the question and answers:
"Shall (name of members, the Legislative Assembly, the House of
Representatives, the Senate, as the case may be) be recalled?
"Yes.
"No."
The names of candidates for Senators and Representatives shall be
printed on the special ballot in like manner as at a regular general elec-
tion. If a recall petition shall be filed against one or miore members for
the same cause, from the same nominating district, the election shall be
in that district only, unless the reason given for the recall petition is
refusal to obey an instruction from the State.
In the case of such local recall petitions and elections, the percentage
of signers shall be computed on the number of votes cast within the
nominating district. In the case of such local recall petition, or when tha
petition is filed against one or more members named and expressly
charged with failure or refusal to obey an instruction given by the peoob
of the State, the names of such members shall be printed on the official
ballot only in the form of the recall question above provided; and the
names of such members shall not be printed on the ballot as candidates
for re-election. In the case of a recall petition against the House of
Representatives, or the Senate, or the Legislative Assembly, the names
of sitting members may be printed on the official ballot as candidates
for re-election, if any so desire.
Section 3c. If a majority of the whole number of electors who vote
on the question vote "Yes," the members, or the Legislative Assembly,
or either house thereof, as the case may be, shall be thereby recalled. The
•votes shall be counted, canvassed and returned, and certificates of elec-
tion issued to the persons entitled thereto as at regular elections for mem-
bers of the Legislative Assembly, and thereupon the newly elected and the
retained Senators and Representatives shall immediately take their seats
tc/ fill the unexpired term. If a majority vote "No," the sitting Senators
and Representatives are thereby continued in office.
Section 3d. The filing of such a recall petition requiring a general elec-
tion throughout the State, shall operate as a complete suspension of all
the powers granted by the people of Oregon to the Legislative Assembly,
until the returns of said recall election shall be canvassed and certificates
Submitted to Voters of Oregon November 8, 1910 191
(?f election issued to the persons entitled thereto; except only that in
case of emergency caused by war, insurrection or great natural calamity,
the Governor may convene the members of the said Legislative Assembly
in special session to act on questions ai'ising by reason of such emer-
gency, but they shall have no power or authority to act on any other
legislation.
Section 4. Senators and Representatives in the Legislative Assembly
shall be chosen by the legal voters, by such method of proportional rep-
resentation of all the voters that, as nearly as may be practicable, any
one-sixtieth of all the voters of the State voting for one person for Rep-
resentative shall insure his election, and any one-thirtieth of all the
voters of the State voting for one person for Senator shall insure his
election.
Section 4a. Until otherwise provided by law, candidates for the office
of Senator or Representative shall be nominated in like districts as have
been heretofore provided for their election, but they shall be elected by
the voters of the State at large. Each candidate's name shall be printed
on the official ballot in the district or districts where he is nominated,
but in no other. Any legal voter in any district may vote for a candidate
in any other district by writing or sticking on his ballot, the name, and
if necessary to distinguish him from another candidate of the same name,
the residence, political party, position or pledge of the candidate voted
for. No candidate for nomination shall circulate his petition nor p"iy for
its circulation outside of the nominating district where he resides. Every
candidate for Sanator or Representative at the general election shall have
the right to have printed with his name on the- official ballot not more
than tv/elve words to state his political party, position or pledges to the
people on any questions of public policy. No voter shall vote for moi-e
than one candidate for Representative, nor for more than one candidate
for Senator in the Legislative Assembly.
Section 4b. The votes for the election of Senators and Repi-esentative3
in the Legislative Assembly shall be counted, canvassed and returned, and
certificates of election issued, in like manner as such votes are now
counted, canvassed and returned in the election of joint Ssnators and
Representatives from districts composed of two or more counties.
Section 4c. The whole number of votes cast in the State for all can-
didates for Representative shall be divided by sixty, being the number
to be chosen, and the quotient shall be the number of votes necessary to
insure the election of one Representative, and shall be called the quota.
It shall be the duty of the Secretary of State to make computations re-
quired by the recall and px-oportional representation provisions of this
article.
Section 4d. The whole number of votes received in the State by ail
the candidates of each party for Representative shall be computed, and
each total shall be divided by said quota of election; the quotient for each
party will be the number of Representative seats to which that party is
entitled, and that number of the party candidates who have received,
192 Pamphlet Containimg Measures to be
each for himself, the full quota, or nearest to the full quota of votes, shall
be thereby elected. Any independent candidate who receives for himself
a quota of votes, or a number greater than the highest remainder of any
party, shall be thereby elected. The seat or seats that cannot be allotted
to any party or independent candidates for full quotas shall be given to
the several political parties and independent candidates having the highest
remainders, in the order of such remainders, beginning with the highest,
until the sixty seats are filled. The seat allotted to a party for a re-
mainder shall be given to the candidate of that party who has nearest
to the full quota of votes for himself.
Section 4e. The votes for candidates for Senators in the Legislative
Assembly shall be treated in like manner as the votes for Representatives,
save only that the whole number of votes cast in the State for candidates
for Senators shall be divided by thirty to obtain the quota necessary to
insure the election of a Senator.
Section 5. If any vacancy shall occur in the office of Senator or Rep-
resentative in the Legislative Assem.bly, it shall be filled by seating the
qualified candidate from the same party as that of the retiring officer,
who received for himself nearer to the quota of votes than any other
candidate of his party who was not seated, except vacancies created by
recall, which shall be filled as hereinbefore provided by this article. If
there shall not be any such qualified candidate, the Governor shall issue
writs of election to fill such vacancy, the election to be held only within
the nominating district within which the retiring officer I'esided when he
was elected.
Section 6. No person shall be a Senator or Representative who is
not a citizen of the United States at the time of his election, nor unless
he shall be at least twenty-one years of age, and a resident of this State
at least five years before his election. ^
Section 7. Appropriations for the maintenance of the State govern-
ment and all existing public institutions, and all institutions aided by
State funds, not exceeding the amount of any previous appropriation for
the same purpose, shall take effect and be available at once, but any
increase in any such appropriation shall be subject to the referendum by
petition, except in the emergency of war, insurrection or great natural
calamity.
Section 8. Senators and Representatives in all cases, except for
treason, felony, or breaches of the peace, shall be privileged from arrest
during the session of the Legislative Assembly, and in going to and
returning from the same; and shall not be subject to any civil process
during the session of the Legislative Assembly, nor during the fifteen
days next befoi"e the commencement thereof. Nor shall a member, for
words uttered in debate in either houie, be questioned in any other place.
Section 9. The sessions of the Legislative Assembly shall be held
annually at the Capital of the State, commencing at such dates as may
be provided by law.
Section 10. Each house, when assembled, shall choose and may dis-
Submitted to Voters of Oregon November 8, 1910 193
charge its own officers and standing committees, judge of the election,
qualifications and returns of its own members, determine its own rules
of proceeding, and sit upon its own adjournment; but neither house
shall, without the concurrence of the other, adjourn for more than two
days, nor to any other place than that in which it may be sitting. The
presiding officers shall not be members of the Legislative Assembly nor
hold any other office at the same time, and shall be chosen by their
respective houses. They shall not appoint standing committees, and shall
have no voice or vote on legislative busiaess. They shall preside over
the sessions of the body by which they are chosen, shall hold office during
its pleasure and shall have such powers as may be coaferred upon them
by their respective houses not contrary to the provisions of this article.
Section 11. Two-thirds of each house shall constitute a quorum to
do business, but a smaller number may meet, adjourn from day to day,
and compel the attendance of absent members. A quorum being in at-
tendance, if either house fail to effect aa organizatioa within the first
five days thereafter, the members of the house so failing shall be entitled
to no compensation from the end of the said~five days until an organi-
zation shall have beem effected.
Section 12. Each house shall keep a journal of its proceedings. The
yeas and nays on any question, shall, at the request of any two members,
be entered, together with the names of the members demanding the same,
on the journal; provided, that on a motion to adjourn, it shall require
oae-tenth of the members present to order the yeas and nays.
Section 13. The doors of each house and of all committees shall be
kept open, except only in such cases as in the opinion of either house
require secrecy, but in every such case the yeas and nays shall be entered
on the journal. Committees shall be liberal in allowing public hearings
on measures; the chairman of every committee shall notify in writing
all persons who advise the committee of their desire to be heard on any
measure i» its charge, of the time of such hearing.
Section 14. Either house may punish its members for disorderly be-
havior, and may, with the concurrence of two-thirds, expel a member;
but not a second time for the same cause.
Section 15. Either house, during its session, may punish by imprison-
meat, any person not a member, who shall have been guilty of disrespect
to the house, by disorderly or contemptuous behavior in its presence, but
such imprisonment shall not at any time exceed twenty-four hours.
Section 16. Each house shall have all powers necessary for a branch
of the legislative department of a free and independent State.
Section 17. Bills may originate in either house, but may be amended
or rejected in the other, except that bills for raising revenue shall
originate in the House of Representatives.
Section 18. Every bill shall be read by sections, on three several days,
in each house, unless, in case of emergency, two-thirds of the house where
such bill may be pending, shall, by a vote of yeas and nays, deem it
expedient to dispense with this rule; but the reading of a bill by sections
Sig. 7-
194 Pamphlet Containing Measures to be
on its final passage shall in no case be dispensed with, and the vote on
the passage of every bill or joint resolution shall be taken by yeas
and nays.
Section 19. Every act shall embrace but one subject, and matters
properly connected therewith, which subjects shall be expressed in the
title. But if any subject shall be embraced in an act which shall not be
expressed in the title, such act shall be void only as to so much thereof
as shall not be expressed in the title.
Section 20. Every act and joint resolution shall be plainly worded,
avoiding, as far as practicable, the use of technical terms.
Section 21. No act shall ever be revised or amended by mere reference
to its title, but the act revised or section amended shall be set forth and
published at full length. All laws may be altered, amended or repealed
at any time, and no law shall ever be construed to be a contract on the
part of the State or of any municipality therein. No corporate franchise
shall be granted for a longer period than twenty years.
Section 22. The Legislative Assembly shall not pass special or local
laws in any of the following enumerated cases, that is to say:
1. Regulating the jurisdiction and duties of justices of the peace, and
of constables;
2. For the punishment of crimes and misdemeanors;
8. Regulating the practice in courts of justice;
4. Providing for changing the venue in civil and criminal cases;
5. Granting divorces;
6. Changing the names of persons;
7. For laying, opening and working on highways, and for election or
appointment of supervisors; but this does not limit the right of the
Legislative Assembly to propose, nor the power of the people to approve,
any act or appropriation for highways;
8. Vacating roads, town plats, streets, alleys and public squares; ^
9. Summoning and empaneling grand and petit jurors;
10. For the assessment and collection of taxes for State, county,
township or road purposes;
11. Providing for the support of common schools, and for the preser-
vation of school funds;
12. In relation to interest on money;
13. Providing for opening and conducting the elections of State, county
or township officers, and designating the places of voting;
14. Providing for the sale of real estate belonging to minors or other
persons laboring under legal disabilities, by executors, administrators,
guardians or trustees;
15. When a general law can be made applicable;
16. The Legislative Assembly shall not enact any local or general
law extending or granting the power of eminent domain to private
corporations.
Section 23. Provision may be made by general law for bringing suit
against the State, as to all liabilities originating after or existing at the
Submitted to Voters of Oregon November 8, 1910 195
time of the adoption of this Constitution; but no special act authoriziag
such suit to be brought, or making compensation to any person claiming
damages against the State, shall ever be passed.
Section 24. A majority of all the members elected to each house shall
be necessary to pass every bill or joint resolution; and all bills and joint
resolutioHS so passed shall be sigwed by the presiding officers of the
respective houses.
Section 25. Any member of either house shall have the right to protest,
amd have his protest, with his reasons for dissent, entered on the journal.
Section 26. Every statute shall be a public law, unless otherwise
declared in the statute itself.
Section 27. No act shall take effect until ninety days from the end
of the session at which the same shall have been passed, except in cases
of emergency, which shall be declared as provided in Section Ic of this
article.
Section 28. Each member of the Legislative Assembly shall receive
for his services an annual salary of three hundred and fifty dollars,
payable at the end of each regular session. Each member shall receive
the amount of necessary fares he shall actually pay in going to and
returning from the place of meeting on the most usual route. The pre-
siding officers of the Legislative Assembly shall each receive fiye hundred
dollars per annum, with a member's allowance for travel.
Section 29. No Senator or Representative shall, during the time for
which he may have been elected, be eligible to any office the election to
which is vested in the Legislative Assembly; nor shall be appointed to any
civil office of profit which shall have been created or the emoluments of
which have been increased during such term, but this latter provision
shall not be construed to apply to any officer elective by the people.
Section 30. The members of the Legislative Assembly shall, before
they enter on the duties of their respective offices, take and subscribe the
foUovring oath of office or affirmation:
"I do solemnly swear (or affirm, as the case may be) that I will support
the Constitution of the United States and of the State of Oregon, and
that I will faithfully discharge the duties of Senator (or Representative,
as the case may be) , according to the best of my ability. I do further
affirm and promise the voters of the State of Oregon, that during my
term of office, in acting or voting as such officer upon any measure, I
will always vote solely on my judgment that the bill or resolution will
or will not advance the general welfare, and without reference to the
vote, action or caucus of members on that or any other measure, and
without any understanding (except my public pledges to the people or
instlTictions from the people) in any form with any member or person
that I will aid or be friendly to a measure in which he is interested
because he will or may be inclined to aid one in which I am interested."
Such oath may be administered by the Governor or a Judge of the
Supreme Court.
Section 31. When a bill is introduced it shall be placed upon the
196 Pamphlet Containing Measures to be
calendar and may be acted upon any time during the life of that Legis-
lative Assembly, except that bills introduced after the twentieth day of
any session shall not be passed at that session, unless they are emergency
measures. No measure, except an emergency bill, shall be passed at any
session of the Legislative Assembly until it has been printed and in the
possessioa of each house, in its final form, at least five days. No measure
shall be altered or amended on its passage through either house so as to
change its original purpose.
Section 32. Ten dollars shall be deducted from the salary of any
member for every time he fails to vote on a roll call, unless excused by
yea and nay vote of a majority of all the members of his house.
Section 33. The presiding oiricer shall make requisition, from day to
day, o» the Secretary of State, for such clerical and stenographic assist-
ants as his house may need. This shall not apply to the reading and
calendar clerks.
Section 34. A majority of the members elected to each house may at
any time unite in calling a special session of the Legislative Assembly.
Section 35. Seats and desks shall be provided on the floor of each
house for the People's Inspectors of Government, if such shall be created
by law.
Section 36. The provisions of this article shall be liberally construed
as self-executing, especially Sections 1, la, lb, Ic, Id, le, 3, 3a, 3b, 3c,
3d, 4, 4a, 4b, 4c, 4d and 4e. Any provisions of the Constitution and laws
of Oregon in conflict with this article are hereby repealed insofar as
the same conflict herewith, or any part hereof.
(AJBrmative argument following No. 356 covers this measure.)
Submitted to Voters of Oregon November 8, 1910 197
ARGUMENT
(negative)
SUBMITTED BY
WALLACE McCAMANT
opposing the measure designated on the official ballot as follows:
PROPOSED BY INITIATIVE PETITION
For an amendment of Article IV, Constitution of
Oregon, increasing initiative, referendum and recall
powers of the people; restrictiMg use of emergency
clause and veto power on State and municipal legis-
latioa; requiring proportional election of members of
Legislative Assembly from the State at large, annual
sessions, and increasing members' salaries and terms
of office; providing for election of Speaker of House
and President of Senate, outside of members ; restrict-
ing corporate franchises to twenty years; providing
ten dollars penalty for uaexcused absence from any
roll call, and changing form of oath of office to pro-
vide against so-called legislative log-rolling.
Vote YES or NO.
360. Yes.
S61. No.
ARGUMENT AGAINST AMENDMENT TO ARTICLE IV OF THE
CONSTITUTION.
ANNUAL SESSIONS OF LEGISLATURE.
To the Electors of Oregon:
The foregoing amendment provides for annual sessions of the legis-
lature (see Section 9). This means double the present expense to the
taxpayers for legislative purposes and large additional appropriations
besides, for every legislative session appropriates a good deal of money
unnecessarily. Biennial sessions of the legislature, as provided for in
the present Constitution of Oregon and in that of most other States,
have proved adequate to the public service, and there is no reason for
this change and no demand for it.
LENGTHENING OF LEGISLATI\'E TERM TO SIX YEARS.
The present Constitution provides for the election of the entire House
of Representatives and one-half of the State Senators at each biennial
State election. This provision of the present Constitution insures that
every legislature shall be fresh from the people. It is proposed in the
foregoing amendment to lengthen the legislative term to six years (see
Section 2). It is manifest that if this amendment be adopted the legis-
latures of the future will not be in close touch with the people and will
not be so responsive to .public opinion as the legislatures of the past.
If a grafter gets into the legislature six years is too long a time to
put up with him, and even a good man in the legislature vnll do better
work if he must shortly render an account to the people. We do not
198 Pamphlet Containing Measures to be
overlook the recall. But the recall will be invoked only occasionally in
flaprant cases and is not equivalent in its effect to the biennial elections
now provided for.
PROPORTIONAL REPRESENTATION.
The present Constitution provides for the distribution of the members
of the legislature among the different legislative districts in proportion
to the population, and for the election by the people of each lea:islative
district of the Representatives and Senators so apportioned to them.
The present method of electing Representatives and Senators insures
that the people of every portion of the State shall be represented in both
branches of the legislature, and that the representatives so sitting shall
be the choice of a majority of the electors in the respective legislative
districts. There are in every legislative district men who are unfit to
sit in the legislature. Some men are disqualified for service ©f this
character by temperament, some by character and some in other respects.
Under the present method of selecting legislators these unfit men are
for the most part excluded from the Legislative Assembly. They can
only be elected to the legislature by the votes of those who live in the
same legislatire district with themselves and who therefore know them
and know that they ought not to be chosen to make laws for the people.
The proposed amendment retains the legislative district as at present
provided by law, but it provides a complicated system under which some
legislative districts must remain without representation, and under which
many legislative districts must be represented by men whom the people
of these districts would never choose to represent them. It is provided
in Section 4a that:
"Any legal voter in any district may vote for a candidate in any other
district by writing or sticking on his ballot the name ... of the
candidate voted for."
That is, an elector in Multnomah County can vote for a candidate
running in Malheur County or in Jackson County. The votes of such
electors may choose the Malheur County candidate or the Jackson County
candidate, and he may sit in the legislature as the representative of
Malheur County or of Jackson County, although his support in his own
county may be trifling in the extreme and although the people of his
own county may know him to be utterly unfit to serve as a law-giver.
A man so chosen cannot, with any propriety, be called the representative
of Malheur County or Jackson County.
WILL OF MAJORITY THWARTED.
Under the present apportionment, Marion County is entitled to choose
five members of the House; Multnomah County, twelve members besides
one joint Representative. It is provided in Section 4a of the proposed
amendment that:
"No voter shall vote for more than one candidate for Representative
nor for more than one candidate for Senator in the Legislative Assembly."
It is manifest that under this system the men who would sit from
these districts and from other districts entitled to more than one Rep-
resentative would not represent the sentiment or majority voice of the
Submitted to Voters of Oregon November 8, 1910 199
people of these districts. A candidate might be out of harmony with the
wishes of the people of Marion County or of Multnomah county in most
important respects, and yet might receive ten or twenty per cent of the
vote and under this proposed amendment such a fragment of the vote
might elect him. A bill similar to the pi'oposed measure was presented
to the last legislature. Its authors attached to it an illustration of the
manner in which the measure would have worked if it had been in effect
in 1908. At the election of that year 197 Prohibitionist votes in Wasco
and Hood River Counties would have elected a member of the legislature
under this proposed measure, although the Republican vote was 2,217
and the Democratic vote 782. At the same election 391 Socialist votes
would have elected a member in Linn County under this measure as
against 2,391 Republican votes and 1,678 Democratic votes. These re-
sults would be brought about by throwing into these districts Prohibi-
tionist and Socialist votes from all over the State. A system which
permits this clearly denies to the people of these districts the representa-
tion in the legislature which their electors desire. Section 4d of the
proposed amendment would bring about this result at every election in.
some of the legislative districts.
DENIAL OF EEPRESENTATION TO CERTAIN DISTRICTS.
In stating its indictment against George III the Declaration of Inde-
pendence charges:
"He has refused to pass other laws for th^ accommodation of large
districts of people, unless those people would relinquish the right of
representation in the legislature — a right inestimable ta them, and for-
midable to tyrants only."
Our forefathers understood by the right of representation in the legis-
lature, the right of the people of each legislative district to choose by
majority vote certain men who should sit in the legislature as repre-
sentatives of that district and to whom the people of that district had a
right to look for protection. Thomas Jefferson was correct in speaking
of this right as inestinaable.
The proposed measure destroys this right. If it is adopted, at every
Legislative Assembly some legislative districts will have no representa-
tion. See Section 4d, from which it will appear that there is no attempt
to assure to each legislative district the representation to which it is
entitled. If a candidate from Yamhill County has a vote sufficiently near
the highest vote given to any candidate of his party in any part of the
State, he will be declared elected; otherwise he will be declared defeated
even though such declaration leaves Yamhill without representation and
even though the candidate has received a decisive majority of the vote
of Yamhill County. This is not right, is not American, and it will not
please the people. No man should sit in the legislature until he can win
out on a popular vote in the legislative district in which he lives, aad a.
political party should have representation ia the legislature only to the
extent of the districts which it can caiTy by vote of the people at,;a
fair election. . ^ ,,_, -^— , WALLACE McC AMANT^^
200 Pamphlet Containing Measures to be
AN AMENDMENT
TO THE
constitution of the state of oregon
to be submitted to the legal electors of the state of
Oregon for their approval or rejection
AT THE
REGULAR GENERAL ELECTION
TO BE HELD
On the Eighth Day of November, 1910,
TO AMEND
Article VII
By initiative petition filed in the office of the Secretary of State, July 7,
1910, in accordance with the provisions of Cliapter 226,
General Laws of Oregon, 1907.
Printed in pursuance of Section 8 of Chapter 226, Laws of 1907,
Secretaiy of State.
The following is the form and number in which the question will be
printed on the official ballot:
PROPOSED BY initiative PETITION ^
For amendment to the Constitution of the State of
Oregon, providing for verdict by three-fourths of jury
in civil cases; authorizing grand juries to be sum-
moned separate from the trial jury, permitting change
of judicial system by statute, prohibiting re-trial
where any evidence to support verdict; providing
for affirmance of judgment on appeal notwithstanding
error conunitted in lower court, directing Supreme
Court to enter such judgment as should have been
entered in lower court; fixing terms of Supi'eme
Court; providing judges of all courts be elected for
six years, and increasing jurisdiction of Supreme
Court. Vote YES or NO.
362. Yes.
3631 No!
Submitted to Voters of Oregon November 8, 1910 201
[On Official Ballot, Nos. 362 and 363.]
CONSTITUTIONAL AMENDMENT.
Article VII of the Constitution of the State of Oregon shall be and
the same is hereby amended to read as follows:
Article VII.
Section 1. The judicial power of the State shall be vested in one
Supreme Court and in such other courts as may from time to time be
created by law. The Judges of the Supreme and other courts shall be
elected by the legal voters of the State or of their respective districts
for a term of six years, and shall receive such compensation as may be
provided by law, which compeasation shall not be diminished during the
term for which they are elected.
Section 2. The courts, jurisdiction, and judicial system of Oregon,
except so far as expressly changed by this amendment, shall remain as
at present constituted until othei-wise provided by law. But the Supreme
Court may, in its own discretion, take original jurisdiction in mandamus,
quo warranto and habeas corpus proceedings.
Section 3. In actions at law, where the value in controversy shall
exceed twenty dollars, the right of trial by jury shall be preser\'ed, and
no fact tried by a jury shall be otherwise re-examined in any court of
this State, unless the court can affirmatively say there is no evidence to
support the verdict. Until otherwise provided by law, upon appeal of
any case to the Supreme Court, either party may have attached to the
bill of exceptions the whole testimony, the instructions of the court to
the jury, and any other matter material to the decision of the appeal.
If the Supreme Court shall be of opinion, after consideration of all the
matters thus submitted, that the judgment of the court appealed from
was such as should have been rendered in the case, such judgment shall
be affirmed, notwithstanding any error committed during the trial; or
if, in any respect, the judgment appealed from should be changed, and
the Supreme Court shall be of opinion that it can determine what judg-
ment should have been entered in the court below, it shall direct such
judgment to be entered in the same manner and with like effect as decrees
are now entered in equity cases on appeal to the Supreme Covirt. Pro-
vided, that nothing in this section shall be construed to authorize the
Suprem.e Court to find the defendant in a criminal case guilty of an
offense for which a greater penalty is provided than that of which the
accused was convicted in the lower court.
Section 4. The terms of the Supreme Court shall be appointed by
law; but there shall be one term at the seat of government annually. At
the close of each term the judges shall file with the Secretary of State
concise written statements of the decisions made at that term.
Section 5. In civil cases three-fourths of the jury may render a ver-
202 Pamphlet Containing Measures to be
diet. The Legislative Assembly shall so provide that the most competent
of the permanent citizens of the county shall be chosen for jurors; and
out of the whole number in attendance at the court, seven shall be chosen
by lot as grand jurors, five of vphom must concur to find an indictment.
But provision may be made by law for drawing and summoning the grand
jurors from the regular jury list at any time, separate from the panel
of petit jurors, and for the sitting of the grand jury during vacation as
well as session of the court, as the judge may direct. No person shall
be charged in any circuit court with the commission of any crime or
misdemeanor defined or made punishable by any of the laws of this State,
except upon indictment found by a grand jury; provided, however, that
any district attorney may file an amended indictment whenever an in-
dictment has, by a ruling of the court, been held to be defective in form.
Section 6. Public officers shall not be impeached; but incompetency,
corruption, malfeasance or delinquency in office may be tried in the same
manner as criminal offenses, and judgment may be given of dismissal
from office, and such further punishment as may have been prescribed
by law.
Section 7. Every Judge of the Supreme Court, before entering upon
the duties of his office, shall take and subscribe, and transmit to the
Secretary of State, the following oath:
"I, , do solemnly swear (or affirm) that I will
support the Constitution of the United States, and the Constitution of
the State ©f Oreg^on, and that I will faithfully and impartially discharge
the duties of a Judge of the Supreme Court of this State, according to
the best of my ability, and that I will not accept any other office, except
judicial offices, during the term for which I have been elected."
(Affirmative argument following No. 356 covers this measure.)
Submitted to Voters of Oregon November 8, 1910 203
INDEX
A
Acts: Page
Board of People's Inspectors of Government 180
Argument, affirmative 166
Argument, negative 184
Clark, to create County of 96
Argument, affirmative 101
Constitutional Convention 12
Argument, negative 18
Deschutes, to create the County of 141-142
Argument, affirmative 146
Argument, negative 147
Direct Primary Law, extension of 161-162
Argument, affirmative 166
Argument, negative 178
Eastern Oregon State Hospital 8
Argument, affirmative 11
Employees Indemnity Commission, creation of 132
Argument, negative 135
Employers' Liability 81-82
Argument, affirmative 85
Judge, Eighth Judicial District, to fix salary of 35-36
Liquor, a bill to prohibit manufacture of, etc. 120'
Argument, affirmative 125
Argument, negative 128
Multnomah-Clackamas Counties Annexation 57
Argrument, affirmative 60
Argument, negative 63
Multnomah- Washington Counties Annexation 196
Argument, negative 108
Nesmith, to create the County of 37-38
Argument, affirmative 43
Orchard, to create County of 87-88
Argument, affirmative 92
Argument, negative : 94
Oregon State Normal School, Ashland, maintenance of 109-110
Argument, affirmative Ill
Oregon State Normal School, Monmouth, maintenance of 46
Argument, affirmative 48
Oregsn State Normal School, Weston, maintenance of 103-104
Argument, affirmative 105-
204 Pamphlet Containing Measures to be
^- < .
Acts — Continued. Pftg*
Otis, to create County of 51-52
Argument, affirmative 56
Rogue River, taking of fish prohibited 136
Argument, affirmative 138
Argument, negative 139
Argument, negative ...^ 140
Towns and Counties, new, creation of 149
Argument, affirmative 154
Williams, to create County of 65
Argument, affirmative .— ; 70
Amendments to Constitution (See Constitutional Amendments).
B
Bills: (See Acts)
Board op People's Inspectors of Government 18©
ArgH-iment, affirmative 166
Argument, negative 184
c
Cities and Towns, exclusive regulation, etc 73
Argviment, affirmative 75
Argument, negative 78
Constitutional Amendments:
Cities and Towns, exclusive regulations, etc 73
Argument, affirmative 75
Argument, negative ,. 78
Constitutional Convention ........'. 12
Argument, negative 18
Creation of Railroad Districts, etc 56
Argument, affirmative 28
Electoral District for each State Senator and State
Representative '. 1.0
Argument, negative 18
Equal Suffrage 3
Argument, affirmative - 4
Argument, negative 5
Indebtedness of Counties, limitation of 156
Argument, affirmative 158
Initiative, Referendum and Recall powers, extension of... 186
Argument, affirmative 166
Argument, negative 197
Liquor, manufacture and sale of prohibited 114
Argument, affirmative 116
Argument, negative : 117
Tax Amendment (Section 32, Article I) 22
Argument, affirmative 24
Submitted to Voters of Oregon November 8, 1910 205
Constitutional Amendments — Contin\ied. P»g*
Tax Amendment (Section 1, Article IX) 33-34
Tax Amendment (To add Section la to Aiticle IX) 71
Argument, affirmative 24
Verdict by Three-fourths Jury in Civil Cases, etc 200-201
Argument, affirmative 166
Counties :
Clark, to create the County o£.— 96
Argument, affirmative 101
Counties, new, creation of 149
Argument, affirmative .-. 154
Deschutes, to create County of 141-142
Argument, affirmative 146
Argument, negative 147
Multnomah-Clackamas Counties Annexation 57
Argument, affirmative 60
Argument, negative 63
Multnomah-Washington Counties Annexation 106
Arg^ument, negative 108
Nesmith, to create the County of 37-38
Argument, affirmative 43
Orchard, to create the County of 87-88
Argument, affirmative 92
Argument, negative 94
Otis, to create the County of 51-52
Argume»t, affirmative ...— . 56
Williams, to create the County of 65
Argument, affirmative 70
Counties, Indebtedness of, limitation of 156
Argument, affirmative 158
Counties AND Towns, new, creation of 149
Argument, affirmative 154
D
Deschutes, to create the County of 141-142
Argument, affirmative 146
Argument, negative 147
Direct Primary Law, extension of 161-162
Argument, affirmative - 166
Argument, negative ■-■ 178
E
Eastern Oregon State Hospital 8
Argument, affirmative 11
Employees Indemnity Commission, creation of 132
Argument, negative 13&
Employers' Liability ..,. 81-82
Argument, affirmative 85
^06 Pamphlet Containing Measures to be
H
Pag«
Hospital, Eastern Oregon State 8
Argument, affirmative 11
I
Indebtedness of Counties, limitation 156
Argument, affirmative 158
Initiative, Referendum and Recall Powers, extension of 186
Argument, affirmative - 166
Argument, negative 197
J
Judge, Eighth Judicial District, to fix salary of 35
li
Liquor, manufacture and sale of prohibited 114
Argument, affirmative 116
Argfument, negative 128
Liquor, a bill to prohibit manufacture of, etc 120
Argument, affirmative 125
Argument, negative 128
M
Multnomah-Clackamas Counties Annexation 67
Argument, affirmative 60
Argument, negative 68
Multnomah-Washington Counties Annexation 106
Argument, negative 108
N
Nesmith, to create the County of 37-38
Argument, affirmative 48
Normal Schools:
Ashland, maintenance of 109-110
Argument, affirmative HI
Monmouth, maintenance of 46
Argument, affirmative 48
Weston, maintenance of 103-104
Argument, affirmative - • 105
o
Orchard, to create the County of 87-88
Argument, affirmative 92
Argument, negative 94
Oregon State Normal Schools:
Ashland, maintenance of 109-110
Argument, affirmative HI
Submitted to Voters op Oregon November 8, 1910 207
Oregon State Normal Schools — Continued. Pag6
Monmouth, maintenance of 46
Argument, affirm.ative 48
Weston, maintenance of 103-104
Argument, affirmative 105
Otis, to create the County of 51-52
Argument, affirmative 56
P
People's Inspectors of Government, Board of 180
Argument, affirmative 166
Argument, negative :... 184
Proportional Representation 186
Argum.ent, affirmative 166
Argument, negative 197
R
Railroad Districts, Etc., creation of 26
Argument, affirmative 28
Resolutions :
Creation of railroad districts, etc 26
Argument, affinnative 28
Electoral districts for each State Senator and State
Representative 16
Argument, negative 18
Railroad districts, etc., creation of 26
Argument, affirmative 28
Tax Amendment (Sec. 32, Article I) 22
Argument, affirmative 24
Roads, County indebtedness limitation for 156
Argument, affirmative 158
Rogue River, taking of fish prohibited 136
Argument, affirmative 138
Argument, negative 139
Argument, negative 140
s
Salary, Judge, Eighth Judicial District 35
-State Normal Schools:
Ashland, maintenance of 109-110
Argument, affirmative Ill
Monmouth, maiatenance of 46
Argument, affirmative '. 48
Weston, maintenance of 103-104
Argument, affirmative 105
208 Pamphlet Containing Measures to be
State Senators and Representatives, electoral districts, Pag
creation of 1(
Argument, negative li
T
Tax Amendment (Section 32, Article I) 21
Argument, affirmative 2^
Tax Amendment (Section 1, Article IX) 33-3^
Argument, affirmative 2'
Tax Amendment (to add Section la to Article IX) 71-7;
Towns and Counties, new, creation of 14!
Argument, affirmative 15-
V
Verdict (BY Three-fourths Jury in Civil Cases, etc., 200-20:
Argument, affirmative 16i
Williams, to create the County of 6i
Argumeat, affirmative 7(
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