•X ,:.;■: lOK PUBLISHERS FLAND.ORE. .y-c w M^M ilj ^ @ >■« '-.i ^ujjvli T . I It nil III I III ti I MtllllMluiRni II 11111(11111)11)^11' I "^^m n/}^WoTo G^^ , 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 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 ; 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 saiIe 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( ^^^^'^^s^^^^^. Qv Date Due • DEMCO NO. 2«S ^ f^ \l^ "ir W ^ Q,