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About Oregon daily emerald. (Eugene, Or.) 1920-2012 | View Entire Issue (April 28, 1950)
Voting Procedure Contested <Continued from page one) Myrick explained his position: “The extension of the voting on the proposed constitutional change, prolonging the balloting two days, constitutes a most flagrant viola tion of both the letter and the spirit of the provisions of the existing constitution governing such changes. Illustrating his contention, My rick put a hypothetical case. “Suppose that in an ASUO elec tion to determine who is to be the new president, at the end of the first day of voting, a count of the votes cast reveals that Party A’s candi date is leading the Party B candi date by 100 votes,” he explained. “It is also found that 1,500 stu dents have not yet voted. Say the Executive Council is in the control of the B party, and it is known that all the A votes are in, but some stu dents have been deterred from vot ing due to the rain. “The Eecutive Council votes to extend voting for two more days to insure all students an opportunity to vote. The result is that at the end of the third day of voting, the B candidate is ahead by 400 votes. Precedent Set ? “If the continuance is allowed in this present case,” Myrick charged, “there will then be precedent for the validity of such an action at a subsequent date, and the above sit uation could well result.” The only procedure which the law students could find under which Have you tried Clingman's recently - They're Famous For • Excellent Dining • Good Dancing They are Food Specialists CLINGMAN'S 3697 Highway 99S Phone 4-6045 Expert Watch repair Quick, efficient service BRISTOWS Jewelers 620 Willamette to contest the election was the di | rections given for contesting the election of a person, given in Ar ticle 4, Section 5, Clause 8 of the present constitution. The fclause states that any quali fied voter wishing to contest the election must give notice in writ ing to the Judiciary Committee within ten days from the election, stating under oath the reason or reasons for contesting the election. This must be supported by the statement under oath of at least five qualified voters. Petition Follows Myricks’ petition, witnessed by a notary public and including a sworn affidavit signed by the five wit nesses, follows: “To the Judiciary Committee of the ASUO. I, Donald F. Myrick, be ing duly sworn, do depose and say that I hereby contest the validity of the votes cast on Thursday, the twenty-seventh day of April, 1950, and Friday, the twenty-eighth day of April, 1950, for the purpose of amending the ASUO Constitution on the following grounds: “1. Section II of Article VII of the ASUO constitution was not com plied with. Said election states: Publicity, the proposed amend ments shall be published in the Oregon Daily Emerald on two suc cessive publication days, and be voted upon by ballot of the mem bers of this association one week from the last day of publication.” Wednesday, the twenty-sixth day of April, 1950, was one week from the date of last publication. No other day meets this requirement. Votes cast on any other day are therefore invalid. “2. Section III of Article VII pro vides: ‘Adoption, A two-thirds ma jority of the ballots cast shall be necessary for the adoption of any amendment, provided that one half of the members of this associ ation cast ballots.’ “Under such a provision, a vote not cast is, in effect, a vote against. Therefore provisions prescribing the total hours that the polls are open must be strictly observed in order to avoid manipulation of the result of the election. Authority Contested “3. Clause 6 of Section V or Art icle IV does not confer upon the executive council the authority to change provisions of the constitu tion. The purpose of this clause is to enable the council to regulate the ministerial functions of the election. This clause does not pur port to establish substantive rules for elections, such rules being sta ted in other sections of the consti tution. “4.Even if Clause 6 of Section V or Article IV is construed to em power the executive council to re write the constitution, it is sub mitted that to do so after the polls have officially closed is ex post facto legislation and contrary to the public concept of fair play. “Donald F. Myrick “Vice President, Law School Stu dent Body.” An affadavit is attached to the petition, signed by five law stu dents, Donald Kelley, Dewey Wil son, Fred Risser, David Dardano, and Richard Hickok. YMCA Dance to Honor Board, Foreign Students A spring dance and social func tion sponsored by the YMCA Sat urday will honor the members of the YMCA advisory board, and a number of foreign students from the campus. The dance will start at the YM CA house. It is primarily for “Y” members and their guests. Bill Hempy is general chairman. EMERALD ADS BRING RESULTS MAYFLOWER THEATRE—NOW SHOWING THE SCREEN’S FIRST PASSION PLAY IN COLOR S3 Bible Tableaux • Cast of 3,000 TIE EIEITEST STtRY EVER TILI Continuous Showing 12:45 Daily 11 ct.m. 'THE COMFORTING CHRIST' Broadcast over KASH University Class 9:45—Fellowship 6:20 p.m. "FRIENDS OF CHRIST" Baptismal Service NEW MEMBERS NIGHT — RECEPTION FIRST BAPTIST CHURCH Bdwv at High Dr. Vance H. Webster, Pastor “BOOK OF REVELATION” Mon. at 7 :30 by Norman Olson p WE RECOMMEND OUR TASTY AND INEXPENSIVE LUNCHEONS Also A WIDE VARIETY OF FRESH CANDY BARS IBefeiSere BY LENOX For your treasured wedding china, a lovely design of delicate blue morning glories, banded with 24-karat gold. Lenox... world famous for its quality, translucency and timeless beauty ... is the china used in the White House and on the Presidential yacht. HOFFMAN’S ... Jewelers ... Broadway and Willamette EUGENE, ORE. Visit Hoffman's display of Lennox China at the Lion's Home Show APRIL 28-29 LANE COUNTY FAIRGROUNDS n