Solon to fight ratification
By Brooks Dareff
Of the Emerald
Rep. Bruce Hugo, D-Scappoose, said Friday he
will take the sales tax's ratification process to court to
settle the question of its constitutionality.
Hugo said he will petition the Oregon Supreme
Court this week to conduct a judicial review of
Senate Bill 3027, which refers the 4 percent sales tax
to city councils, school boards and county commis
sions before it is considered for approval by voters.
The main intent of Hugo's petition will be to
determine if the intermediary stage of gaining local
jurisdictions' approval is "a lawful and legal delega
tion of authority,” he said.
"The (state) constitution is very clear that the
legislature can't place a measure on the ballot”
through intermediary bodies, Hugo said.
A subsidiary issue Hugo hopes to have decided is
whether the local ratification process complies with
the one-man, one-vote decision handed down by the
U.S. Supreme Court in 1962.
The ratification process outlined by SB 3027 gives
equal voting power to each local body within each
category. This means that the small town of Scap
poose has disproportionate voting power to the city
of Portland, Hugo said.
Since the bill was passed early last month, several
state and local officials have questioned the bill’s
constitutionality. Lane County Commissioner Peter
DeFazio said he didn't think intermediary referral
would "survive a legal battle."
But until now, no one has challenged the ratifica
tion process legally.
Hugo says he began considering such a test
when city councils, county commissions and school
boards in his district (Columbia and Washington
counties) started questioning whether they were re
quired to go through the ratification process.
"I told them 'I don't know the answer,'" he said.
"The sum total of filing the petition will be to
determine whether they have to — and whether they
can."
The petition wouldn't affect the local bodies that
have already considered the sales tax package, he
said.
Hugo also hopes the court will settle the ques
tion of why some local bodies have been included in
the ratification process while others have not.
"There are hundreds of local bodies not involved
in the process. Why have we singled out city coun
cils, school boards and county commissions?"
Hugo voted for referring the sales tax to the
voters. He also voted for the intermediary referral,
but, "I did so extremely reluctantly."
He calls the bill "a hurdle placed in front of the
House by the Senate," over which "frankly there was
not much debate."
"Everybody swallowed hard and let the monster
loose," he said.
Hugo expects the Oregon Supreme Court may
consider his petition in short time, because section
eight of SB 3027 specifies that the court must set
aside all its other business to hear a challenge to the
bill.
However, the court may not comply with this
directive, he says, because doing so "could establish
a horrible precedent."
"It's the legislature telling the judicial branch
how to conduct its business.”
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Pair to rock
ballroom with
'potent' reggae
Two top-rated Jamaican reggae
bands, “The Itals" and the “Roots
Radies" will perform in the EMU
Ballroom tonight, Nov. 7, at 8 p.m.
Billed "the most potent
lamaican reggae pairing of the
year," the concert matches the
highly acclaimed vocal trio, “The
Itals," on their first American tour,
with Kingston's premier session
and touring band (Roots Radies).
Tickets are on sale at the EMU
Mam Desk, Earth River Records
and Tapes, Everybody's Records,
and Face the Music. Prices are
$6.50 for University students and
$7.50 for the general public on the
day of the show.
The concert is sponsored by the
Cultural Forum.
Students honored
A Dean's Award tor Service will
be inaugurated this year as a way
of recognizing and honoring
some of the extraordinary service
contributions made by University
students, according to Shirley
Wilson, acting dean of students.
Any enrolled student is eligible
for recognition and may be
nominated by any University stu
dent, faculty or staff member.
Nominations are welcome any
time but nominations for fall term
1983 must be in Wilson's office by
Nov. 21, she says.
Nominations should be address
ed either to Wilson or to Hilda
Young, the program's director, at
364 Oregon Hall.
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