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About The Madras pioneer. (Madras, Crook County, Or.) 1904-current | View Entire Issue (Aug. 17, 1911)
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The Madras Pioneer Published every Thursday by THE PIONEKK PUULISHINO CO. auBSORiPTiorr rates : One year $1.G5 Six mouths M) Three months CO ADVERTISING 11ATKS ON APPLICATION Entered as second class matter August 29, 1604, at the Postofllce at Madras, Ore under the Act of Congress of March 8,1879, THURSDAY AUG. 17, 191 CITY CHARTER MUST IE AMENDED Continued from page 1. tions are requested for the pur pose of indicating the steps we deem necessary to be taken by the city preliminary to the issue of such bonds. In order to accomplish the de sired purpose, the city must first have a valid charter authorizing the erection of a system of water works and the contracting of a bonded indebtedness to supply funds for such purpose. We have before us a copy of a new charter of the city of Madras As we are now advised, the city of Madras, prior to the adoption of the new charter, had no char j i ii ler or oy-iaw provision covering the manner of exercising the initiative and referendum estab lished by the constitution of the state of Oregon. We therefore assume that the new charter was adopted under the provisions of article IV, section 1 a, of the constitution, and chapter 11 of Lord's Oregon Laws, particularly sections 3480, 3481 and 3482. The new charter was adopted February 14, 1911. As we are advised, no referendum was de manded by the people, and con sequently the charter became operative March 14, 1911. If the charter thus adopted was in full compliance with the con stitution of the state of Oregon, the next step would be the proper calling of a waterworks election unde r the provisions of said or dinance, but, as we have already indicated, in our opinion the present charter is in several im portant respects in conflict with the constitution of the state of Oregon. We have only exam ined the charter in so far as it affects the question of the pro posed bond issue, but in this re spect we note the following: 1. Section 87 of the charter undertakes to prescribe a prop erty qualification for voters at bond elections. It appears to us that under the rule laid down in Livesley v. Litchfield, 47 Ore, 249; 83 Pac. 142, such limitation of the qualification of voters is in conflict with the constitution of Oregon, article II, section 2. It is true that the case above cited refers to elections for municipal officers, but the reasoning of the case is broad enough to include all municipal elections. There fore, in the absence of a control ling judicial decision to the con trary, we must insist that the constitutional qualification be followed without limitation. The more recent case of John son v. urand Forks (Jounty, de cided by the Supreme Court of Nortli Dakota, November 13, 1907, and reported in 113 N. W. Rep. 1071, contains a general discussion of the principles in volved in this case, and reaches the same conclusion in construing constitutional provision quite similar to that of Oregon. We also beg to refer counsel for the city of Madras to The People v. Canaday, et al, 73 N. Car. 198 a case which contains a report of the briefs of counsel, and is a eading case upon the question as to whether the legislature can change the constitutional elec toral qualification. The court, in that case, reaches th,e conclusion that cities and towns, like coun ties and townships, are parts and parcels of the state, organized tor the convenience of local self government, and that the con stitutional designation of elec toral qualifications cannot be changed by statutory or munici pal charter enactment. While the cases above cited refor to the election of municipal officers, nevertheless the same principles have been applied in other elec tions. For example, in the St. Joseph and Denver City "Railroad Company v. Buchanan County Court, 39 Missouri, 485, the rule was applied as fixing tihe elec toral qualifications in a railroad, aid election case. Also in the State of Wisconsin v. Williams, 5 Wis. 308, the rule was applied in a county seat removal ase. 2. Section 12 of the charter undertakes to prescribe an elec toral qualification differerr.t from that prescribed by article ill, sec tion 2 of the constitution. With respect to this change an the electoral qualifications. ,the -case of Livesley v. Litchfield, 47 Ore. 249, is directly in point. 'The requirement of a residence of sixty days preceding an election fixes a limitation not imposed by the constitution. A limitation of this character was directlv in volved m the case of W isconsin v. Williams, above cited. In dis posing of this point, the Supreme Court of Wisconsin used the fol lowing language: We have no doubt that the qualifications of the voters, as fixed by the act, are, in respect to residence in the state, quite different from those prescribed in the constitution. The latter instrument is explicit; at provides in express terms thafc a person who possesses the olhar qualifi cations mentioned and who has resided in the state one year next preceding any election shall hn deemed a qualified elector at such election. "It seems to us clear that by requiring a residence of thirty days in the town where the elector offers to vote, the legisla ture have added a qualification not contained in the constit Jtion, and which is repugnant to its provisions. The constitution pro vides that if a person possesses certain qualifications and has re sided in the state one year next preceding any election, he shall be deemed a qualified elector at such election; while the act of the legislature in question pro vides in effect that this shall not be sufficient and that he shall in addition have resided for thirty days previous to the time when the election is holden in the town where he offers to vote An act of the legislature which deprives a person of the right to vote, although he has every qual ification which the constitution makes necessary, cannot be sus tained." The rule of law is well estab lished that where an unconstitu tional electoral qualification is involved, the entire election is void, whether the result of the election be changed by such un constitional provision or not. See cases above cited. Therefore, section 12 of the charter must be amended to con form to constitutional provisions, and if municipal .officers have been elected under said section 12, as it now stands, we could not approve bonds issued by of ficers so elected. A new election must be held under the amended section. 3. By section 5 of article XI of the Oregon" constitution, it is provided that "acts of the legis lative assembly incorporating towns and cities shall their powers of taxation, ing money, contracting di loaning their credit" time of the adoption ol ... .. .1 , going constitutional Continued on HOTEL DALLES THE DALLES, ORE. 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