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a member of the legislative department. The legislature and the people are each equal in legislative matters. Being a member of the popular assembly, a voter should not be permitted to shirk his duty and refuse to vote. The State should exact this duty from its citizens. In other matters, the State through its process compels its citizens to perform various duties. Jurors and witnesses are compelled to attend court. Here the citizen can not plead privilege. Were it otherwise, our judicial system would fail. There is a great deal of patriotism in Americans, but not sufficient to bring them all out to the polls. Minorities should not make laws; should not elect candidates, and should not recall officers after their election. The change in the old system of government wrought by the adoption of the initiative and referendum, direct primary and recall makes compulsory voting imperative.

Conclusion. The initiative and referendum, direct primary law and the recall in use in the State of Oregon have not yet been fully tried out. Any criticism of these measures must be with the understanding that they are yet in their infancy and what the future holds in store for the citizens of the State of Oregon, no man can tell. This is certain: the people believe they have taken a long step forward in an attempt to make their State government more responsive to the popular will. They can not now retreat if they would, nor do they care to.

APPENDIX A.

The following is a copy of the sample ballot used at the recall election held in Klamath County, Oregon, June 2, 1913:

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Mark a Cross (X) between the Number and the Name of each Candidate voted for

For County Judge

12 J. R. Ritter

13 Frank Ira White

14 Wm. S. Worden

Vote for ONE

THE REASONS FOR DEMANDING THE RECALL OF WM. S. WORDEN, AS COUNTY JUDGE, AS SET FORTH IN SAID PETITION. Unlawful, unwise and inefficient management of county finances; the incurring of a large amount of unlawful in lebtedness; unnecessarily increased taxation; waste of money in county expenses; favoritism in contracting with and employing relatives of members of the county court and certain firms and corporations at a financial loss to the county; unlawful issuing and selling warrants of the county at a discount; carelessness and inefficiency in auditing bills against the county; accepting employment from corporations whose interests are opposed to the public interests and at far greater salaries than that paid by the county; inefficient and unsatisfactory

service as a county judge; failure to get value received for money spent for roads, though petitioners are not opposed to good roads; lack of ability, as shown in the past, to expend future levies for roads; inability to construct a new courthouse with economy and a due regard for cost, though petitioners are not opposed to the new courthouse and are indifferent as to its location, but only insist that it shall be built economically and that the cost shall not be excessive, which the past actions of said officer indicate that he will not be able to do.

JUDGE WM. S. WORDEN'S JUSTIFICATION OF HIS COURSE IN OFFICE.

This is not a regular election. It is an attempt to remove me from office in the middle of my term.

Two years ago you elected me on a basis of Good Roads and the building of a new courthouse on the Hot Springs site. I have kept my promises. The work has been done well and as cheaply as consistent with permanency. What has been done will not have to be done over again.

The new courthouse has been built economically and well. We have saved money for you in our plan.

I deny the accusations of the opposition on the ground that they are gross misrepresentations and intended to cloud the issue and fool the voter. No other county in the state has accomplished so much in the way of good nads. The men who are behind this recall have threatened me ever since my term of office began unless I would submit to their dictation.

The grand jury report was not correct and has been so proven relative to culvert, harness and other matters. If wrong in some, wrong in others. All I want is a square deal. The opposition will not give it.

APPENDIX B.

The following sections of the Oregon Code are referred to in the Direct Primary Law and made a part thereof so far as they do not conflict with its provisions:

3304. It shall be the duty of the county court in the several counties of the state, at the regular December term preceding the general election, to set forth and establish election precincts within the county. Said court may set off and establish within such county as many election precincts as may be deemed necessary or convenient, and they shall be designated by numbers or names; provided, that no election precinct shall contain more than 300 electors, as nearly as may be ascertained by the court, and shall particularly bound the same.

3305. The county court shall, at the regular term in January preceding a general election, appoint three judges and three clerks of election for each election precinct, to serve for the period of two years, and shall designate one judge to be chairman. Said judges and clerks shall each be duly qualified electors within the precinct for which they are appointed, able to read, write and speak the English language, not a candidate for an elective office to be voted for at the ensuing election. No more than two judges and two clerks shall be members of the same political party. At least 10 days before any election authorized by law the county court shall designate one polling place in each precinct and fill all vacancies that may happen among said judges and clerks by reason of death, removal from the precinct, disqualification or excusal by the board for good and sufficient cause. The said judges and clerks shall meet at eight o'clock a. m. at their respective polling places at the times

prescribed by law for holding a general or special election, to act as judges and clerks of such election until relieved by the second board.

3306. In all election precincts in which were cast one hundred and fifty (150) or more ballots at the last general election, or in which the county court believes that many ballots will be cast at the next general election, the county court may likewise, at said January term, appoint a second or additional board consisting of three judges and three clerks for each precinct, who shall hold their offices for two years, and who shall possess the same qualifications and exercise the same authority as the first board mentioned in Section 3305. The judges and clerks constituting the second board, for each precinct, shall meet at eight o'clock p. m. at their respective polling places as designated in the order appointing them, at the times prescribed by law for holding a direct primary election, a general or special election, and at the same hour of eight o'clock p. m. shall relieve and take the place of the said first board, and shall forthwith proceed to count and tally the ballots, in the manner prescribed by law. In case the count is not completed by eight o'clock a. m. of the next following day, the said first board shall reconvene and relieve the second board, and continue said count until eight p. m., when, if the count is not yet completed, the second board shall reconvene and again relieve the first board, and so, alternately, until said boards have fully completed the count and certified the returns. Judges and clerks constituting the first board, before being relieved by the second board at eight o'clock p. m. of the first day, shall certify and sign the poll books as required by Section 3324. The judges and clerks constituting the several boards shall number the ballots and count the tallies upon the tally sheets, as hereinafter provided, and certify the returns, so as to distinctly show the work of each board separately.

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