Bradburn v. Wasco County

• Decision Date: 15 February 1910
• Citation: 55 Or. 539,106 P. 1018
• Parties: BRADBURN et al. v. WASCO COUNTY et al.
• Court: Oregon Supreme Court

106 P. 1018

55 Or. 539

BRADBURN et al. v. WASCO COUNTY et al.

Supreme Court of Oregon

February 15, 1910

Appeal from Circuit Court, Wasco County; W.L. Bradshaw, Judge.

Election contest proceedings by Alex Bradburn and another against Wasco County and others. From a judgment dismissing the notice of contest, plaintiffs appeal. Affirmed.

This is an appeal from the circuit court of Wasco county dismissing upon demurrer, for lack of jurisdiction, plaintiffs' notice of contest attempting to challenge by such proceedings the validity of an election held June 1, 1908, in Antelope precinct of that county, upon the question of prohibiting the sale of intoxicating liquors within the entire county submitted to the voters thereof at the general election, held on said date. The notice contains, in substance, the following averments: That the contestants are residents of and qualified voters in, Antelope precinct, and were so qualified at the date of the election; that the question to be voted upon was regularly submitted at such election by the authorities designated in the statute; that, according to the official vote, as proclaimed by the canvassing board of that county, there were 98 votes cast in that precinct, of which 50 were for, and 48 against, prohibition, but that nine persons named in the notice who voted at said election were not qualified electors, because they were residents either of another precinct of that county, or of a different county and that, therefore, their votes were illegal; and that, by reason of said illegal votes being cast in the precinct, the result of the election therein was as proclaimed by the canvassing board; but that, if said illegal votes had not been cast or counted, the result would have been against prohibition in that precinct.

M.E Miller, for appellants.

Fred W. Wilson, Dist. Atty., for respondents.

SLATER J. (after stating the facts as above).

The local option law of this state (Sess.Laws 1905, p. 41, c. 2) contains no specific provision for the contest of the result of a vote taken upon the proposition therein authorized to be submitted to the voters. It contains a general provision, however, that in all elections thereunder in all matters and proceedings not therein specified the provision of the general election laws of the state shall apply, so far as the same are applicable. Sess.Laws 1905, p. 47, c. 2, § 9. It is contended by contestants that the provisions of section 2839, B. & C. Comp., are applicable to the facts of this case, and sufficient to support the jurisdiction of the court. It provides that: "Any person wishing to contest the election of any person to any county, district, township or precinct office, may...