Image provided by: University of Oregon Libraries; Eugene, OR
About La Grande evening observer. (La Grande, Or.) 1904-1959 | View Entire Issue (April 1, 1912)
We have a large amount of Money to Loan i. . ..'.." ' . 1 V . ' ' . . . ... On improyed ' farm lands in Union, Baker and Wallowa Counties HILL & HIBBERD La Grande National Bank Building Complete Equipment tor Resetting ann Repairing . . - - Rubber Buggy Tires LA GRANDE IRON WORKS D. FITZGERALD, Proprietor COMPLETE MACHINE SHOPS AND FOUNDRY tarn SIXTH STfiEET DEGREE fN FULL DOCUMENT DISMISSING WBIT OP fiEVIEW QUOTED. Various Points at Iksuo Discussed by Presiding Judge. PILES CURED AT HOME BY NEW ABSORPTION METHOD. If ynii suffer from bleodlnjf, Itching, blind or pruimdiiiff. Piles, Bt'iiU mc your. uddrexti, mill 1 will tell you how to cure you rue If t homo by tho uew absorption' trenlmcnt and will nUo wiul noiiic of this homo treatment free for trlul, with references from your own locality If requeHted. linmeillnlo ro ller and permanent euro aHKiirod. Send no money, but tell otber of this offer. Wrlto today to Mrs. M. bummers, Box l Nutru Diwue, Iml. v ; BACKACHE ALMOST UNBEARABLE Is an almost certain result of kidney trouble. D, Toouioy, 803 E. Olive St.; Bloomtngton, 111., Bays: "I suffered with backache and pains in my U- j neys which were almost unbearable. 1 1 gave Foley Kidney Pills a good trial i and they done wonders for me. To- day I can do a hard day's "work and not feel the effects. ". For ale by A. ! T. JIU1. Details of the Sixth street paving decision handed down last Saturday by Circuit Judge J. W. Knowles. pre' siding at tho hearing', Is published herewith in full; ... This Is a proceeding to review the action of the city council of La Urancle in attempting to Irourove Sixth, Rtreet, between the siur.h. .'lino of Washington avunuc totue north line of K sUoi!f. in ea'd ell ', tf I. so ex pense of the abunv.u a. J. . p.ljnct'nt property--owiii'is -Tills la the eocnnd t.me that this imptnvonunt bus neen before this court i:pmr review pro ceedings. The livsi wrli i ed and, according to the record cr tilled to this court In the present-pro ceedings; the city proceedol to t& assess the property' benefited 'jy the improvement. - .Defects May Be Cured .' . Counsel for the plaintiffs, in sup- Dort of the present writ, contends that the city had .no right to go back 'to tne inception, or tne original orocoect 'nss In the re-assessment , procsed- Ings. It is well settled, In reassess ment proceedings, -that the council has a right to go back and cure all defective and Irregular proceedings In the original assessment: and may ul so cure all Jurisdictional defects. Pag" and Jones on Taxation and Assess ment, Vol. 2, Sec. 962: Dunlway vi Portland, 47 Ore. 103. Even tf the olty in the re-assessment proceeding has gone bnck further than there was any necessity In going, the '.plaintiffs were not. prejudiced In any of 'heir rights. The charter of La Grande li is peculiar In its wording for among REAL ESTATE WANTED Do you want to sell your f?rm land? Do you, want to sell your fruit ranch? Do you wani to sell your city property? LIST IT WITH US-WE WILL GET YOU RESULTS PUT A FAIR FRICE ON IT AND LET US SELL IT FOR YOU Call us up ard our representative will call on you, or come in to see us. E. S. Givens Investment Co. La Grande National Bank BIdg. After a Cold Auto Ride what could be more comforting or exhilarating than a nice cup oX 'Hot Chocolate, which you will always find ready at this season of tho year at our Soda counter? We give It to you pure and cheering, full of that goodness and nutriment so peculiar to the best quality of Chocolate. It Is a food, drink and medicine all combined, at low cost. - ,-, ' . Selder's La Grande For Interior Finish Our stock of -Coast Fir, is very complete and extensive, and we can at very short notice supply any de mand for flooring, moulding and mill work of any description. Also pine lumber, shingles, lath and roofing. Wenaha Lumber Company Phone Main 732. Greenwood and Madison. other things Sub. 9 of Sec. 35 pro vides: Charter llequlres Ite medial - Acts "It any assessment is set aside by order of any court, , the council may cause a new one to be made In like manner for the Bame purpose for the collection of the amount so assessed." The words "In like manner," may be construed to mean that,-In the re assessment of property, that all tno proceedings shall be . following as nee Rhsary in making a valid original assessment, - .. Sew District Sot Created. . Aain, it is claimed by couiiroI for ctoienriantB that, H making the origl i.n I assessment,-..-a new ln-iroveiueiil di.lnct, wns -'.yea ted lnclucln.; titter out territory than that Included In (he dlBtrlct as originally created. ; A res olution was at first adopted )iy the council in Hie original assessment proceedings declaring it expedient to Improve Sixth street from the "north" tide of WasMngton avenge to tho noun line of K slieet. OUir.r un.lsuo sequent proceedings of the couuc.l de- scribed the portion of Sixth street to be improved as commencing with the "south" line of Washington avenue and extending to the norm line of K street. The object of re-ai&ossinent proceedings la to" correct juu such such mistakes and lrregul irlt'.ea as this. Furthermore, it has bcu;. b 14 that the council, In the re-assessment proceeding!!, has the right to change the original improvement district by adding to, or excluding, tei rltory. In eluded, or not Included. In the orlgl ual Improvement district. Pago and Jones on Taxation and Assessment Vol. 2, Section 970. r Acts of Council Sot IteTlcwnble. Again, it is claimed that the re-assessment Is void ; because the com missioners appointed -'to nssoss the henellt arbitrarily nsseBsed the bone fits the samo as tho commissioners appointed under the original proceed ings. It is well Bettled that In the nb sence of fraud that the action of the commissioners and the council in as sessing the benoflts and apportioning the costs Is not reviewable by the courts. Hughes vs. city of Portland, WA Ore. 370. ;. Old Improvement 'Ordinance. Wo come, now to the consideration of the most serious question involved In . this proceeding and that is th puestlon - whether or not Ordinance No.: 4, Series of 189!i, and amendments thereto, have been Impliedly repeal ed by the adoption of the charter of the city of La . Grande; which was was- uuopled by a majority vote of the legal voters of said city on the 22nd day of June. 1909. Ordinance No. I Series of 1893, provides that notice shall be given . by publication of all proposed street Improvements by grading, graveling, planking or build lug sidewalks thereon, unless a pet! tlon shall be presented to tho council siHiied by two-thirds of the owners of the frontage along such street pro posed to be Improved; It Is admitted by the city that this ordinnnce has not been compiled with by the council In either the original proceedings or re assessment '.proceedings,, so, If tho same Is still In full force and effort the giving notice being a pre-rcquisllo to street Improvements and, therefore, jurisdictional, 'the proceedings for (lie Improvement of Sixth street would be absolutely void as well as tho pro ceedings for the Improvement of ev ery other street since the adoption or the new charter. Old, Ordinance Should Be floponlod. As lone- as the council does not deem It necessary to follow the pro visions of Ordinance No. 4. Series ol 1f93 In street improvements, It cei tnlnly would be safer for It to reneul this ordinance bo that then there could be no question about it being still In full force and effect. In passing upon the question as to whether or not Ordinance No. 4, Ser ies of 1893,. Is still In force and effect, this court must pnss upon the ques tion as a 'legal proposition and should not ... be;-Influenced bye the damaging consequences to the. citv no 'the one hand, or, on the other hand, the ques tion that unless the council Is .restrict ed bv the provisions of ordinance N 4, Series of 1893, the new charter will elve them almost unrestricted au thority In matters of street Improve ments. ,-; -.. - Council's Tower Unllnilled. We will agree with counsel for the plaintiffs that unless Ordinance No. I, Series of 1893, is still In full force and effect, tho council under.tho pres ent charter,, hns almost autocratic power over street Improvements. If Ordinance No. 4, Series of 1893, 13 not still in force and effect, the coun cil can, without any notice to the property owners, order the improve ment of property that in some cr.se" might result in the confiscation oi tholr property.' True, the property owners have a right to file a remon strance but even if the remonstrance should be signed by every property owner, the council is not required fo give heed to it. Under all the authori ties, the assessment of benefits and the apportionment of the costs of the Improvements Is left solely to the judgment of the' council, unless the property owner enn establish fraud, which is always difficult to prove. Tho present charter of the city of La flrande was not thrust upon the peo ple by the legislature but was adopted by the legal -voters of tho city them selves by means of the Initiative. Even under tho charter of Portland, . tha owners of two-thirds of the abutting property owners can defeat n pro posed street Improvement by filing a remonstrance. '-".. Ordinance Dors Xot Apply to I'liviugr Section one of ordinance 4, Series 1893, provides "That whenever , the council shall deem It. necessary to have any Btreet traded, travelled, planked or sidewalk built thereon, It I let Us Protect Your Health by putting yourplumbinginfirst-cla88 sanitary condition,: connecting it to sewer so it will pass all .sanitary laws r t . '. tiiirirri DH1 cr LWCirCL $ LICENSED PLUMBERS LA GkANDE SPRING STYLES ;of ; WALL PAPER Is now ready for inspection PAlNV'$2A0per Cao;i B. B. NUTTER Phone, R 971 Sext-to Observer Offke. shall order the same," etc. It will be noticed that nothing is said in this ordinance about paving a street. The word "paving ' Is used in section H but this ordinance gives no authority to the city to pave nny street. This ordi nance wns passed when the city was still In Its .kilts and before It assumed any metropolitan airs. As suggested by. one of the council at the argu ment, when this ordinance was passed bltuhthlc, pavement was not Invented or dreamed of. . Charter Different from Ordinnnce. The power of the council under the present charter Is conferred by Soci 37, which gives the council power "To grade, pave, plank, macadamt.e gravel, curb, or otherwise Improve,, repair, or beautify the highways, streets avenues, . lanes, alloys and sidewalks of the city and to provide for the payment of the expense there of, and levy special assessments In the manner hereinbefore provided up on property which is especially bene fited by any such Improvement that la contiguous to or abutting or f ranting upon the' highway; street, alley, lane or sidewalk to be graded, paved, planked, graveled; curbed, macada mized or otherwise improved or beau tified." t : As said before, Ordlnnnco No. 4 does not require any notice to be given in case It is proposed to Improve a street bv paving It but only In case It Is to ho '."irrnded. graveled, planked or side-, walk built thereon." : Sub. 9 of Sertio.i .t " manner In which nil sued"! nx""" nionts for any of the purposes provid ed for In suh-dlvlslon 27. 37 and 38 of this section shall he as follows:"', Then there follows a specific statement of the manner in which a special assess ment, for street Improvements shall be made and enforced. Legal Principles. Our suprome court hns held that where a statute points out a particu lar manner in doing an act that all other methods of doing the act are ex cluded. Scott vs.' Ford, 52 Ore. 288. It Is also a-familiar principle of law that, while repeals by Implication are not favored, yet where the Intention is clear that an act should be substitut ed for nil pre existing statutes, the court will so hold, In re llooths will. 40 Ore. 134. Erwln vs. Wheeler, 120 Pac. 10, JS (Ckl.) Charter iPJcpcalcd Old Ordinance. . It seems clear that it was the In tention of tiie voters In tho adoption oMbe present charter to substitute, It: In the place of all previous charters and ordinances of the city, but, In sub division 9 of Section 35 It Is declared "After a compliance with this sub-di-vlston, tho council shall be deemed to have acquired jurisdiction to order tho making of such Improvements." Counsel for the plaintiffs In this proceeding contends that the council did not acquire Jurisdiction unless thej' gave the notice as required by Ordinnnce No, 4, Series of 1893, yet this charter Itself declares otherwise. We do not believe that Ordinance No. 4. Series of 1893, is still In force and effect but vhat It was repealed by the legal voters of this city by the adop tion of tho present, charter. Other objectlops were urged to the r" assessment proceedings at the ar gument but we deem them without merit. More Lcgul Prifclplcs. A different rule applies in passing upon re-assessment proceedings than In passing upon the' original assess ment proceedings. As said by the supreme court of this state In the case of Hughes vb. City of Portland, supra, ''The general rule, that all tax pro ceedings shall be construed in favor of the taxpayer, often results In per mitting him to profit by the mere non observance of technical and unim portant matters, and thus obtain the benefit of an Improvement to his prop erty while contributing nothing to Its payment, to the. loss of either the con tractor or municipality or both. It was to oover these defects and compel property owners to pay their due pro portion of tho cost of Improving their property that the ro-assossment pro vision was Inserted In tha chnrter and It should bo so construed ob to effect uate the purpose intended.'.' It plain ly authorizes an assessment or re assessment of property, benefited by a public Improvement as often as may be necessary to compel it to bear Us just proportion : of the cost of such. Improvement. The intention of . the charter is that no technical defects in the proceedings for the Improvement of a street which has, in fact, beau Improved, to the benefit of adjoining property, shall prevent or stand in the way ot the benefited property pay-. Ingots just portion o( the costs there of." Writ Dismissed!. . It follows from the above conclu sions that, tho Writ of Review should bo dismissed and It Is so ordered. , J. W. KNOWLES, Circuit Judge, SECRET INK. Writing Which May Be Made Invisible or Visible at Will. There are several ways in which two persons can correspond with each oth er unknown to oven the people before whoso oyes tho very letter Is held. Ovid taught young women' when writing tol tholr lovers thoy should nso new milk as Ink. This v l.Uirx.ial U ' Invisible,! 1,1-1 ly scattering coal dust or soot upon the paper the writing becomes legible AusouMM iiuopied una luuluinl wuun wr !l'j' to I" ; ''Diluted sulphuric acid, lomon juico.i solutions of nitrate and chloride ofl cobalt or of chloride of copper wrlto colorless, but on being heated the char actors written with the first two bo-i come black or brown and tho latter green. Whon tho paper becomes cool tho writing disappears nnd leaves the paper blank again. Saltpeter dissolved In water and equal parts of sulphato ofi copper ami sal .ammoniac dissolved In water are two good Invisible inks. , There aro also some inks which urc Invisible when dry, but vlslblo when molslcncd with another liquid. Tbusl a solution . of murlute of antimony wnshed with tincture of galls becomes yellow, green vitriol Ink washed wllbi tho same solution turns black, nitrate of cobalt washed with oxalic acid turns bluu, nrsonnto of potash with nitrate! of copper green, solution of gold with muriute of tin purple. - "- The Ferooioue Microbe. ; .:-.'" Life Is growing too complicated for tho nverago unlearned human being, says tho Dietetic and Hygienic Ga zotto. It has been discovered by med- Icul men that birds ore dnngerousi enrriers of disease that "even the! fluttering of a canary .In its cage may throw out infection" and that as for tho companionable, Impudent parrot, be often suffers from something cnlledi psittneose, which may be transmitted to tho unsuspectiug owner. Tho uu friendly germ, the vindictive nulmnl-1 culo, tho blustering bacillus, browse on our carpets, bide In our books, hold swimming races In tho water ' we drink. They , seat themselves by ouri side in tno ."trains,.-Invade, the very clothes wo wear and peuetrato to the innermost portions of our anatomy by morns of- the atmosphere which we shall very soon bo cnutlonod not tol breathe. A Tart Critic Tho Abbo d'Aublguac, who wrote admirably on dramatic composition ami had instanced many living ex amples of failure in that direction was ho imprudent after thirty years silence as to write a trugedy himself, In tho preface ho boosted that he, of nil dramntlsts, had most scrupulously observed tho rules of Aristotle, whose inspiration he bad fotlowedl To this It was replied by one who bad suffered from his criticism, "J do not qunrrol with tho Abbo d'Aubignnc for having followed tho precepts of Aristotle, but I cannot ptirdon tho precopts of Arts totlo that caused the abbo to write such a tragedy."
