i
i
PAGE EIGHT.
ASTORIA, OREGON, SATURDAY,' XOVEMWKU 19, 1904.
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1MlililHWlH mil i ii . H
LITTLE DIFFICULTY IN WAY
OF ADJUSTMENT OF MUDDLE
WorK on Court House Can Be Resumed
Within SKort Time by Plan Al
ready Proposed.
The court house muddle occupied
public attention n Astoria yesterday.
On every hand could be heard expres
sions of disapproval of the evident ef
fort to block the improvement, and the
element supposed to be responsible for
the affair was scathingly condemned.
The situation l not, however, a serious
one, as the errors already made will
be righted and the construction work
proceeded with In due course of time.
s Testerday Fulton Bros., at the re
quest of the county court, filed an opin
ion bearing upon the legality of the
contract entered Into with Messrs.
Bastle & Dougan. and also the legality
of the general fund warrants Issued
In payment for the work during the
past eight weeks. The law firm's opln
Ion is that the general fund warrants
thus issued are Irregular, that the con
tract Is illegal and that the court has
no authority, under the present law, to
levy a building tax running through a
series of years.
How to Right the Error.
When the matter was brought up
at the meeting of the court Thursday
afternoon Mr. Dougan stated that he
would be willing to go ahead with the
work if arrangements could be made to
raise $7000 or $S0W) to pay.the freight
on material and the labor bills. "With
this sum the work could be prosecuted
until January, when the court could
make a levy for building purposes.
Upon this levy being made the fund
would be created and warrants could
be Issued against it Immediately. A
J-mtll levy would thus net between
112,900 and $13,000. which would be
sufficient to carry on the work until
the meeting of the legislature, which
will afford the desired relief. The,leg
islature will authorise the court to
make the running levy for building pur
poses and will also legalise the general
fund warrants thus far drawn. Upon
this authorisation being delegated to
the court by the legislature, the build
ing fund would be created, and the
work would go on uninterruptedly.
People Are Patriotic
Already a movement to raise the 17.
000 or J8000 necessary to carry on the
project under Mr. Dougan's proposal
has been started by progressive citi
zens, and there is good reason to be
lieve that this amount will be set aside.
The people are determined that the
court house shall be built and- are
ready and willing to lend their financial
assistance. On ail sides the consti
tutional objection raised is regarded
as an effort at obstruction, and there Is
a very pronounced sentiment that this
effort must be resented. Perhaps It will
be a week before the construction work
is resumed, but the assurance is given
that the building will be delayed but
little.
The county court will meet again
November 25. At that time Mr. Dougan
will be present and a plan for continu
ing the work will be adopted. In the
meantime preparations for providing
the necessary funds will be made. The
situation is not a serious one and will
be straightened out with little diffi
culty. Judge Trenchard's Statement
County Judge Trenchard said last
evening, when seen by an Astorlan
representative:
"On the supposition that the people
of this county wanted a court house,
the county court proceeded with the
work. It has developed that the court
has fallen into technical legal error.
This is to be regretted, of course, but
I am satisfied the affair will be cor
rected almost immediately. The general
fund warrants thus far Issued In pay
ment for the work will not be repudi
ate and when the legislature meets
the court can be vested with author
ity to make a running levy for build
ing purpose. This will straighten out
the matter.
"I have been assured that the amount
required by the contractors to carry
on the work will be furnished by the
people. This sum will make It pos
sible to carry on the work until the
levies are made in January, at which
time a building levy can be provided.
With the money derived from thti levy
work can be carried on until the leg
islature meets and authorise the run
ning levy."
The Text of the Legal Opinion.
The opinion filed yesterday by Ful
ton Bros, affecting the validity of the
matter is as follows:
Astoria, Nov. 17. The Honorable,
the County Court of Clatsop County
Oregon Gentlemen: Complying with
your request, we submit our opinion
as to the validity of county warrants
Issued, and proposed to be Issued In
payment for work and material enter
ing Into the construction of the new
court house.
Section 10. article XI. constitution
of Oregon reads as follows: "No coun
ty shall create any debts or liabilities
which shall singly or In the aggregate
exceed the sum of $5000, except to
suppress Insurrection or repel lnvas
ion."
At the time the contract for the con
stmction of the court house was enter
ed Into the county had outstanding
voluntary obligations In excess of $5000
but even if that were not a fact, by
that contract the county obligates Itself
to pay to contractors within less than
a year sums aggregating over $100,000.
In Salem Water Co. vs. City of Salem,
S Oregon Report 30, the supreme court
held that a contract between the city of
Salem and the water company where
by the city agreed to pay the company
$1800 per annum for 17 years for water
to be furnished the city, "without any
provision for raising and appropriat
ing revenue to be applied In payment
of Buch liabilities as the same became
due, necessarily created a liability
against the city within the meaning of
! a provision of the city charter prohlb
I Iting the common council from creating
I nv rtelit or liabilities In uny manner
against the city exceeding the sum of
$1000."
In Security Company vs. Baker Coun
ty, 33 Oregon 333, the supreme court
held that an Indebtedness created by a
county court in the erection of a court
house for a county is "voluntary" In
debtedness and, if In excess of the con
stitutional limitation, invalid. In fact,
there seems to be no reason whatever
for doubting the Invalidity of the con
tract for the erection of the court house
or of the warrants Issued or to be issu
ed in payment thereof, as no provision
has been made for the payment thereof.
We are very clearly of the opinion that
. . - I.
the contract is void ana warnuiu.
sued on account thereof Invalid,
We are of the opinion that If a spe
cial tax bad been levied sufficient to
discharge such Indebtedness It would
not then hnv been within the consti
tutional inhibition, but of course to at
tempt to raise o large a sum for a
special purpose In one year would
be to Impose an Intolerable burden on
ih tnxnavera of the county. Could
the tax for such purpose be extended
throughout a series of year the burden
would not be sever and doubtless such
a plan would quit generally receive
the approval of the taxpayers, as the
necessity for a new court house Is con
ceded by all. The question, however.
Is, has the county court power to levy
an annual tax to met the cost of con
structing such a building, running
through several years? As the law
now stands we are not prepared to ad
vise the court that it Is vested with
such power. On the contrary, it Is
our Judgment that the court baa not
the power. The theory of our laws on
assessment and taxation apparently Is
that taxes for county purposes shall be
levied annually. An exception which
goes strongly to prove the rule, so far
aa the question under consideration Is
concerned. Is the act of 18. Bellinger
St Cotton's code, sections S&29 and
2S21, which authorises the county court
on the petition of the majority of the
legal voters to "aid In the construc
tion or repair of any public highway
or river Improvement" by levying "an
annual tax. running through one or
more years."
The fact that it was deemed neces
sary to enact this statute In order to
authorlxe the levying of a tax running ;
through a series of years would scent
to be a legislative construction to thej
effect that In the absent' of a statute 1
such tax could not be levied, and as;
the statute applies only to highway!!.;
and river Improvements, the power of j
other purpose would seem to be nega- i
tlved. Consequently we are of thej
opinion that legislative authority to
levy such a tax must be first secured.
We. therefore, advise that the court Is j
without authority to proceed with the
construction of the court house until I
the legislature shall authorise It to j
provide for meeting the expense nee-1
cessary thereto by levying an annual
tax running through a scries of years,
creating a special fund against which
all warrants In payment of the cost of
construction should be drawn. Such
a law being enacted, and the tax levi
ed thereunder, we are of the opinion
that a new contract should be made
pursuant thereto. In making such new
contract we think expenses now In
curred might b taken care of aa the
work already done will be worth what
It has cost. Respectfully.
FULTON BROS.
ALL CLOTHES BOUGHT AT WISE'S
KEPT I'll ESS ED FllEE OF CHAHG12
OK
9
Certainly,
PRICE IS NOT EVERYTHING. QUALITY COUNTS.
WELL, 110V AP.OUT OVERCOATS, HEARING
Removal Notice.
Dr. J. A. Regan has moved his
dental office to rooms over A. V. Al
len's grocery store. '
Jeffries to Meet Johnson.
San Francisco, Nov. IS. The Cull
says that Champion James Jeffries will
meet Jack Johnson, the colored pugil
ist In the ring next March. It claims
that the men have been signed up and
have agreed upon terms under which
the mattle will be fought.
It fs no small comfort to
have Schilling's Best on cail
at your grocer's ; a pity one
cr.n't get everything such anJ
col i
THIS LABEL
Suits
$17.50 to $30
AAKERS MEWyRK
Overcoats
$17.50 to $30
mltl5cnjamin5(5
GrmtCktht) ArMn
Have you anything in
Astoria to boat it, or to
equal it?
There ore n good ninny
jiwplo from old Missouri in
Astoria and you've got to
show thorn. What wna con
sidered best in Astoriu two
or three years ago ain't in it
now with such garments as
nre made by Alfred Ilenja
niin fi Co., of New York,
and which are sold in Asto
ria exclusively by,
Smilingly yours,
itrmtimesiirpittx .i
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4 m
1 lisi 11
lit
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H 1 ( v y V-.. .
ri .1:
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BSaBBSK SBSSk;jJ1'
Hand Tailored
E
lit JMltll-ijafmawgyj
1.411(1, 1 aiiured
HERMAN WIS
The Reliable Clothier and Hatter
P. 8. The reduction on OVERCOATS is still on.
PERSONAL MENTION.
F. M. Raymond of Heattle Is in the
city.
A. W. Jordan of Portland Is In the
city.
J. V. l!odrl-k has returned from a
visit to Seattle.
H. H. Clark t Portland Is among
Hip lute arrivals at the Occident.
W. A. PitlliiKer, a Portland travel
ing man. was among the passengers
down on last night's train.
Mrs. Gertrude Reed Kmerson of Port
land, Me., Is visiting in the city with
her uncle, Captain 0. Reed. "
It. I Bradley of Portland and A. W.
Bnullejr of Duluth , are In the city.
The Messrs. Dradley are tlmbermen.
, I E. Loomli, I A. Loomls and R.
A. Hawkins came over from Ilwaco
yesterday and left up the river last
evening.
Save the 1 Imperial band and fet
the diamond stud.
v
1 Smoke
i the New Size
LA IMPERIAL CIGAR
ALL HAVANA. (No imitation goes with us.)
Save the Bands
And get the diamond in Seymour's window, or
the $20 gold juece or a line suit of clothes. :
J. V. BURNS,
-44
Weinhard's Log;
r
Beer.
Buster Brown Blue
Ribbon Shoes.
We have just received a stock of these famous shoes
for boys and girls. A shoe that cannot be beaten for style,
-wear and quality. Prices
$1.60 to $1.8S
.' We also sell other universally known brands made by
Brown Shoe Co., in latest styles and best values for cach
member of the household. Trices from " ! j
$1.00 to $3.BO.
tm SALESMAN'S NAME 13 BUSTM BROWM.
THE BRIGHTEST LITTLE BOY IH TOWN.
VHE.N DAlNTyjANt. COMES IN TO BUT
HE KNOWS THE VtRY KINO JHt'LLTRY,
AnuAul TUCU 1 Jt ft TRIM JWOXtA .
UrfiffltMDJ HOW VANt THC.JORT OrjHOtJ ?
THAT JAHl AND D'l ."'
Jf And MAKl THEM LOOK TWM ANONin. rtkJikViW '
V.aX. urjffntoJNCiwWANtTME,JoaTOr4Moi? tWZiVll HJC)
t W XvSv Tmat Jane and Busies alway oe. n'JyVM 1
enrvnicHT too ny 7lt kowri two co
Millinery.
' . ,( The special tale still continues in the millinery de
partment "We are offering tho latest patterns and "Gnge
Ilats" at greatly reduced prices. We make no misrepresen
tations this is strictly a sale of all sales.
Table Linens.
Your Thanksgiving dinner will look moro inviting
and taste bettei'lfserved on our table linens. We are show
ing a full line .from -10c to $1.75. Also beautiful center
pieces, doylies and napkins.
You can always buy cheaper at
THE BEE fflV