Image provided by: Tillamook County Library
About Tillamook headlight. (Tillamook, Or.) 1888-1934 | View Entire Issue (March 10, 1910)
• - * < > ¿ "VK TILLAMOOK HEADLIGHT, MAKCH 10. 1610» CITY LOST IN CASE ASAINST COUNTY. !* City and County Have been Acting Illegally in City Road Tax. i a. 1* * C iei K :•> ' !>■! t- |C u» t r > Í Hi _ *u I « . r ■. 1 > 9 5*.. H HI •1 v Smith, 22 Ky. 430. And a sub sequent repeal or amendment of the statute referred to will not affect the statute in which the re ference is made. Sutherland Stat. Cons. 257. It is also suggested that the coun ty court had no right to levy any tax for road purposes within the City limits, and in this view we concur. It has been the usual cus tom to exempt incorisirated cities from the payment of general coun ty road taxes, and at the session at which the charter in question was passed, several municipal cor porations were thus exempted and it does not seem probable that the legislature intended to make an ex- ceptian of Tillamook City. We think the words “shall be exempt from the same taxes" refer to the character of the taxes, and not to their amount. The section is awk wardly drawn and does not possess that definiteness that characterizes other charters passed at the same session, but the intent is evident. But we can not agree with the in genious argument of counsel that the County, having collected a tax of eight mills on the dollar from the inhabitante of Tillamook City, is bound to pay it over to the muni cipality. It was the right of the City to levy a tax of one and one- half mills and the duty of the Coun ty to collect this and pay it over. The City made no levy, but the County collected not pnly the amo unt that the City was entitled to have collected, but six and one- half mills more, on its own account. It had no lawful right to do this, but if it was paid voluntarily, a citizen cannot recover it, while if it was collected by process of seizure and sale, an action might perhaps lie in favor of the person injured. Johnson v. Crook County, 53 Or 329, 100 Pac. 294. Its collection was an unlawful act and the City could not ratify such act and claim for itself what neither it nor the County wns entitled to take in the first instance. Under the ruling of this court in Eugene v. Lane County, 50 Or.466. 93 Pac. 255, the plaintiff is entitled to that portion of the tax collected by the County represented by one and one-half mills on the dollur of its taxable property and it appears that this, and more, was tendered to it and was refused. The decree of the Circuit Court in reversed and the writ dismissed. Study of Farming by City Men. 247.28 the year................. ........... Synopsis of the annual statement of the GLENS FALLS 1NSV R Total amount of risk out j standing in Oregon, ANCE COMPANY, of Glens December 31, 1900 .......... Falla, in the State of New York, The Philadelphia Casualty Coni- on the 31st day of December, 1909, made to the Insurance tom P‘n&y R obt . G. H azelihne , Sec. miasioner of the State of Oregon, agent Statutory resident general ? “•*' pursuant to law. and attorney for service: CAPITAL. F rank E. S mith . Amount of capital l>a*^ „8 up........................................ $20o,ooaoo SvnoppiB of the Annual Statement of the WILLIAMSBURGH CITY Premiums paid during FIRE INSURANCE CO., of New the year in cash .......... $1,971,850.26 York, in the State of New York, Interest, dividends and on the 31st day of December, 1909. rente received during made to the Insurance Commis the year............................. 23a, 613 sioner of the State of Oregon, per- Income from other eour- suant to law: cee received during the i year .................................... 54,001. .0 A series of lectures on the prac tide attractions and opportunities of agriculture as a business is creat ing unusually active interest. The impression has tiecome strong that more money can be made on the soil than in any other vocation and that, in any case, a more com fortable living can tie secured in that way than is open to average wage earners. The more this subject is ex amined the more it will gain in in terest amoung those who know that prudent foresight and intelli gent knowledge are necessary in a Total income.............. $2,261,467.52 change of occupation. That farm disbursements . ing must pay is palpably true. At present prices everything a farmer ^e7A Pai^dUrin^ the^l.^1 can raise is a source of sure profit, Dividends paid during and with a fair start the business, the year on capital stock. 239,000.<JU in competent hands, will keep on Commissions and salaries paid during the year.. 611.46t.5O growing. Hut a man raised in a Taxes, licenses and fees city feels that he has so much to paid during the year .. 45,3«8.48 le irn in changing to the farmyard Amount of all other ex- penditures ......................... 165,580. <0 and the plow, and may so easily make a serious mistake in his cho Total expenditures. $1.913,763.57 ice of location and in his special assets . purposes, that he is anxious for Value of real estate more information and to be assur owned................................ $36,482.01 ed that be will not go wrong at the Value of stocks and bonds owne<(................................ 2.509,67aOO outset. Loans on mortgages and _ In pioneer days a farmer went off collateral, etc................. 1,574,525.00 to the rich lands on the edge of the Cash in banks and on wilderness, made a clearing, built 1 hand .................................... 719,607.15 a cabin, bought a lew domestic ani Premiums in course of collection aud in trans mals, planted corn and vegetables, mission ............................... 229,679.00 bartered with neighbors if he chan Interest and rents due and accrued................................. 27,452.59 ced to raise a surplus. If a city youth wanted to go into business Total assets................ $5,097,415.75 he got a place as a farm hand and L< ,ess special deposits in in due time took up land for him any State (if any there be)................................ ......... — self. But the agriculture of the Total assets admitted present time is not conducted on in Oregon .............. $5,097,415.75 such simple lines.' The field of sel LIABILITIES. ection has been greatly widened. Gross claims for losses Specialization in agriculture has unpaid............................... $120,211.31 been extensively developed. But Amount of unearned pre miums on all outstand andean be obtained cheaply, both ing risks ......................... 2,014,778.65 land improved and unproved. Where Due for commission and to settle down, what to grow, how to brokerage......................... 20,000.00 tide over the first year or two, and j All other liabilities ........ 207,5(0.00 how to avoid any waste of means or Total liabilities.......... $2,462,489.96 labor, are questions that the cau Total insurance in force tious city man wants to solve with December 31, 1909.. $372,539,203.00 reasonable certainty. Nearly BUSINESS IN OREGON FOR THE YEAR. every state has agriculture colleges and experiment stations and the Total risks written during the year .............................. $643,367.00 National Bureau of Agricultures is 1 Gross premiums received helpful in many ways. But regular | during the year .............. 24,033.82 schools, as a rule, are for the youth Premiums returned d.iring the year............................... 6,843.05 ful. Many city people who are in Losses paid during the terested in the subject of agricul year....................................... 6,716.99 ture are no longer young. If lec Losses incurred during the year ............................. 6,716.99 turers can talk to the point on the amount of risks out subject, and no doubt thev Can. the Total standing in Oregon, De resulting good will lie important in cember 31, 1909.............. 1,591,431.00 many ways. Glens Falls Insurance Co. By J. L. C unningham , Pre. While autombiles are expensive Statutory resident general agent vehicles, in a sense, they are daily and attoiney for service: E dward W. M ueller , becoming less so. Improvements No. 316 Abington Building, in methods, materials and knowl ______________ Portland, Ore. edge have made a cheaper car pos Synopsis of the annual statement sible and the fact ihat the purchas of the PHILADELPHIA CASU ALTY COMPANY, of Phila- ers of fancy cars are already sup delph, in the State of Pennsyl plied has caused manufacturers to vania, on the 31st day of Decem devote their energies to turning out ber, 1909, made to the Insurance a car that is medium priced and of Commissioner of the State of Oregon, pursuant to law : hit'll quality. Anew field for and of the product of the factories was CAPITAL. necessary and this field was found Amount of capital paid up ..................................... $500,(XXI00 among the farmers. High priced, fancy cars would not go with them, Increase of paid-up capi tal during the year .... 200,000.00 but quality would, and those man- INCOME. factures who were shrewd enough Premiums received during to make a car of high quality at a the year .......................... $1,152,373.97 reasonable price have fi^ind ready Interest, dividends and rents received during customers among the farmers. It the year............................... 40,213.25 is estimated that there are now in Income from other sour use about 100,000 automobiles amo ces received during the ng the farmers of this country and year...................................... 192,lia33 something like NIX) of these are in Total income.............. $1,384,697.55 Kansas. They are great favorites DISBURSEMENTS. among the dairy farmers as time Losses paid during the savers in the delivery of milk, but year including adjust ment expenses, etc : .... ___ 7 $455.948.35 —-------- they ure no less on among other .1 during farmers, who find in them a means Dividends paid the year on capital stock — of rapid transit without disturbing Commissions and salaries the farm teams. The new farm paid during the year. 406.878.25 automobile is here to stay. Kansas Taxes, licenses and fees paid during the year ... 21,264.45 Farmer. Amount of all other ex penditures .........................934.853.64 How Good News Spreads. Gross premiums received during the year.................. Premiums returned during the year............................. Losses paid during the year................. .. •.I l.«ü 1,1 Losses incurred during the year ....................... 1.61 Total amount of risks out standing in Oregon, De cember 31, 1909.................. 255,75iJ Security Insurance Co. By V ictor R oth , Set I Statutory resident general m J and attorney for service: J ohn P. S harky , No. 122H Sixth street. ____________________ Portland, Ort The Supreme Court has reversed the cuss of Tillamook City vs. Tilla- aisok County, in which the city brought two suits against the county to recover all the road tax collected withiu the corporate limits. The Sy.iopsis of the annual BtatemJ CAPITAL. of the MICHIGAN FIRE ] vase decided last week by the Su I MARINE INSURANCE COJ AupO,’n,.°\^^ preme Court was for the taxes col PANY, of Detroit, in the State! lected on the 1908 roll ami was tried INCOME. Michigan, on the 31st day j before Circuit Judge W. Galloway December, 1909, made to the U Premiums received the at the last April term of the Circuit surance Commissioner of w year in cash .................. 1,(48,246.02 State of Oregon, pursuant tolas Court, who decided it in favor of the Interests, dividends and CAPITAL. rents received during city. This is now reversed in a de the year .............................. 82,306.09 Amount of capital paid sision written by Judge J. McBride, up......................................... $400,OOQi Incomeifrom other sources which we give below in full : INCOME. received during the year 46,747.14 The plaintiff in this case was in Total income .......... $1,877,299.25 Premiums received during corporated by a special act passed DISBURSEMENTS. at the session of 1893, the act of in the year in caBh............ $6O3.308.( (Interest, dividends and corporation being found at pages Losses paid during the year......................................... $934,788.85 I rents received during 545 to 561 of the Session Laws of Dividends paid during ’ the year............................. 48,78dj Oregon for 1893. It is provided in theyearon capital stock 50,600.00 Income from other sour the charier of plaintiff, among other Commissions and salaries ces received during the paid during the year.. 578,411.29 tilings, (pp.551-2, Laws of 1893) that year ....................................... 4.532J Total income.............. $656,711.; Taxes, licenses and fees the common council shall have DISBURSEMENTS. paid during the year .. 37,426.20 power within the limits of plaintiff Losses paid during the Amount of all other ex “to collect road tax from all pro year..................................... $253,6311 penditures ......................... 165,397.31 Dividends paid during |>erty in Maid corporation equal to the year on capital Total expenditures. .$1,766,023,65 tlis4t now levied by law for road stock..................................... 24,0X1 assets : purposes, to be expentled u|M>n the Value of real estate owned $90,000.00 Commissions and salaries highways, streets, and alleys with paid during the year... 193,8X| Value of stocks and bonds in said corporation, tinder the owned.................................. 1,607.775.00 Taxes, licenses and fees paid during the year .. supervision of the common council, Loans on mortgages and Hnd the citizens anti property with collateral, etc................. 402,100.00 Amounts of all other ex penditures ......................... 58, m: Cash on banks and on in said corporation shall lx K» ex- 361,702.71 hand ................................... erupt from the same taxes for conn- i Total expenditures... .$554,944! Premiums in course of ty purposes.” A8SET8. collection and in trans For the year 1998, plaintiff made mission ............................. 305,437.91 Value of real estate owned $77,1 Interest and rents due Value of stocks and bonds The no levy for road tax. 20,050.56 and accrued..................... owned................................... county court of Tillamook county, Loans on mortgages and butvsver, made a levy ftir such pur Total assets............ $2,787,066.18 collateral, etc.................. 486,186 pose of eight mills on the taxable Less special deposits in Cash in banks and on any State (if any there hand..................................... property in said county, including be) total assets admitted Premiums in course of tbs property within the corpo nite in Oregon ...................... $2,787,066.18 collection and in trans limits tif plaintiff. LIABILITIES. mission ............................. The plaintiff on April 9th, 1909, Grose claims for losses Interest and rents due and unpaid............................. $177,029.70 demanded of said county all of said accrued................................. Amount of unearned pre road tux assessed against the pro miums on all outstand •Total assets..................$301,9934 perty within its limits, and the ing risks........................... 1,538,564.11 Less special deposits in *>Suty refused to pay said demand Due for commission and any State (if any there brokerage......................... but ordered one-half of said road be) ..................................... — All other liabilities.......... 30,950.32 Total assets admitted tax, or four mills thereof, to be tur in Oregon....................$301.99411 ned over to plaintiff. Total liabilities..........$1,746,544.13 LIABILITIES. The pluintiff thereupon sued out Total insurance in force December 31, 1909...$278,885,164.00 Grose claims for losses a writ of review from the circuit unpaid................................. THE BUSINESS IN OREGON FOR court of Tillamook County, to re Amount of unearned pre YEAR. view the action of the county court miums on all outstand Total risks written during in that matter, and upon the hear ing risks ............................. 501,723.1 year ................................... $173,777.00 Due for commission and ing of said writ of review, the court Gross premiums received brokerage ......................... 830.! during the year............. 4,630.32 found in fuvor of plaintiff and or Red Clover Creamery Company All other liabilities return Premiums returned dur dered all of said road tax to be paid premiums and taxes.... 9,232! Report. 1,431.19 ing the year..................... over to pluintiff by the defendant, Losses paid during the Tillamook, Oregon, Jan. 25, 1910. Tillamook County. From this judg Total liabilities ............ $558,286*: year ..................................... 175.06 Total insurance in force Red Clover Creamery Co. Losses incurred during ment, die defendant appeals. December 31. 1909.. $83,619,885» the year ............................. 175.06 The luw, ut the time the charter i G entlemen , — Following is mv BUSINESS IN OREGON FOR THE YUi Total amount of risk out of the pluintiff was enacted, provid report as Secretary of Red Clover Total risks written during standing in Oregon ed for the levying of roud taxes by Creamery Co, for the year 1909: the year.............................. $263.428.«! December 31st, 1909........ $173,777.00 Amount of milk received for each counties of leas than 10,(0) inhubi- Williamsburgh City Fire Insurance Gross premiums received during the year .............. 6,1441 Company. tanta to the amount of not to exceed month: Jan. 36.406 lbs; Feb. 37,438 Premiums returned during F. H. W ay , Sec. $1.5u on the thousand dollars valua lbs; March 157,046 lbs; April, 361,119 1.672,: the year............................... Statutory resident general agent tion, or in other words, u tax of one lbs; May ¡11X2.2891bs; J line 398,292 lbs; Losses paid during the and attorney for service : year....................................... uad one-half mills. Sec. 4085 Hill’s July 3(18,232 lbs; Aug. 320,911 lbs; 1,078! E dward W. M ueller , ¡Sept. 246,434 lbs; Oct. 172,160 lbs; Code. No. 316 Abington Building, Losses incurred during the year ............................. Portland, Ore. LOTUS] The decision of this case turns ! Nov. 83,327 lbs; Dec. ¡18,155 lbs; Total amount of risks out primarily upon the construction to Total, 2.611,845 lbs. standing in Oregon, Synopsis of the annual statement be given to sub. 2 of Sec. 2, Art. IV. Amount of butterfat contained in December 31, 1909........... £ $408.178,1 _____ of the SECURITY INSUR Michigan Fire 4 Marine Insur of the charter of Tillamook City. milk: 1(B, ¡427.7 lbs; average test ANCE COMPANY, of New Haven, ance Company, State of Connecticut, on the 31st Session Laws of 181)3, pp. 551-2. .OHB2. day of December, 1909. made E. J. B ooth , Sec. J Among other powers granted the Amount of cheese manufactured, to the Insurance Commissioner Statutory resident general agentj plaintiff by thia section, is found 280,847.25 lbs. Returns. $42,825.83. of the State of Oregon, pursuant and attorney for service : the following: “To collect road to ¡aw: Average price 15.249 per lb. f.o.b. P. E. G eroulr CAPITAL, tax from nil property is said cor Tillamook City; average yield, 1075 Amount of capital paid poration equal to that now levied lbs. cheese per 100 lbs. milk; aver up... ................................. $500,000.00 by luw for road purposes, to be ex age price paid patrons. 35.IXH. INCOME. pended upon highways, streets, Amount paid patrons, $37,911.1X1; Premiums received during and alleys within said corporation Average price per 1<X) lbs. milk. year......................................1,499,888.47 under the supervision oi the com $1,45-4; total number of Trips ship Interest, dividends and rents received during the mon council, and the citizens mid ped, 3,920 cases; Y. A.'« 135 cases. year....................................... 92,591.87 property within said corporation Amount received by Red Clover Income from other sources ahull be exempt from the same Creamery Co. for manufacturing The valued family re« received during the tuxes for county road pur|H>aea." cheese $4914.84; amount charged for year......................................... 48,'293.87 ci-es for cough and cold ------ i The charter went into effect im manufacturing being l*»c. per lb. cure, liniments, tonics and Total income --------- 1,640,774.21 mediately by virtue of an emer Patron« were paid for butterfat DISBURSEM ENT8. other remedies have as gency clause there to uttuclied, hav as follows: Jan. 30.5c; Feb. 33.8c; Losses paid during the careful attention here as ing been filed with the Secretary of Marell 36.3c April 36,3c; May 35.37c; ,ye«r.................................... $687.237.!9 the most intricate prescrip State February 13. 1893. At the June ¡«4.17c; July 34.8c; Aug. 37.07c; ! Dividends paid during tions. z time of its passage, the amount lev Sept. 38.04c; Oct. 38.11c; Nov. ! 37.38c; theyearon capital stock 60(1X1.00 ied by general laws for Count v road I Dec. 37.45c. "Iam 70 years oldand travel most Total expenditures. $934.853.64 Commissions and salaries paid during the year. . 428.525.65 Our fresh, high grade ASSETS. purposes, was one and one-halt | Liabilities of the Company: Due of the time," writes B. F. Tolson, of Elizabethtown. Kv. “Everywhere Value of real estate Taxes, licenses and fees drugs will help to make mill« on the dollar. Subaequently- patrons for Dee. milk, $<XXI.88; due I go I recommend Electric Bitters, paid during the year .. 53,361.50 owned ............................... $ _ these remedies more • effec- t > the passage of the act ineorporat- cheesemuker, $K<33; Assets: sup liecaiise 1 owe my excellent health Value of stocks and bonds Amounts of all other ex penditures ....................... ing pluintiff. but at the same sea- plies on hand, $666..18; amount* in and vitality to them. Thev effect a 207.991.91 owned ■............................. tive than ever. 728.370.01 cure every time.” They never fail Loans on mortgages and ■ion of the legislature, an act was hands of treas. $831.59. to tone the stomach, regulate the Total expenditures $1.437,116.54 collateiaj. etc................... 300.45a 00 Right prices are also passed permiting counties tej levy Revenues for the year: Balance kidneys and Isiwels. stimulate the Cash in banka and on ASSETS. assured. a tax of five mills on the dol’ur for Dec. Slat, 1908. $928.70 ; received for liver.invigorate the nerves and pu hand ..................................... 61851.97 Otlic- Ledger Assets........ 1.823.16 County mad purposes. but th s making cheese. $4,914.85 ; received rify the blood. Thev work wonders Premiums in course of Value of real estate owned 166,70aoo act did not take effect until 00 day« from sales, $27.97 ; received from for the weak, run ¿town men and collection and in trans Value of stocks and bonds women, restoring strength, vigor ! mission ............................... aftsr the sdjuuriynent of the legis separator and mould. $11UOI ; by and heolth iov. — — 4\..l.. that's ••• —w <8 . •• a a • dailv vani«« JWV. Trv ‘ Interest and rents due and 223,746.73 T «»ned ............................ 1.880,007.00 fksat.a. Ell. * * T Loans <m mortgages and lature. Later. an act was passed note $1,000.60; total. $6.981.52. them. Ouly Sv. .».... — —.A Satisfaction —_ « by Chas' «-«. is r posi- | accrued .......... ................. 31 762.19 collateral, etc................. 17P.10a00 lively guaranteed permitting a levy of ten mill« on Disbursement«: Notes cancelled. Clough. Cash in bauk« and on Reliable Druggist _____________ ' ths dollar, which act ia still in $1(UU<>; budding and machinery. Total assets ............ $1,427,18(190 Dh“"d ................................. 81,574.16 Less special deposits in force. Premiums in course of An Awful Eruption $1437.76; dividends $82.50; expenses, collection and in trana- Plaintiff contends first, that the $4007.28; interest«IU61; total «11547.15. misaion ............................. 247.887.26 ana >om interest in wkin eruptions won!« "now levied by law” should Balance to credit of Red Clover Oregon............................. $1.427.18a 90 Interest and rents due and will l»r Ml « short, if you use Huck* CbEANING & PRESSING be construed so an to mean “now Creamery Co.. $4;u t7 LIABILITIES. accrued .......................... 13,381.52 len'a Arnica Salve,' their quickest or hereafter levied by law;" jn Respectfully, cure. Even the worst boils, ulcers, Gross claims for losses Total assets ............... $2.570,473.10 other word«, that the intention of or fever sores are soon healed bv it. un|>aid ........................... «222.104.35 I da M VUKK. Sec'y. Less s;>ecial deposits in neatly done Best for Burns, cuts. Bruises. »Sore Amount of unearned pre tbs legislature wan to give the any State (if any there miums on all outstand tope, chapped Hands. Chilblains City the benefit oi any increase be* ....................................... 36.(Xia00 Saved a Soldier's Life. ing risks ......................... and I ties. It gives instant relief. at the that might be made in the amount Due for commission and Total assets admitted Facing death from shot and shell <Bc. at Chas 1. Clough. of ths Isvy by subsequent levtela- | in the civil war was more agreeable brokenMM ................... . . . M.5Ä74 in Oregon ............ «2.535,473110 Allother liabilities............. tion We are unable to find any to 1. A. Stone, of Kemp. Tex., than LIABILITIES. Stiff Neck. Capital and aurplua authority for such an interpretation facing it from what doctors said - -------- — aa Grosa claims for losses Stiff neck is caused by rheumatism regards pobey holders.. 67U 544.04 unpaid .................................. 126,611.75 was consumption. "I contracted Tbs Word “now * hnn a fixed and It is a stublsirn cold“ he writes, "that of the muscles of the neck. .. . ---------- - | Amount of unearned pre definite meaning It signifies "at devrloixsl n cough, that stuck to usually confined to one ride or to the - . V’*' '••bibties ........ «1.427. KIWI miums on all outstand ths present time,” nt a time run 2?^ I ing risks.............. j ■»> cm m all rvitiadivM (<»r \ r««m, back of the neck and one aide. total premiums in force W Itile it ia often painful quick re weight ran down to 130 ^mnds temimrsneoua with something I ’J «MW 44 Due for commi^on and ;ef .nay be had by applying OH8OO.N FOR TH« TEAR brokerage ....................... .... done. Pike v. Kennedy. ¡3 Or. 4*i. Then I Iwgan to use Dr. King's Chamberlain a Uniment. Not one y ?*J**?* New Discovery, which completely Total nska written during ••• other ........... i All liabilities Psc «•'; Chapman v. Holmes cured me. I now weigh 178 ix>unda.A caae of rheumatism in ten reqiurea 32.619.06 the year ............... _ Kxscutore. 10 N. J. Law, jp.*). For Coughs. Colds. La Griptw. internal treatment W hen there ia Gross premiums received - Totel liabilities .. $1,55X7X1 »7 King v. Miller, 32 Or. M. »7 Ps<- ,*M1 Asthma, nemorrhage. Hoarseness. no fever and no swelling, aa in mua- during the year................ 2.«187 Total insurance in force OPPesiTE THE ALLEN HOUSE. cular ami chronic rebeumatiam. Whocming Cough and lung When used in a statute, it will Premiums returned during December 31. 1UV «277.730.870(1) mmble, it« »tiprrmr. Snr. fl.HK • < hamberlain’s Liniment will ac the year.........................7? be construed as having reference BUBINBBB IX (»BOOK Wkl» TERM» * Guaranteed by I I WMM-s during the to the statute then in force. Heard I has. I. Clough 7 treatment —For by Lamar s ! year SPECIALTY IN ALL KINO OF C*«* .................. l>rug Store. ‘ • 53.28 Total risks lncurml during the year I FAMILY RECIPES CLOUGH, I Ì TOGGERY I S. VIERECK, Tillamook Bakery. « T t t > -