Tillamook Headlight. January 18 1912.
Mí
OF TILLA
CASH.
sponsible to the people.” State v. nal port, then the same drainage appears that thia wae n «segulur
_
or’ etc., of Des Moines. 103 Iowa, I basin, which would benefit possibly session and that the ot«Wr #ae
76 ; 04 Am. Rep. 157.
irtcxrí»
more than
than fho
the tArrifnrv
territory within
within thi*
the made on the tenth of July.
If the defendants are right in thia i old port, could do nothing except
This provision of the law as to
contention, the only question there to organize another port for the this is. that the petition shall be
is for consideration is whether the ¡purpose of making substantially tiled with the county clerk and that
provisions of sec. 6114-6125 L.O.L. i the same improvements. In such it shall be presented to the county
were followed.
Otherwise it will case neither could opera’e within court on the first day of its next
require a consideration of the pro the boundaries of the other ; would regular term, and as heid by the
t b
visions of those sections to deter tie required to work independenly, Supreme Court in the ease of State
mine whether the course followed and the conditions would be neces- vs Edmunds. 55 Ore. 236. session
■uXBnB .in- ihaigi.l with in this case was authorized by the
arily embarrassing.
Whereas, by does not mean term but means any
I tile 11 a li. Il uses ail.I law.
organizing the whole territory into time when the court is actually
(CAPT P. SCHRADER)!
.SZ1W «gfiul.l.e I . a I.. a at i. ai to
Sec 6125 provides that “ Nothing j one port the results desired would Bitting.
«it lillainook. They in this act contained shall be con
be
secured
by
cooperation
and
tax-
j
Again it is manifest that the
XnJtWWtHpC- tile privileges .¡ml strued as in any way altering or
ami > l.iim to hale abridging powers now exercised or ¡ationof all upon equal basis as con- provision requiring the presenta-
1
teuiplated
by
the
law.
tion
at the first day of the next
onesos*Bk>atte' of tight
enjoyed or by law authorized to be
As to reincorporation provided
session is intended to ex
1»'I a.-.-i-.l an exercised or enjoyed by or reserved ■ for in the act, it might be suggest ! regular
pedite the proceeding. There is no
Ct tt).iBC<^BDr ‘,r ,llc I''"1 ,,t 1'Ha unto any such port or corporation
ugofe tte lipumla i les < a a Inch a ci .• heretofore created by and now ex ed that the old port, if a valid or notice required to be given of the
a
boundaries ot Tilla- isting under the laws of this state, ganization, could have reincorporta- presentation of the petition, and
amI a strip of land .«I but providing that any such port ed in the manner which was follow the court is required to order the
ed in this case if the additional election if the proper petition is
eet SHS ^B11 slt'e <’t Ho«)Uarton may reincorporate under the pro territory
had not been attempted to is filed therewith.
The petition
«tOOffit
im hiding Hi stock visions of that act. This provision be included, but that they, includ itself gives jurisdiction to order the
nr
strip < xten.luig «.an ■
seems to simply negative the idea ing the original port as shown by election, and there being no reason
him? OVefTtwo miles betond tlie of a repeal of former port charters
-or«®SSki®iniit.-< «’♦ 1 illamook t ill. by implication. The intent is de the pleadings, voted to come under why the matter should be continued
the provisions of the act of 1909. until the following regular term of
jessto®
>’• 1999, page 419-423. clared that nothing in the act shall
Sailing for Portland, every Thursday or Friday
¡"ftp jMi^KVic- given putti-1 to lin- be held to alter or abridge the The object of an election on the court, it would seem evident that
according to Tides.
qKquarton slough .mil to powers of such ports, but that any proposition would be to show the intention of the law wae compli
the desire of the people affected ed with when the court ordered th«
a
property within the such port may reorganize under as to whether the incorporation election
to be held as it did.
This
Port,
mills per annum
l he this act.
should be made, and no valid petition is further strengthened bv
¿SagEilKtlie Port were to be
There is nothing in the statute reason has been suggested why the reading of 6118, L.O.L. providing
commission ot nine which may be reasonably con the
people within the limits of the for compelling the county court to
be appointed by tile strued as prohibiting the formation i 1
B. C. LAMB, Agent,
S. ELMORE A CO,
poit could not as well sig order the election.
Ms^W^^fc'I'amook City andcon- of a new port which may include | ' original
nify their assent to the reincorpora
Lamb’s Dock, Tillamook. Ore.
As to the claim made that no
Agents, Astoria, Ore
SngS^L^B the Council, and their within its boundaries the entire tion by voting upon the proposi notice
of election was given, and
F. P. BAUMGARTNER, Agent,
bc alsi> appointed by area of an old port, nor is there any tion which included additional that because positive evidence was
Albers No. 3 Dock, Portland, Oregon.
an(1 " ’atitied” by the provision in the statute as to how territory as if they had voted upon
introduced as to the giving of
m'' s A Commission was such reincorporation shall be ac the reorganization as to their origi not
notice and therefore the election
(|ggra|^H;md assumed to a. t as complished. At the time of the nal territory standing alone. In must fail, the defendants submit
mus;»’ft^Beveral years and mad.- a passage of this act there was no either case the will and desire of that under the presumptions of the
US ^^B®‘ ,wo or three years,
provision for the enlargement of the people affected has been as law the court was authorized to,
attempt was made to the boundaries of Ports then exist certained by the vote taken. If any and must find, in absence of any
fnttS^Bli'' boundaries ot the Port, ing, or for changing their existing one ha9 been adversely affected in countervailing testimony, that pro
favor of the move being organization except by reincorpo any manner not contemplated by per notices were given, the pre
m T.
majority, both in the rating under the sections men the law it would be the original sumption being that official duty
ori^ftft^Berritoi s .old that propo-fed tioned, which would be in effect an ! port, and the complaint, if any were has
been regularly
performed,
Us »Bflcd- but the attempt proved abandonment
of their former' to be made, w vould properly come which presumption will apply to
Tickets and Baggage through to Puget
by reason of there being charter and an acceptance of the Í from that source,
ce, but no such coin- the giving of notice as required by
provided bylaw for such provisions of this new law.
Sound points, Spokane, St. Paul, Chicago,
plaint appears in this case, but, on the order of the county court in
The method attempted
A reasonable construction of the the contrary, it appears that the this case ordering the special
to txs^Kowed oeing that applicable several provisions of this act of people of that territory were practi election. It thereby being made
Denver, Kansas, City, Omaha, St. Louis aud
to cMS^Jand towns and not having 1909 would permit the formation of cally unanimous in favor of the the duty of the clerk to issue the
all points East.
^Bde applicable to Ports.
a new’ port which w’ould include change which lias been made.
notices, and the judges and the
In
acting under the pro within the boundaries the entire
If there were any question as to clerks to post them, and the same
Atlantic Steamship Agency.
vi»iotBClf wl'at are now secs, bill area of a port such as the original j the technical validity in the first being followed in the regular order
6125JK>-L. an election was held ioi port in this case.
instance of the incorportion, the by the holding of the election in
Agents of The Oregon Electric Ry. at Forest Grove aud Hills
the ^■»rporation of the present
It is a well established rule that - defendents contend that the subse accordance with the order, and the
Poft^Hbich resulted m the
'
es the legislature prior to the amend- | quent events have created an es proclamation setting out the hold boro sell through tickets to all points east.
taWi^Bent o' the Port, tile vote meats of the constitution in 1906 had toppel even against the state to ing of the election and declaring
Fares aud train schedules will be forwarded on request.
beifi^Hs in favor and 172 against the right to provide for the organi insist upon invalidity of the pro the result
th« Jfoposition. The two precincts zation of municipal corporations in ceedings.
Subdivison loot Sec. 799 I.O.I..;
G. B. J ohnson ,
W. E. C oman .
iUtfl^Hil which lay entirely outside its discretion, and it might have
That the state must be estopped 15 Cyc 320
ths'^Higinal Port
voted quite extended the boundaries of an ex to «piestion the validity of the es
Getterai Agent,
Knox Co., vs Bank, 147 U.S, 91.; General Freight & Pass. Agent,
stro^Hy against the incorporation isting corporation or curtail the tablishment of a municipality, or 13 Supreme Court ieporter267.
Astoria, Orc.
Portland,
Ore.
whi^Ke other two precincts, each same. It might annex, or cause to the enlargement of a municipality
As to failure of all of the com
of^Hch lay partly within and be annexed outlying territory, or by proceeding absolutely applied missioners appointed by the Gov
paytiW without the limits of the unite a number of corporations into by themselves, but which have been ernor to meet on the «lav when or
legiKtive Port,
voted
almost a singleone. It might provide for acquiesced in by the public and re ganization was perfected, it is man
us-Jfin ously in favor of the new the annexation of territory without cognized by the public authority, ifest that this provision is directory
corporation.
The County Court the consent of the inhabitants of we cite the cases of State, ex rel, vs as said by Justice Burnett in the
SKI the proclamation provided any part of the territory affected, De Moines, 93, Iowa, 521; 31 L.R.A. case of Bennett vs Senirstacken,
^^Kk statute for such cases, de or it might make the change of 186. People vs City of Long Beach, 113 Pae. 864. Anil as all the com
cl^B*f ,be incorporation of the the corporations boundaries de 102 Pac. 664. ( Note 10 ) See 66 Di lion missioners appointed by the Gov
Pott ; the Governor appointed the pendent solely upon a vote of the Mun. Corp 5t)i ed.
ernor thereafter participated in the
itUfKhlmil defendants as commie inhabitants of the corporation. The
In this case the people affected proceedings of organization and
JU*- they qualified and received consolidation of two corporations did acquiese in the proceedings. recognized by their actions all of
fj^Bcommissions organized and might have been affected by the There was a general participation the proceedings that were taken on
I^^Bbeen acting as .such ever.since. legislature and left to be determined in the election, aud a vote for incor the day of the organization, it is
PffK of the commissioners whose by the vote of the two corporations poration was affected, which was manifest that nothing entereif in
expired were re-elected as as a whole, and there would not recognized by the county court, by this circumstance which
wouhl
»¿•Hat tlie regular election in No have needed to have been a majority the governor and secretary of the require the overthrow of the organ
■.-.Hri 1910, and qualified under in favor of the proposition in each State, and by the assessor, county ization as a whole.
■gfiS election.
Tax levies
were of the municipalities. These are clerk and sheriff of the county.
•>
nq^H by the new Port for the years matters of general principles of The taxpayers paid the taxes levied
^KBand 1910, and the same have law established by decisions of the in most instances, without even a Foley’s Honey and Tar Cotrpound
collected against all of the various states, and not open to con formal protest, and we insist that is a reliable family medicine. Give
pMfterty within the Port, only a troversy, but as covering the ap these circumstances are sufficient it to your children, and take it your
UtKll per cent being uncollected plication of the various principles to aid, at any rate, the contention self when you feel a cold coming
fío
ft^Hither year. As to part of the we would cite the following :
that the port should be upheld if on. It checks and cures coughs
tKoine protest was made against
State vs. Cincinatti, 52 Ohio St,, there is any room for holding the and colds and croup and prevents
l^Hiayment, but from tlie evidence 419 ; 27 L.R.A. 737.
' proceedings unequivocally void in bronchitis and pneumonia. Sold
¡^Kpears that practically all of the
State vs. Westport,
I 22 South- the first instance, while the time hv Chas. I. Clough Co.
Mfwas paid without the sheriff western, 888.
. which was allowed to elapse before
Mg request to note upon the
Taggart vs. Claypole, 145 Ind., aujt was brought to contest the
tKipts that the Port tax being paid 599 ; 32 L.R. A. 586.
Wants Dairy Ranch.
validity of the corporation was not
t^Ker protest, and the evidence
Forsyth vs Hammond, 142 Ind., as great as in some cases, and the
¡^Seated that while there was some 405 ; 30 L R.A. 576.
resulting confusion might not be so
I have a reliable client who
^Satisfaction, the taxpayers gene
Dillon on Municipal Corporations, great as in the cases referred to, pay cash for 40 to 75 acre dairy
were disposed to acquiesce in 5th Ed., Sec. 355.
we believe that there is sufficient of ranch in Tillamook county, mostly
flHniatter and were paying their
The Act of 1909, Sec. 6114, L.O.L. that to give substantial weight to cleared, with or without liuildings,
H- and not intending to resist provides that municipal corpora the contention of_the defendants in with or without cows. Give price,
validity thereof until in 1911 tions designated as ports may be the case.
distance to creamery and full par
K>s were taken by the Port look- incorporated in counties bordering
That the acceptance by the people ticulars in first letter.
Must be
Just as our portraits of adults
to the issuance of bonds for the upon bays and rivers navigable of a municipal corporation of the snap. Address E. M. Shutt, Hepp
possess strength and character.
^Kpose of carrying out improve- from the sea, etc. The only limita provisions of a new charter, operates ner, Oregon.
Hnts which ports are by the law tions in this section are that such to repeal a foimer charter, we cite
We are experts in lighting
Mhorized to make.
Thereupon corporations must be in counties the case of Patterson vs Society,
M>se dissatisfied employed special bordering upon bays and rivers, etc., 24, N.J. Law, 385.
Also, that
and posing, and our equipment
Kinsel and caused this proceed- or containing such, navigable from the annexation of one corporation
is complete. Come in and see
Hg to be brought.
the sea.
to another operates as a repeal of
The next section provides for a the charter of the corporation so
■The defendants attack the validity
our
line.
■ the “Legislative” Port, on the petition which shall specify the annexed.
See Sanitary Board of
Hound that the act incorporating boundaries of the proposed port, East Fruitvale, Sanitary District 111
■ attempts, in effect, to delegate to and provides that where Buch a • Pacific, 368, Where the court quoted
Ke people of Tillamook City, the petition is filed for the incorpora j with approval from a decision hold-*
Kht to levy a tax and exercise tion of a port the territorial limits i ing that a limited corporation being
Next to the Post Office.
Ke other powers named in the act, of which do not include the county •annexed to a city was thereby dis
You like a little salt and pep
Ppon property and persons lying as a whole, the limits shall not ex solved, and holding that the cor.
little mustard—a little
■itside the limits of Tillamook City. tend beyond the natural water shed pyratien with limtted powers might per—a
basin whose have incorporate«! as a city without lemon extract —a little thia and
Hus is not attempted to be done of any drainage
■irectly, but this result is reached waters flow into another bay, etc., first dis incorporatiog', and this was that to flavor your grub. Your
■one the less surely, if the act be situated within such county. No a case involving territory of more cow, your steer, your hog under
■ pheld. The Mayor of the City thing in this limitation would ex than one corporation existing iu tlie natural conditions would have a
chance to get a trite of this, a bite
Ippoints the governing board, and clude an existing port
first instance.
It is then provided, after the
Is the Mayor is elected by the
See also Sections 355 to 357 Dillon of that and a trite of tfie other
thing and so get a variety in its
people of Tillamook City alone, electiou is held, that if it appears Municipal Corporations, 5th Ed.
they are thus given, indirectly, the from a canvass of the votes that a
We would further call the court’s feed. But under the unnatural
power of taxation over this outside majority of the votes cast at such attention to the condition of the condition in which yen keep
territory. Whether the quantity be special election were in favor of in constitution of the State as to the them, they get every day about
great or small or whether there be corporation, the court shall make legislature’s power in the formation the same sort of stuff to eat. As
any one living in the territory we proclamation as set out in the act. of municipal corporations: Section a natural co„se«iuence they get
Even if they
rontend is immaterial as the princi- The form of the proclamation 2 Article XI. prohibiting the ena -t- “off their feed.'
ble that taxation and government prescribed clearly contemplates an inent by the legislature of any do not. their digestive organs
go hand in hand would be equally order by the court fixing the boun municipal charter, but providing need the tonic effect which comes
daries as described in the petition that they may lie formed tin ier from a variety of feeding stuffs.
applicable.
That the Legislature cannot au and not Otherwise, and the next general laws. The only restrictions
Watkins’ Stock Tonic
thorize the levy of taxes by a muni- section provides that after such placed upon the power of the leg Is a scientific preparation which
proclamation
the
inhabitants
of
islature
by
this
aiiiendment
being
pality upon property lying outside
territory shall be a corporation, etc. that the enactment by it in reference not only improves the flavor of
its coporate limits, see :
There is no where in the statute to such matters shall be general in the feed you feed, but also sup
Cooley on Taxation, 3rd ed., Vol.
any provision that can be reason their nature, and it would accord plies that tonic element so needed
1, pp. 249 253.
to make your live stock do their
\\ ells vs. Weston, 22, Mo. 384 ; 66 ably construed as intended that the ingly appear that if the legislature best.
act shall be so administered as to could formerly have provided by
Ain., Dec. 627.
There is no longer any doubt
exclude entirely the territory with special act for the formation of a
28 Cyc., 1676.
about the need of a tonic for the
City of Charles vs. Nolle, 51 Mo in another port, and, as suggested, new port which would include ter- modern domestic animal kept
it seems very clear that the first jritory of an existing port with
122; 11 Am Rep 440.
under artificial conditions. You
The taxing power should accom paragraph ot Section 6125 L.O.L., |additional territory, it might have must give them something to
was intended merely to negative ■provided for the organization to
pany government a power.
help them digest their feed and
The district to be taxed shall be the idea of an implied repeal of : take effect not only upon a vote of get thè greatest good from it.
coterminous with a district to which existing laws and not to limit the !the whole locality interested, but Watkins' Stock Tonic supplies
.— people
,—
even by a vote —
of the
alone thia need. It makes the animal
some right of local self-government application of the act.
The statute does not expressly of the
original ' corporation,
1
---- J
‘
■ an,l relish its feed more; it airln in
is given, and hence ia, from its
——- *•
----------
¡------------- stan
i.—. ling as it
rP9‘ 'with
the
constitution
nature, equally applicable to a case provide any manner for reincorp«-!
the digestion aud assimilation
in 1909 the same result could of
__________
in which the grant of governmental ration under the act of 1!<W, ant ••¡did
the feed, an«l in addition to
l>ower does not extend over the would seem that the intention was, have been, and we think was work
that, it has a ionic effect upon
whole of the area covered by the that the proceedings should be . e«l out by the legislature as to this the whole system.
delegated power of taxation. In taken therefor in exactly the same | case by providing by general law
Your animals nee«l H a tonic of
every such case so much of the manner as prescribed for an origi-1 applied to all similar casis for the this kind. Watkins’ Slack Tonic
I incorporation .which would include
urea of taxation as lies outside the nal incorporation.
not a secret preparation. We
If. then, the original port might additional territory by a favorable is
political district would inevitably
tell you the actual ingredients
represent the reprobated situation, have reincorporated by such pro-1 vote of all the people óf the territory that are use«I in it. You know
in that it would be taxed by an ceedings. there seems to be no affected.
exactly wliat you are buying, and
agency with which it had no {>oli reason why it would not lie proper j As to the matter of procedure fioun«! for |>oiin<l it will go farther
for
the
petition
therefor
to
include
i
follows«!
in
thia
proceemoif
an«!
tical relationship.
and «lo more good than any other
Vr.n Cleve v.
Passaic Valley territory in addition to that in ■’ alleged defects which are claimed to stock tonic or so called stock
eluded
in
the
original
port
it
the
exist
in
it.
we
wish
to
offer
the
fol
Comre., 71 N.J.I- 574 ; 6U Atl 214 ;
f«»<>d ever made.
additional territory was within the lowing
1IB Am S.T. Rep. 754
The Watkins Man will lie gla«l
limitations
prescribed
in
the
act,!
First,
as
.
to
..
the
matter
of
the
filing
“Although the legislature may
to leave you a pail on trial,
for legitimate pnr;>oses delegate that is that the same should not of the petition and the order of tl»e backed by the Watkins guarantee,
the taxing power to municipalities, extend beyond the natur«! water court thereon, it appears that |>eti-
Deliverd by Waggon
it cannot be delegated without the shed of any drainage basin whose tion was file«! on |uly 7th prior to
the coo vening of the court on that
consent of the people of the munici waters flow into another bay. etc.
R. R ROBERTS
day;
that
the
petition
waa
pre
»ente«!
If this could not be done, within
pality to any person or persons not
elected by, and immediately re the territory lying ouside the origi- to the court on the same da), and it
The
fitted by Attor-
T. Botts for
; Port.
Reliable Route
Steamer
Sue H. Elmore”
Tillamook & Portland.
Leaves Portland, Albers No. 3 Dook
Every Tuesday, Arrives Tillamook
Wednesdays,
•PACIFIC NAVIGATION COMPANY.
MORNING AND EVENING TRAINS.
ASTORIA to PORTLAND
UflJVlB-SCHRflDER CO
Incorporated.
Warehouse and Commission îvien.
Coal, Shingles, Lime,
Cement and Brick.
I
r-
Dock and Warehouse. Front Street,
between 2nd and 3rd Avenue West
Child Portraits Made by
Us are Child-Like.
Are You Giving
Your Live Stock
a Fair Deal ?
Monk's Studio,
BEAVER
STATE
Hard Wheat
Patent Flour
A TRIAL CONVINCES
Every Sack Guaranteed *
to Give Satisfaction e