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About Tillamook headlight. (Tillamook, Or.) 1888-1934 | View Entire Issue (Oct. 1, 1914)
w Tillamook Headlight, October I, I«^4- QALVIN R. WORRALL subdivison six. . [ The number and form in^which*the ballot titles for WHO IS TO BE MADE f Seventh ; That the act or omission i charged as the crime is stated with THE „“GOAT ?” said measures will be printed’on the official bollot is as such a decree of certainty as to enable > Attorney Johnson Punc the court to pronounce judgment, upon follows: ♦\ tures Attorney-General’s a conviction, according to the right of TShall a measure entitled ‘A Measure the case. Every fact is stated with Opinion. to Amend Article VII of the Charter of certainty, so that the court could pro Tillamook Citv, Oregon,’ proposed by Everything re the Common Council of Tillamook City, District Attorney Gersoni handed us nounce judgment. by Ordinance No. 282, be enacted? quired by the statute is found in each This”measure changes Article VII of the following written opinion bv At the Charter of Tillamook City, Oregon, torney General Crawford in regard to of the indictment-1. Therefore, in my opinion each is a so as to provide that two thirds the much discussed indictments recently owners may prevent street thrown out of court by Judge Holmes, good indictment under the laws and the “Proposed by the Common property improvements by the Common Council, court was in error in not so holding, I and allows property owners to specify with the request that we publish the li owever. I see no remedy except the Council: the kind of street improvements they same for the ¡information of the pub state might have the right to appeal. wish made; makes more definite prop lic. September 22, 1914. There are two cases where appeal is chargeable with expense of im YES. erty 100 provements, requires published esti Mr. M. J. Gersoni, given to the state. Under section 1607. mate of cost before improvement is L. O. L., the state may appeal to the District Attorney, ordered which cost can not be exceeded NO. more than five per cent, makes the city 101 Tillamook, Oregon. Supreme Court: surveyor City engineer, makes the Dear Sir: w First: Upon a judgment for the de Bancroft Bonding Act specifically In accordance with your recent re fendant on a demurrer to applicable, with changes, authorizes change of street grades and assess quest, I have examined the indictments ment; Second: Upon an order of the cour ment of benefits and damages caused in the cases of State of Oregon vs. thereby, authorizes guaranty by Citv Lloyd Williams and Howard Edmunds, arresling the judgment. of street improvement bonds, subject charged with violating the Game and The defendants in cases at bar hav- to referendum, and provides for re Fish Laws by exploding powder and ing impaneled a jury before raising assessment where original assessment invalid. Mark X between the number dvnamite in the waters of the Trask any objections to the indictment and and answer voted for.” River, without first obtaining an order then objects to any evidence being pro from the authorities of said Tillamook duced for the rea-on stated in its mo Shall a measure entitled “A Measure County, and the State of Oregon vs. tion that the indictments did not state I to Amend Article VIII of the Charter Herman Schollmeyer, charged with a crime and asking a court to direct a J of Tillamook City, Oregon” proposed violating the laws pertaining to the verdict for the defendant amounts to Proposed by the Common! - by the Common Council of Tillamook protection of forests and of preventing nothing more than a demurrer to the I City by Ordinance No. 582, be enact- and suppressing forest fires, by setting indictment under the first subdivision I ed?” Council: fire without first obtaining the written of said section 1607, you might be able This Measure changes Article VIII [ the Charter of Tillamook Citi y by I permission from a fire warden there- to sustain an appeal by claiming that YES ) of 102 it amounts to nothing more thar. a de “I am in favor of Local Option. providing for the assessment of bene- I----- for. I am a thorough believer in j fits against property specially benefitt- In my opinion both of said indict murrer to the indictment. In each case, 1 ed by opening, closing or changing the ments are goed upon the fice and not if ycu appeal, let the records show LOCAL SELF-GOVERNMENT NO. streets and making the same a lien on 103 and believe that every self- [ such propertv* Also allows appeal from vulnerable to demurrer, and each states every thing that was done up to the governing community which assessments in such cases. Mark X be a crime under the laws of the State of time the motion for a directed verdict tween the number and answer voted Oregon. You state in your communica was made and the.i claim the motion to constitutes a social unit should J for. have the right to CONTROL tion that the indictment against Her be in effect a demurrer to the indiett the matter of the regulation or man Schollmeyer was held insufficient ment, and that the directed virdict was the withholding of licenses.” by the court for the reason that it not on the merits of the case but it ap Shall a measure entitled “A Measure to Amend the Charter of Tillamook reads: pears from the record that it is planned City, Oregon, by adding thereto an “without having on said day or any as a sharp trick in practice and was Article to be known as article XII,” time prior thereto obtained written deferred until that time in order to bar proposed by the Common Council of permission from a fire warden.” Tillamook City by Ordinance No. 282, the court holding that the indictment the state of any right to spDeal which Proposed by the Common be enacted?” it would have ha I if the demurrer to should have read: the indictment had been presented at This measure adds a new Article ti “ obtained the WRITTEN OR Council: the Charter of Tillamook City and pr" the proper time. PRINTED PERMISSION from a vides procedure to be followed when fire warden.” Therefore, I would advise you to ap bonds are issued; that all ordinances While the statute making it a crime, peal to the Supreme Court in each of YES. for 104 issuing bonds are subject to refer endum except for Btieet improvements provides no fires shall be set as these the cases to test the question as to where city does not guarantee paament fires were without first obtaining the whether that kind of practice will be 105 thereof, requires all bonds to be sold written or printed permission. If either considered to prevent the state from for not less than par, and reserves the of those words are used it includes an appeal when such verdict would not right to the city to take up any bonds at or after 5 years from date of issue. both. Section 2401, Lord’s Oregon be a bar to further prosecution. “Mark X between the number and an Laws, Criminal Code, reads: Very sincerely vours, swer voted for.” "The term ‘writing’ includes print A. M. Crawford, ing.” Atterney General. and was enacted for the express pur Shall a Measure entitled ‘A Measure pose of avoiding technical decisions of to Amend the Charter of Tillamook the kind evidently rendered in your Attorney Johnson Takes Wack at City, Oregon, by adding thereto an Ar Attorney General. Ex-President, Statesman. Jurist and Professor, tn an address on Civic ticle to be known as Article XIII’ pro case. I conclude the statute perhaps To the Editor of the Tillamook Duty, said: posed by the Common Council of Tilla was not shown to the court at the time Headlight. Proposed by the Common mook City by ordinance No. 282 be en it made its decision. “Nothing is more foolish, noth Dear Sir:—I have just read the acted?” ing more utterly at variance In the case of the indictment against This Measure adds a new Article to opinion of the Attorney General . Council: with sound policy, than to en the Charter of Tillamook City making Lloyd Williams and Howard Edmunds, of Oregon which asserts that the in act a law which, on account definite provision for the exercise of reading in part: dictments filed at the last term of the Initiative and Referendum as to of conditions surrounding the “did willfully and feloniously YES. 10G City matters, requiring that 15 days our Circuit Court in the cases of Ore take, kill and injure fish in the community, is incapable of en notice at least be given of any election waters of the Trask River in said gon versus Williams and Edmunds forcement. Such instances are on any matter submitted to the electors County and State, by means of NO. 107 and Oregon versus Herman Scholl under the initiative and referendum, . . . presented by sump then and there discharging and ex meyer are good indictments. This of and that the full text of any measure tuary laws by which the sale ploding powder and dynamite in submitted shall be published. Under course is a matter about which the the waters of the said Trask River of intoxicating liquors is pro present condition these matters are left without having first obtained an best of lawyers might differ, but it is hibited under penalties in lo entirely to the discretion of the council order from the board of County only necessary to notice one part of Mark X between the number and an calities where the public senti Commissioners of said County of swer voted for.” of the Attorney General’s letter to Tillamook, permitting them or ment . . . will not sustain / • either of them to explode or cause enable even the individual of the most the enforcement of the law. to be exploded saia powder and mediocre talent to pronounce with Shall a Measure entitled 'A Measure dynamite in the waters of said certainty that the Attorney General to amend the Charter of Tillamook City, Trask River.” Oregon, by adding thereto an Article You state that the court held the in knows little or nothing aboutcriminal to be Known as Article XIV, providing dictment did not state a crime. The law. The part of the letter which I for the refunding of the outstanding warrant indebtedness of Tillamook indictment shows the court in which refer to is the part in which he ad Proposed by the Common City, Oregon, and running expenses the trial was being held, the tith of vises Mr. Gersoni to appeal to the for 1914, proposed by the Common the case, the date on which the act wa< Supreme Court. Almost every grad Council of Tillamook City, bv Ordi committed and defines the act to be uate of high-school knows that when Council: nance No, 282 be enacted? taking and injuring fish in the Trask a man is arranged before a jury upon This Measure adds an Article to the 108 YES. Charter of Tillamook City, authorizing River in the County of Tillamook, a valid indictment and that jury after the issuance of bonds of the city to the states the means used in killing the fish a plea made by the defendant renders amount of $70,000.00 to take up out and then concludes by saying: verdict of ‘‘not guilty” the con 109 NO. standing warrants to pay current ex “The defendants did this without a stitution of the United States and the penses of the City foi the year 1914. first having obtained an order from constitution of every state in the Under this Article no warrants are to the county court permitting them be taken up except those for which the Union inhabits an appeal from such to do so. ’ ’ city has received a consideration. verdict and the judgment founded It contains every requisite prescribed Mark X between the number and by the statute and in my opinion the thereon.. answer voted for.” So, If the Attorney General's opin ruling of the court was erroneous. The statute, section 1448, L. O. L., pro ion is so glaringly erroneous upon Said election will be held at 8 o’clock in the morning vides that the indictment is sufficient this elementary question, no attention Ex-President, Soldier, Explorer and will continue until 6 o’clock in the afternoon of said if it can be understood therefrom: should be paid to any portion of the and one of the most remark First: That it is entitled in a court text contained in this letter. We can October 19 th, 1914. able leaders in the United having authority to receive it, though only wonder why the State of Oregon States, is a strong champion of Dated this 24th day of September, 1915. the name of the court be not accurate selected such a man for the high LOCAL SELF-GOVERNMENT ly stated; and in that respect, neither station of Attorney General, but at JOHN ASCHIM, and Home Rule. He has never the same time have a satisfactory the indictments are sufficient. raised his voice in behalf of City Recorder of Tillamook City, Oregon Second: That it was found bv a reason for his rejection as Republican statewide prohibition, and so grand jury of the county in which the candidate for Governor. he has suffered attacks from court was held. That is shown by each S. S. Johnson. radical and hysterical prohibi indictment. tionists. As between a man of Third: That the defendant is named, Cut Prices. Theodore Roosevelt’s ability i or if his name oannot be discovered, and standing and those who that he is described by a fictitious are the paid emissaries of pro Cabinets, per doz. $1.00 and up name, with the statement that his real Post cards .......... fessional propagandists, the .50 and up name is to the jury unknown. The Enlargements . . . .25 and up voters of Oregon will not be « • names of the defendants are given in Tillamook Studio. slow in passing upon the wis Opposit Court House. each case, hence it is not defective un dom and credibility of the - der that subdivision. witnesses. The two boys who were awarded VV—« W h W » w h w Fourth that the crime was commuted . within the jurisdiction of the court the greater number of credits and except where, as provided by law, the thereby earned a membership to the act, though done without the county iu , Boys’ Fair Camp, State Fair, Salem, Course. Jolly Dime Social. Oregon, Sept 28 to Oct. 3, are Ches At the Parent-Teacher's Association which the court is he|d, is triable ( Jensen, of the Boulder Creek A Jolly dime social and program will a committee has been appointed to therein. This is fully shown in each ter , School, Dist. No. 50, and Miles Bla be given hy the Parent-Teacher’s Asso procure a handsome picture which will indictment. ciation Friday. Oct. 9, 1914, at the be awarded to the school room for the Fifth: That the crime was commit lock, of Brown Schood Dist. No. 32. These boys have their car far e paid, High School Auditorium. following month, which has the best ted at some time prior to the finding of the State Fair Board provides board The admiaaion will be ten cents for the indictment, and within the time representation of parents at the meet- adults and five cents for children. limited by law for the commencement and lodging for them and gives them 'WT. The money collected will be used to Each indict free passes into the entire ground. The regular meeting of »he mothers of an action therefor. pay the due* to affiliate with the Moth ment discloses those facts perfectly. ers Congress, which will entitle us to will be held the fourth Friday of each Sixth: That the act or omission month in the grammar grades school the loan papers of lectures by eminent charged as the crime is clearly and dis MRS. ALICE HEITSMAN, speakers Everyone cordially invited. house. tinctly set forth, in ordinary and con 1. 2, 3 Room Apartments, fl* Owing to a social which will be held The Parent-Teacher’s Association cise language, without repetition, and Furnished or Unfurnished, shall boll ita meeting the second Mon- at the Christian Church on Friday in such a manner as to enable a person Paid Advertisement $1 to $5.00 PER WEEK day in October at which time we hope the above mentioned announce- of common ” understanding to know Taxpayers and Wage-Earners’ League Free Phones. Water and Light. to have with us some eminent speaker, ment W'H be postponed until Friday, of Oregon. Portland, Ore. what is intended. It is clear that the First St and 4th Ave. East, sent out by the University Extension 9th- indictments are not defective undir LAWYER, BUSINESS COUNSELOR TITH» ACCOUNTANT, NOTARY ’ LAST THREE PRESIDENTS OPPOSED TO PROHIBITION PUBLIC. 25 years experience. Con.u),^ Free. " ......... . . Ulll> Bl-1. Tiita^ QR. I.. I.. HOY, PHYSICIAN AND SURGEON T illamook B lock Tillamook, - . ________ _______ 2 . (Successor to Dr. Sharp), DENTIST. JACK OLSEN, DENTIST. (L O. O. F Bldg.) Tillamook . Oregon' C. HAWK, PHYSICIAN AND SURGEON L Bay City TIUüAmOOK. OREGON. Drop in and Look Around.” Register and Vote Watchtower Apartments' ¡T illamook ................. O regon Oregon I Q arl haberlach , I ATTORNEY-AT-LAW. i T illamook B eock Tillamook H. .Oregon GOYNE, ATTORNEY-AT-LAW. Office: O pposite C ourt Hov8$ Tillamook .... Oreg01 J OHN LELAND HENDERSOli ATTORNEY AND COUNSELLOR-AT-LAW. T illamook B lock , Tillamook - - Orw - - ROOM NO. 261. WILLIAM HOWARD TAFT Ç I TillaiE0Ck Commercial Building, PRESIDENT WILSON SAYS L HMAR’S VARIETY STORE, n Oregon. J2)K- ELMKR ALLEN / THEODORE ROOSEVELT ' J. CLAUSSEN, . LAWYER, E DEUTSCHER ADVOKAT 213 T illamook B lock Tillamook Oregon - T. BO ALS, M.D., PHYSICIAN. AND SURGEON, Surgeon S.P. Co. (I. O. O. F. Bldg ) Tillamook .... Oregon . REEDY, D.V M., VETERINARY. Both Phones. Tillamook - Oregon E. E, DANIELS, CHIROPRACTOR. Local Office in the Commerciti Buildiug. TILLAMOOK - ORE E. HEWITT, OSTEOPATHIC PHYSICIAN AND SURGEON. . OBSTETRICAL . SPECIALIST. Beth Phone» ! Residence and Office in Whiteho1* Residence, TILLAMOOK, OREGON. J T T. Buna A A . ATTORNEY-AT LAW. Complete Set of Abstract Books*, Office. Taxes Paid for Non Residents. T illamook B lock , Tillamook - - - - Both Phones. G. McGEE, M D- PHYSICIAN & SURGEON Office : Next door to Star Theatre f < FORGE WILLETT V ATTORNEY-AT-I A Wl J T illamook C ommercial BUiU** . Orif* illamook DR. I Fye 91 Fit Oh Reasonable Price*