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*