Tillamook headlight., January 06, 1916, Image 10

^LLAMOOK HEADLIGHT JANI ARY 6, 1916
When we come to the District At­
torney’» office there seems to be
some misunderstanding as to the law.
County Court Made a Faithful, Pains­ The relator desires first that the sal­
ary of the district attorney be speci­
taking Effort to ComPly With
fied. It is only county expenditures
The Law.
that are to be enumerated. In lyij
Holding that the county court of the legislature privided for a district
Tillamook county had substantially attorney in each county of the state
complied with the law in preparing and directed that his salary be paid
the estimates for the 19*6 county by the state, fixing that of the dis­
budget, the supreme court today in an trict attorney for Tillamook County
opinion written by Justice Bean, re­ at $1200 per annum (Gen. Laws, I9*J.
fused to issue a writ of mandamus to p. 686), so that the county is not re­
quired to bear burden alone. 1 he
make it more specific.
Alleging that the estimates for present regime has not been long in
road improvement, the surveyor s vogue and the county court might
office and district attorney s office not have had such data from which to
were not itemized, but made out in estimate the expenses of this office
the aggregate, S. V. Anderson, insti­ separately. In making the fifty-eight
tuted the proceedings, contending estimated items of county expendi­
that this was a violation of the law 01 tures for the coming year, as shown
1913 on the subject. Incidentally the by the writ, three of which are com­
court also held that before a private plained of, the members of the coun­
party could institute mandamus pro­ ty court did not evince any wilful dis­
ceedings in such a case, a demand regard of their duty. Neither does it
must have first been made on the appear that their action was extreme­
county court for a more specific esti­ ly wrong or flagrantly improper. Sec
State ex rel. vs. Bare, 56 S. E. 390.
mate.
It was certain timber owners who Indeed, it did not occur to the learn­
instituted the proceedings which was ed council for the relator, to assert
engineered by John T. Dougal, An- that by reason of the generalization
derson simply swearing to the com­ of the estimated items, the petitioner
.’and other taxpayers were unable to
plaint.
'
We give below part of the order of gain sufficient information tc intelli­
gently discuss the questions with
the Supreme Court:
It appears that the county court their county servants. On the whole
made a faithful, painstaking effort to , it does not appear that the writ is
comply with the requirements of the necessary in order that justice may
statute. While the result is commend­ be done in accordance with the stat­
able it may not be perfect from a ute. The matter involved must be
technical point of view. Neither is it substantial and of sufficient impor­
plain that the relator is legally cor­ tance to justify the use of the remedy.
rect in all his claim. The obvious pur­ ¿6 Cyc. 156. 1 he writ is employed to
pose of the law is to have an estimate promote principles of justice, it will
of county expenditures made and pub­ not issue in support of unjust claims,
lished, together with the total amount although they may be technically
of taxes levied by any road or school regular. 26 Cyc. 155. 19 Am. & Eng.
district, city, port, or other tax levy­ Ency. of Law, 737, states the rule and
ing authority within the jurisdiction its exception thus: "The writ cannot
of the county in order that tbe tax­ be used for the correction of errors.
payers may be informed approximate­ If, however, such judgment or dis­
ly the amount proposed to be levied cretion is abused, and exercised in an
against their property and the pur­ arbitrary or capricious manner, man­
pose for which is to be expended, in damus will lie to compel a proper
order that those upon whom the tax exercise thereof.”
No suggestion is alleged to have
burden rests may oppose or favor any
such levy in a discussion with their been made to the county court for a
officers. The statute was not intended more specific estimate. As a general
to stop the wheels of progress or to rule where the duty to be performed
be a stumbling block. Taking up the by an official, is of a purely public na­
estimates under the three heads com­ ture, wherein no individual right or
plained of, in their order, and looking duty is concerned, and where there is
at the law, we find that it directs an no one person upon whom the right
estimate to be fully itemized showing or duty devolves to make a demand
under separate heads the amount re­ for performance, an express demand
quired for each department of county or refusal is not necessary. See spel­
government, each county improve­ ling of Ex. Reliev 1381. The law does
ment, and maintenance of each coun­ not require a useless thing. But there
ty building, etc. When
come to is exceptions to this rule. Where the
the matter of highways, vvj And em­ proper mode of performance is doubt­
braced in one group “fo* the Improve­ ful, a demand specifying the proper
ment and maintenance 61 public high­ mode will be required before the man­
ways, roads, streets, bridges.” The damus will be granted. Merrill, Man­
contention of the relator as set forth damus, 224, p 279. It is also stated by
in the petition and the writ is that the last named authority that: "When
specific separate amounts should be a mandamus is asked by a private
designated and expended for the (1) party to compel a public officer to
’improvement,” (2) or "maintenance” keep his books in a certain way, in
of each public highway, and (3) each older to conform to the statute he
road, etc. To distinguish in all cases must have requested the officer to do
between an improvement and a main­ so before he asks for a mandamus, be­
tenance would be exceedingly diffi­ cause there are often differences of
cult, if not impossible. We do not per­ opinion as to the construction of a
ceive that for the purpose of the esti­ statute, and the officer should have
mate, the law recognizes a difference an opportunity to act on the relator’s
between "highways” and "roads.” construction before being involved in
Neither does it require that a street litigation.
should be given a separate heading. w "r.ee a's<L State vs. Eberhardt, 14
Pursuant of an old custome bridges «eb. 201. I his case, upon which the
are embraced in the same category latter part of the text is based, is the
with roads and highways, yet the re­ ”earc®« m point of any authority we
lator requests an estimate for "each rind. See Women's Catholic Order of
highway” “each road” "each street” rorresters vs. Condon, 84 Ill. App
and “each bridge.” Such a construc­ 546. lngerman vs. State, 128 Ind. 22?.
tion of the statute would be practic­ in the matter under consideration the
ally injecting into the same word diT? .V prcparcd ior Publication in-'
“each” where it is not found. The law licate that the county court was wili­
does not indicate whàt would be ng to fully comply with the law, and
termed a road or highway, or wheth­ there appears no refusal to adhere to
er it should be designated by name, any reasonable demand if one had
description, or number, as laid out w^thin’rhe'’ t lUS ■ br«nging the case
and established, which would seem to within the exception noted. People vs
be essential if it contemplated a com­ ?eU “CT * W- T-’: State vs’ *«’"“«
30 "■ash. 676; In White
pliance with the relator’s demand. i. •
Doubtless, if a considerable amount ^n7ver’Bank; 23 Vt 478- The writ will
y issue in cases of necessity to
of money was to be raised for the
construction or improvement of a Ihere" ‘nj.ust!ce’ °r great injury. If
there
is a doubt of its necessity or
particular highway or structure, in
UV
order to conform to the spirit of the P For1^’ I»1" "Ot g°- 26
law and to fully inform the taxpayers, .„,5 ‘j® dlficrcn‘ reasons referred
to, the demurrer to the writ shn..t 1
it should be mentioned. That the be
sustained, and it is soldered
technical nicety suggested is manda­
tory in all cases, we cannot concede.
Substantially the same difficulties Notice of Sheriff’s
Sale of
would be encountered were an at­
Real
Property.
tempt made to segregate the amount
necessary for repairs on machinery
------o------
from that which would be required
lor supplies. Such details are not and byCvirtueCniby g'Ven’ that under
within the mandate of the law.
Exception is taken by the relator sued out oi the circuit court of th.-
because the number of road supervis­ u’in ?h °regon’ ‘or Tillamook Coun-
ors and the amount of the salary of t>, "’ «he cause wherein J. M Nichols
each are not given in the estimate, iu*lr«trOrae’ and J0' ^«rome
these positieons arc filled by ap­ plaintiffs, and Frank Shipley were
and
pointeront under section 6314, L. O. L. Mrs. Naomi Shipley
" . Jenner
and their per diem compensation fix­ and Mrs. Allen Jenner Allen
wcr
c
J
clen(1
were dcfend-
ed by section 6319, L. O. L. They are
upon a judgment duly given and
road district officers and do not come ants,
on* th"' trr1 ,he «id
within the class of salaried county of­
th.
da>’,of November, io( s
ficers or employes within the mean­ Tn
Cr«onC,rr* ' rC°Urt Of ,he S,a‘’ oi
ing of the law. Payment for their ser­ S regon, for Lane County, whic’
vices ts properly included in the ex­ judgment was enrolled and docke' J
penses of roads and bridges, and no m the Clerk s office of the s°,d <-ed
one could be misled or injured bv' fUI,T2urt °f «he State of O» L,r’
such listing. There was therefore a for Tillamook County, on tb ■ego,y
substantial compliance with the en- day of December, tgt\ ”"4 c
aFtment as to public highways.
«he sum of $880 oo, the furt"
for
I. nder the head of Surveyor's office $107.00 attorney’s fees anZ
m °!
«ne writ is predicted upon the theory $¿7 00 costs and disbur»
SU’n 0
hat the surpevor of this county has a "landing me to satisfy th? saM 'T’
ictiune of regular salaried employes »"ent, less the sum of tlL*
Judg:
It is not alleged that he has such a
said judgment, Kv\h.
«"tee. nor do we know it as a mat on
sale of the proper* v* f
t
• er of law Except in counties having ant».
P
of «id defend-
39.000 or more inhabitants, tinder sec
1 !«ave du,y levied
étions 2985 and 6319, L. O. L.. and upon and "
.’’««•. day oi
other statutes, the county surveyor is February, 7$
naid a per diem or according to the «he front door*th? ° C °ck ••«"•> ’«
ee system. That official is authorized house in Til>>m ur-- coun«y court
Tillamook
¿nP,PT' *”,»‘ao«s »«ch as chain- County Ori?£0ok
"««" »nd markers, etc., the maximum «Itscnbed r*a8
I1,,h*’ hereinafter
ot whose compensation per day ¡« defendants
T °f ,he sai<i
fixed hv section 2987, L. O I No highest bridder^fot
””
■ipproximately correct est.mate of the order to satisfv L? h ,n hand’ in
*A* °f ?nch "usual estimates »aid judgment \ thf ar®ount due on
ould be made and the statute does «he costTTTd i
including
a"d y«eh
,hi* *n«
not reqn.re ,t Neither do we believe «d
pi «hi»
>ne law presume» that the
ertv is
The sauf real prop-
d*»£ñbed
‘h?”c?«S »'I*"»' «h* estimate of
e 'T
:
« The
N. N
W^^of
«he S W , o <4 wit
and
he coat of surveys” Qnm the “cost
W
• lehnï",Cnn’r ’’.h *«,ld *eem thate if «he __ N. Tp.
s S R .c ?. • E-, M of Sec-
SUPREME COURT SUSTAINS
TILLAMOOK COUNTY.
io. in
«dtamook Count» r>
M • ,n
necessary the matter should be left ,n
.»«
,<„k more oHfT
, ’ «*»*«-
< fc acre».
eer The writer
•■ot being one gladly leaves this sub
” , Crenshaw,
TiilaiY!
’?^’ Shen’ff oí
Til*
• County,
-
et tn legal questions we alwavs e» ...
_..
,l -----
»mook
Or
First
publicati
iect u fin<1 Jomc difficnltica
La»l pubheat..
I
Sensational Sale of
i
t
MANUFACTURER’S CLEARACE
*
Thirty-five Hundred Yards of
COTTON GOODS
Ginghams, Chambrays, Zephyrs, Percales^Romper Cloths,
Tickings, Madras
--------- Waistings, Crepes, Table Damasks,
Aprons. Sheets, Pillow Cases and Towels at Wonderful /
Savings.
* >
I
T will pay you to investigate the sensational values
SHOE
«
we are offering during this Sale of Cotton GoodB
BARGAINS >
commencing to-day. Our Drygoods buyer partici­
pated in an exceptional offer that was being made
For Ladies, Misses. Boy’s r
by a prominent manufacturer and we consider our­
*
and Infants.
selves very fortunate indeed in being able to offer
Wonderful savings in many
such a variety and such an extensive selection of Bar­ of footwear for Infants, Boys, GitJ 3
gains in Cotton Goods at this time of the year.
Misses and Women arc possible br ]
I
Interesting
Sales
for
1
MEN
Buy now for future needs—you will save dollars upon
dollars by filling your spring and summer wants now.
Just the barest of facts, tnen,
Reg.
Reg.
Reg.
Reg.
Reg.
Reg.
tliis section if we elaborate
too much. Whatever you do,
note the savings possible by
purchasing from these stan­
dard lines of merchandise
now.
SHOES.
Keg. $7.00 Long, Snag­
proof Guru Boots for d»/» ir
per pair...................... «p0.i3
SUITS.
Reg. $25.00 Hart Schaffner &
Marx Suits in all 4)10 Ct
newest styles tor . «plO»v3
Reg. $15.00 to $17.50 values
in Men’s stylish Suits, Ser-
8ïc.
9c.
122c.
122 c .
12\c.
- 15c.
Reg. 83c. Hemmed Sheets for -
To 15c. Huck Towels for~ -
To 15c. Pillow Cases for
69c.
-
To 65c. Damask Tabling for -
10c.
44c.
Very Special Sale
Ladies Bungalow Aprons,
50c. Each.
Actual $22.50 to $27.50
The patterns include checks in Light B?ue, Black
and Navy blue, light checks, light and dark grounds
with stripes and figures, and self colors with Black and
-Maoy of tbe ,n°dels are trimmed
with Kick Rack Braids and are exceptionally
neat aud smart looking. \ ery special each
50c.
I r.
$13.87
Suits in absolutely late models oi i
fine French Serges, Wale Serge»,
<
Gabardines, Tweed Mixtures and
Worsteds, and shown in such fasll-
ionable colors as Port, Russian
Green, Browns, Black, Marine, Navy
and Midnight Blues.
Sizes are from 16 years to +1
inch bust, and you can be sure of a
perfect fit and models being perfect­
ly tailored and finished.
SALE OF
LADIES COATS
You can save money by purchasing
a nice smart comfy Coat now. Prac­
tically evei-y Coat in the House is
on Sale at <a price that seems almost
impossible. But the reductions are
genuine and well worth your while
investigating.
Keg.$10.00and $12.00 smart­
ly Cot and up-to-date
z»r
style Overcoats for . y0«v3
¿.SHIRTS.
Reg. $1.50 Flannel Shirts in
all sizes for the d»| n/x
special price each
vl.Vv
Keg. $1.50 Monarch Shirts
Golt Styljes neat Pat-
ir
terns for each ............. ^>1.13
Values from 11.00 to >5,00
in Union Suits in Cotton,
Wool amd Silk and wool for
i,
I
Reg. $22.50 and $25.00 Hart
Schaffner & Marx C14 £C
stylish Overcoats for^ *
98c
98c.'
NC LI. DED in this Sale of Cotton Goods you will
LADIES-
find an extra special offering of Ladies Bungalow
TAILORED SUUS
Aprons in neat, roomy styles some in the new but­
FOR SPRING.
ton shoulder models, and made of good quality
guaranteed fast color Amoskeag Chambrayss
O VERCOA TS.
Natural color, heavy p*lush
wool, medium light weight,
Glastonbury wool, and Coop­
er Ribbed Shirts and Pants.
Per Garment
Very Spe cial
Reg. to $3.75 values in Boys,
Button and Blucher Gun-,
metal and Calf Dress, School h
and Work Shoes for
nt
per pair .................... <?*•"*
Reg. to $1 75 values in ’
Baby’s Patent Vici Kid and
Gunmetal Button and Blucher _
Style Shoes in Sizes 1
to 8 for per pair..........
8\c.
'“?■ $13.65
UNDERWEAR.
brevity 1S'
Reg. to $3.50 Ladies’ Patent,>
Vici Kid,and Gunmetal Shoa *
and Patent Shoes d*n in
with Cloth Tops for y£iW\
Reg. to $2.50 values in Chil r
dren’sand Misses’ Button and!
Blucher Shoes in Gunmetals.
Patent and Vici Kid and E-Cfr
Skuffers in Patent Guitinetalj
and Tan Calf for
per pair....................
Reg. to $2.50 values in Bnvst
Button and Blucher Gun-tf
metal and Calf Dress, Scboolt
and Work Shoes for d»i Ct>
perpair ....-.............. fl.W»
Reg. 25c. Amoskeag Tickings for 17'2 c .
Reg. 50c. Hemmed Sheets for- 39c.
GUM BOOTS.
Reg. $6.50 Long, Snag­
proof Gum Boots for d»r nr
per pair........................ «p3.»73
prices make up for the
descriptions that obtain.
71c.
10c. 27 inch Percales for
12'2c. Dress Ginghams for -
15c. Fine Chambrays for -
18c. Romper Cloths for - -
20c. Madras Waistings for
20c. Dress Zephyrs for - -
Reg. 25c. Plisse Crepes for -
Gun Calf Button and Blucher
Style Shoes. Special CQ 9ft
per pair ......................
Heavy Kip, 8 inch top Day­
ton Shoes, Reg. $5.75
ot
Per pair for................ <p3.£3
Keg. $6.50, 12 inch Top
Dayton Loggers for $5 gg
per pair
Reg. $7.50, 12 inch Top
Dayton Loggers for
per pair
Reg. $3.50 plain, short Gum
Boots for the special CQ 1 C
price per pair..........
Keg. $5.00 Short, Stlag­
proof Gum Boots for
or
per pair......................... «piI.£3
purchasing now. Space only PtniJl
mention of a few particulars btittiiL!
Reg. 10c. Apron Chambrays for 7c.
for we know you wont read
t
$7.9S for Values to $12.50
$32.98 for Values to $30.00
Sale of
Missels’ and Children’s
NEW FALL
Wlrthmor Waists
Always One Dollar-<^iW9j9 Worth
COATS
$4.29
More.
S you „„ doubt h
we have an
gement
With the manufacturer of these wais
ts
—that
brings to us the newest styles-just as
soon
as
they originate.
Thus it is that ” there i.
always
aometlnng new in our Waist Department.”
This is
one of the reasons for tne popularity of thir
secti —another
annth and equally i importer
Section
—- ■
modest price (style and value considered) a
these famous Wirthmor Waiet. are Blway,
( t which
For Value« to $7.98
Smart, stylish and comfy coats for
the Miss and the tiny tots as well
those in between. Not a last year’s
style among them. Many fabrics to
choose from and every size in the
aelection.
F<dl Millinery
C lean - up
$1.48
Th^Wirth^ryWaists Uluatrat* d
For values to $10.00.
ar«
unusua7 , za/-ea’
obtainable here.
These
New
Model, jo on Sd,Ty_. mrrov
The moot Sensational Mill'
, nery Clean-up you have e»
'eP Hi«jR®**
lhe
I price •
OK BAKKKY