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About Tillamook headlight. (Tillamook, Or.) 1888-1934 | View Entire Issue (June 8, 1916)
TILLAMOOK HEADLIGHT. JUNE 8. 1916. ■■ I BAY CITY AMENDED CHARTER KNOCKED OUT. These Two Comfortable Houses lor Lease to Desirable Tenants. I his house is situated at the corner of 5th Street and 4th Avenue West, just four blocks West of the High School, on corner lot. House contains six large rooms— Living room, Lining r< '.in, Kitchen and three Bed rooms; Bath room, three closets, modern plumbing including bath, toilet, laundry tubs’, sink, hot water; electric lights throughout including front and back porches. Window shades on all windows, lineoleum on kitchen and bathroom floors. RENTAL AT $15.00 per MONTH—is cheaper than Owning it—50c, a day Present .tennant desires to dispose of some House Furnishings at a sacrifice;— breaking up housekeeping, see W. L. Gosser at house or Leach’s Market. This house is situated on the South side of 3rd Street, just three blocks west of the City Hall, is very desirable close-in property. House is modern in every detail will soon be complete and ready to move into. Having made a study of the house situation in Tillamook, we have made this the most conveninet in arrangement and comfort. House containes five rooms; consisting of Living room, Dining room. Kitchen, two large Bedrooms, two closets, Bath room, Work pantry, screened porch. The large day-light basement is 26x26 feet concrete floors and walls—has laundry tubs in base ment with a laundry drop from the kitchen; Medicine closet in bath room; modern .plumbing consisting of bath, toilet, lavatory, kitchen sink, double laundry tubs, hot and cold water; lighted throughout with electric lights; built in book cases and buffet, window shades on all windows. It will cost very little to furnish this house. Rental at $20'00 par month is cheaper than owning it. SEE US RIGHT AWAY FOR RENTS------ WE ARE HERE TO SERVE YOU AND TAKE CARE OF YOUR NEEDS. ROLLIE W. WATSON PHONE 53J, TODD HOTEL BUILDING. INDICTMENT FOUND AGAINST R. P. HUTTON. Head of Anti-Salo°n League Must Stand Trial f°r Political Criminal Libel. ------ o------ R. P. Hutton, instigator of the pub lication of a pre-primary circular of the Anti-Saloon League, of which he is supperintendent, accusing Repre sentative C. N. McArthur with abet ting California liquor interests in the evasion of Oregon laws, was indicted by the Multnomah County grand jury Saturday for political criminal libel. Conviction is punishable by a term of from one to three years in the peni tentiary. The dodger which was distributed in churches and about the city by members of the Anti-Saloon League, contained a cartoon depicting Mr. Arthur holding open the door through which illegal shipments of liquor were being made into Oregon. Beneath the picture was the? line, * Right at this season is the very best time to buy beds— "‘Pat’ McArthur gives license to when our stock is full and complete for your selection. booze-boosting, home destroying de fiers of Oregon laws.” The circular Above, for example, we show one of the beautiful new was distributed on May 6, and was in Simmons Steel Beds as advertised in the Ladies’ Home Journal the interest of E. V. Littlefield, who and Saturday Evening Post. Come in and let us show you the was indorsed by the dry forces. Issue Injected into Campaign. full line. Not desiring to mingle in politics, They arc the famous light weight, electrically welded steel the grand jury withheld it» decision about which you have been reading. There is not a nut or a in the consideration of the case of bolt in the whole bed to rattle loose. And the finishes arc Superintendent Hutton until after the primary fight. The issue was plunged beautiful. into the campaign in some degree, The quality of our merchandise is the best that human skill however, by the $50,000 libel suit filed and ingenuity can produce ; our enormous buying power lowers against Mr. Hutton by Mr. McArthur the price to the point where they cannot fail to interest even alleging malicious slander. Progress the most experienced buyers. Let us prove to you that we can in that surf w'ent as far in Portland as the taking of a long deposition and do sell you the greatest home furnishing values at prices from Mr. Hutton. no other concern can equal. The case is still pending in the Circuit Court. Attorney» for the de fense asserted their belief that it would be dropped after the primaries. It has not been. The defense in the case does not deny the publication and circulation of the circulars in question, but contended that Mr. Mc Arthur's reputation was not be smirched by them. The criminal libel against Mr. Hut ton is, of course, distinct from the The improvement consists in hard ■ civil action to recover damages. Call For Bids surfacing said streets with concrete I The indictment charges Mr. Hutton Tillamook City. Oregon, will receive pavement, with curbs and headers and I with assisting in the circulation of a bid» up to June 27, 1916, at 8 o’clock provisions for surface drainage arui 1 poster containing false statements re- p. m. for the improvement of the fol sewer for part of Droject No. 3. •, in ,n 1 fleeting on the character, morality accordance with plans and specif?? lowing streets, tn-wit: - ■’ an<J integrity of C. N. McArthur, then tions on file therefor with the Qty i candidate for Republican nomination 1st,—Eighth Street, from the E»s line of Stillwell Avenue, East to the West Recorder. Bids for each project num- | for Representative from the Third line of Block 10 in A. A. Miller’s Ad bcred to be separate. Congressional District. The circular All bids must be accompanied by, is said to state falsely that Mr. Mc dition. 2nd,—Fifth Avenue East, from the certified check in favor of Tillamook Arthur gave license and permission South side of Third Street to the North City to the amount of 5 per cent of to California wholesale and retail the hid as a guaranty that the success dealers in intoxicants to violate and »ide of Eighth street. 3rd.—Fifth Street, from the center of ful bidder will enter into contract with defy the Oregon laws, creating a false Sixth Avenue Estt, East to the East approved bond for the performance impression, damaging the character thereof. boundrv of Tillatrook City. of the Representative. Dated this June 3rd. 1916. This Is the Time To Buy Beds ! Jones-Knudson Fur. Co. TILLAMOOK, ORE. ♦th,—Fifth Street from the East line of Second Avenue East to the center of Sixth Avenue Erst, and Third Ave nue East frem Fourth Street to Fifth Street. Ira C. Smith, City Recorder, of Tillamook City, Oregon. Safe deposit boxe» tor j mook County Bank. rent. Tilla- * Case Growing Out of Sale of Proper ty Decided by Circuit Judge Bagiey Circuit Judge Geo. R. Bagley has handed down a decision in the case of W. L. Provoost vs. M. J. Cone, which was tried before him recently. He holds that Bay City, in amending its charter did not comply with the for mula prescribed by the Legislative Assembly, and for that reason the amended charter is void. As this case is of some importance, we give the decision in full. Attorneys H. 1. Botts and H. E. Claussen represented the plaintiff and Attorneys Webster Holmes and T. H. Goyne the defend ant. The decision is as follows: This is a suit to foreclose a delin quent tax certificate issued by the ¡sheriff of Tillamook County cover ing lots 3, 4, 5, and 6 in Block 9, of Bay City, Oregon, dated January 12, 1914, and covering a delinquent Bay City'road tax for the year 1911 amounting to $11.55 and penalty and interest and cost of certificate in ad dition, making a total of $15.24 and also additional road taxes paid by the plaintiff levied by Bay City for the years 1912 and 1913 amounting to $21.38; the total demand being $44.52, an amended complaint being in the form prescribed by statute and pray ing for a judgment and decree of fore closure and sale of the real property described to satisfy said tax lien. 1 he defendant denies all of the allegations set out in the amended complaint and affirmatively pleads that the defend ant is the owner in fee simple of the real property described in the com plaint and the payment of all taxes levied and assesed upon said premises for the years 1911, 191a and 1913, ex cept the road tax for said years at tempted to be levied by Bay City; that the town of Bay City was legally incorporated under the general laws of Oregon enabling inhabitants of a community to incorporate, found on page 119 of the Session Laws of the state of Oregon for the year 1893, and that therefore said town of Bay City attempted to amend its charter by the adoption of a form of organic law on December 20, 1910, but that said charter attempted to be adopted December 20, 1910, is void for reas ons particularly alleged in said ans wer, the proceedings being set out in extenso, and by reason thereof claims that all tax levies and pro ceedings leading thereto are void, and that the tax upon which such cer tificates of delinquency wras issued is an unlawful imposition upon the pro perty of the defendant. The reply controverts the new matter set out in the answer and ’ historically sets forth all of the proceedings leading up to and the adoption of the propos ed charter of December 20, 1910, and two amendments thereto claimed to be subsequently adopted. Under the pleadings all of the facts necessary to a determinization of the issues were stipulated, and from this stipulation it appears that the council of Bay City actually made, by Ordi nance No. 46, on December 7, 1911, a road tax levy of six mills; that prior thereto on Nov. 2. 1911, the council by Ordinance No. 38 levied a five mill tax to defray the general current expenses of said Bay City, a total of eleven mills, and and the six mill tax levied by Ordinance No. 42 is the tax remaining unpaid against the proper ty of the defendant and upon which the sheriff issued the delin quent certificate sought to be fore closed. 1. Many reasons arc assigned and argued by the defendant in her brief why the Bay City road tax upon which the delinquent certificate sought to be foreclosed is based is invalid, it will be necessary, however, to advert to two only which are de cisive of the issues involved. 2. By the stipulation it appears that Ordinance No. 3 of the town of Bay Citv was adoptc I by the Com mon Council on October 17, 1910, as follows: Ordinance Number Three. An ordinance submitting to the elec tors of the town of Bay City an amendment to the charter of said town of Bay City, and incorporating Bay City as the successor of said Town of Bay City. Be it ordained by the common coun cil of the town of Bay City: Section 1. The act hereinafter set forth, entitled: ‘An act to incorporate Bay City, in Tillamook County, Ore gon, as the successor of the Town of Bay City, Oregon heretofore incor porated under the general lajvs of Oregon, and to repeal all acts and parts of acts in conflict therewith,’ be submitted to the legal voters of said Town of Bay City, for adoption or rejection, at an election to be held on the 20th day of December, A. D. 1910, as an amendment to and a sub stitute for the present charter of said Town of Bay City, as enacted under the general laws of the State of Ore gon, by virtue of an order of the County Court, made and entered on the 7th day of September A.D. 1910, and a certified copy of which order was filed in the office of the Secre tary of State on the 13th day of Sep tember, A.D., 1910.” Section 2. The said proposed amendment and substituting charter shall be in words and figures as fol lows, to-wit: Here follows proposed charter: Section 3. That the following shall be substantially the form and number by which shall be submitted to the electors of the Town of Bay City the foregoing charter, the same to be printed on the official ballot at the said election, to-wit: ‘For the Charter amending the Charter of the Town of Bay City, and incorporating Bay City. Vote yes or no. 300 Yes 301 No.’ Section 4. Inasmuch as the present charter of the Town of Bay City is totally inadequate to meet the neces sities and to provide for the peace, health and general welfare of the municipality, and inasmuch as the 1 said town of Bay City has no sower to levy a tax, or to make an estimate for such levy, and has no power to improve the streets and sidewalks within said corporation, at the ex pense of adjacent real property most benefited by said improvements; ar.d inasmuch as said Town of Bay City is incapable under its present cor porate limits and securing to them the peace anel tranquillity which they of right should enjoy, an emergency is hereby declared to exist, and this ordinance shall be ill lull force ami effect from and after its passage and approval by the Mayor. E. D. Curtis, Recorder. Approved this 17th day of October, ¡910. D. I.. Van de Wide Mayor. I’ also appears from the stipulation that after the council had passed the said Ordinance No. 3 11 was not, prior to December 29, 1911, publish ed in any newspaper in the town of Bay City nor in fleu of such publica tion were any copies thereof posted in three public places in said town of Bay City, but mat publication of the ordinance was made more than one year subsequent to the election held to vote upon the adoption of the charter proposed thereby. Section 18 01 the Enabling Act of >893, privides * ♦ * “every ordi- nanced shall be signed by the Mayor or passed over his veto and attested by the Recorder and a copy thereof published at least once m a news paper published in such city or town, or in lieu of such publication, three copies thereof shall be posted in at least three public places therein be fore it becomes a law.” 1 he light to submit to the electors, for adoption, a charter, conics within me scope ot the power of the com mon council of the 1 own of Bay City, and while power to enact laws effect ing mat purpose is vested " in such council, it is requisite and necessary mat the process whereby such result is obatined should be in accordance with tlie formula prescribed by the Legislative Assembly in the law by winch the town of bay City obtained life. 1 hat formula not having been followed as required by Section 18 of me Enabling net, confessedly, at the time the electors of the town voted lor the adoption of the charter sug gested in ordinance No. 3, it results mat nothing has been submitted to them upon winch to exercise the right ot suffrage. The power to submit charters ucing vested in the council and not elsewhere the vote must be upon a bill submitted tor that purpose emulating therefrom. The ordinance causing me submissian has never be come effective, as such, and it follows as a necessary consequence that no charter was submitted; that no chart er was adopted, ft could have been no more ineffectual if the council had never attempted to submit a charter tor acceptance of the voters; and the publication not having been made until long after the election could not validate something that had trans pired, necessarily based upon the ordinance itself, prior to the ordi nance going into effect and for all practical purposes into existence. 1 he provision of Section 18 ot the Enabling Act is mandatory; and un til compliance with the law by publi cation or posting of the notices, the ordinance never becomes effective.. T his point has never been passed upon by the court of last report in tins state except indirectly in two cases: State ex rel vs. Dallas Citv /•2 Or. 348; State ex rel v Kclsay, 66 Or. 77. 1 he six mill tax adverted to being referable only to the power derived from the charter submitted and voted upon December 20, 1910, and the amendment thereto under Ordinance No. 42 voted upon December 5, 1911, and both being a nullity, the first because submitted and voted upon without authority from the effectuat ing power, and being a lifeless corpse was not amendable and life could not be infused therein by any subsequent action, and as a necessary corollary such tax so levied under power as sumed therefrom is necessarily void. 3. Section 24, Laws of 1893, limits the power of common council of the town of Bay ( ity to levy and collect laves for city purposes to an amount not to exceed one pcrcentu.n per an num upon the property in said city or town taxable tor county purposes. It is claimed in behalf ot the plaintiff that should the six mill road tax fail tinder the charter of December 20, 1910, and the amendment thereof of December 5, 1911, that the town would have the right and bower un der the said section 24 to levy a tax rtf to mills upon the dollar, but the levy having been made under a void charter and void amendment thereto and not under the general law gov erning towns and cities incorporated pursuant thereto, is necessarily void, and no claim could be made that the tax is valid as an exercise of power under the general law But be that as it ma ft The levy made for all purpos es being in excess of the limit fixed by the general law would in conse quence be void as to the levy of the live mill tax for general purposes, buch six mill tax being one mill in excess of the power granted to the council and it being an entire levy of six nulls no part thereof could be legal and valid. The acts of the coun cil of Bay City in levying the six mill tax being an unlawful assumption of power as we have seen, the tax is void, and in consequence no certifi cate should have been issued and such certificate being a nullity there is no basis upon which to found a decree of foreclosure and sale of the proper ty of the defendant. For Sale. SUIT TO RESTRAIN BAY CITY. United Railways C°. Attacks City’s Right to Sell its Property. United Railways Co., a corporation, vs. Bay City and F. S. Boussie, mar shal, is a suit filed in the Circuit Court to enjoin and restrain the de fendant from selling plaintiff's prop erty, so advertised to be held on June 12, 1910, and enjoining and restrain ing the defendant from making any sale under and by virtue of the war rant issued for the assessment and that a decree be entered herein de* teriniuing that the proceedings had and taken by defendant Bay City for the assessment of any portion of the cost of improvement of Fourth Street against plaintiff’s property or any part thereof is null and void, anti of no effect whatsoever; and adjudg ing and decreeing that defendant Bay City has no claim against any of plaintiff’s property. This action grows out of the at tempt of Bay City to sell plaintiff's property for street improvements, and it is contended in the complaint that nothing in the charter authorizes or empowered the’ Common •Council to spread the assessment for the cost of tlic Fourth street improvement or to attempt to assess according to ben efits property not abutting upon or adjacent to the inmprovement;. Funeral of Miss Scherzinger. ----- o ■ - — The funeral of Miss Lorena Scher zinger, who died at Heppner last week W ednesday, was held at the Oretown church Sunday afternoon and the remains laid to rest in the Oretown cemetery. The funeral ser mon was preached by Rev. F. S. Ford ot Cloverdale, and the attendance was the largest ot any funeral ever held iroin the church at that place. 1 he services were under the direction of the Uretown Grange, of which the deceased and her parents were mem bers. The local lodge of Masons of which Mr. Scherzinger is a member, also attended in a body. The flowers were many and beautiiu’ the mound at the grave being completely cover ed. At school Miss Scherzinger was a bright child and had hoped to com plete the eighth grade this year, but tailing health necessitated her ab sence from school and in hopes of effecting a permanent cure her par ents last November took her to Hep pner where the best medical aid was summoned. A spinal tubercular trouble had made such inroads upon the health of the young lady despite the effort of the best medical science her lite could not be spared, bhe never gave up, but bore her afflictions Bravely. hoping and expecting to soon return to her home. Wednesday evening after her parents had retired they were notified that their daugh ter was rapidly sinking and beiore they could reach her bedside the child had passed away. This is the first affliction of this kind the parents and brothers and sisters have had to suffer and the sympathy with everyone is with them. Scarcely a dry eye was to be seen among the large number of friends that assembled to pay their respect to their deceased friend and share the burden of the parents and relatives. Obituary—Lorena Scherzinger was born at Oretown, March 2, 1902, and died at Heppner, Oregon, on Wed nesday, May 24, 1916, being 14 years, 2 months and 16 days old. She leaves a father, mother, two brothers and three sisters to mourn her death.— Cloverdale Courier. Flag Day Proclamation. Whereas, June 14th, 1916, is the 139th anniversary of the adoption of the Stars and Stripes; and Whereas, organizations of a patriot ic nature in Oregon are desirous that special emphasis be placed upon this day and its meaning; and Whereas, this generation has seen no time when loyalty and patriotism are more required than now, or when the encouragement of these vital national virtues is more appropriate; Now therefore, I do hereby pro claim Wednesday, June 14th, as Flag Day throughout the State of Oregon, and I earnestly urge that the day be devoted to exercises indicative of and conducive to loyalty to the flag; that in homes, schools, churches and busi ness establishments the occasion be fittingly observed; that the flag be displayed from public buildings, schools, homes, and places of busi ness, and that the entire common wealth, at this critical period of un rest, unite in honoring the flag of the United States of America and in pledging renewed and vigorous loy alty to it and the principles of liberty it represents. In testimony whereof, I have here unto set my hand and caused the great seal of the State of Oregon to be hereunto affixed this third day of June, 1916. James Withycombe, Governor of Oregon. A fine ranch on Tillamook River, 2% miles from center of Tillamook City, containing 190 acres, more or less. One half or more, bottom land, and nearly all open and in marsh grass. Deep water on river, over half mile front. Brice $100 per acre. North half can be sold separately for 30days at $80.00 per acre. No build Christian Church. ings or stock. Enquire of Tillamook Title and Abstract Co., Tillamook, During the absence of the pastor Oregon. the Sunday school maintained its high tandard of efficiency and attendance. Notice. This speaks well for the church and those upon whose shoulders the re sponsibility rested. This is to notify the public that on "The .Moat and the Ream” will be I the 22nd of May I bought the office the theme for the morning sermon l-quipment and good will of Dr. Dan and “What if Christ should Leave iil Is, and will continue the office and Tillamook,” will he the evening sub practice of Chiropractic in my name. ject These themes wilt be practical » Dr. C. W. Miller. and interesting to all. You arc invited. f