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