TILLAMOOK HEADLIGHT. FEBRUARY T5. 1917. XKY CITY CHARTER KNOCKED constitution and criminal laws, a common council of a city could not OUT. initiate an ordinance and submit it to ------- o------ a vote of the people as an initiative Involves a Large Amount of City measure without first enacting it. The decision in that case is controlling Taxes and Bond Issue in Question herein. As ordinance No. 3 was never ------- o------- legally passed before it was declared The Supreme Court handed down a to be in effect by reason of the fail­ decision tn the case < f W L. 1’ro- ure to give the required notice. no voost vs. Mary J. Cone which mocks valid amendment thereto was made. out the new charter and ploces Bay and the taxes attempted to be levied City in a peculiar position, for the de­ pursuant thereto are void. cision involves taxes to the amount of It follows that the decree must be over $6,000 and brings into question affirmed, and it is so ordered. the validity of the bond issue tn that city. The city was operating under the Nazarene Church. general law, and it is the new, ur amended charter that goes by the Beginning Friday evening, Febru- boards. For several years VV. S. Cone 16, Evangelists Lewis and refused to pay the city taxes, con­ ary tending that the charter was defective Mathews will hold a series of revival which proves that he was right in his meetings. Services each evening at argument and for two years the Bay 7:30, and at 11 and 7:30 on Sundays. City Land Co. has failed to pay the An invitation is extended to everyone city taxes. Attorney Webster Holmes to attend any or all of these meetings. A. H. Smith, Pastor. represented Mrs. Mary J. Cone and Attorney H. T. Botts lhe city. We give below the opinion in full; "The Convict’s Daughter.” which affirms Judge Bagley’s decision in the circuit court. This beautiful four act comedy This is an appeal by the plaintiff drama "will be presented by the Dra- from a decree dismissing a suit insti­ matic Club, two nights, Friday and tuted to foreclose an alleged delin­ Saturday, February 23rd and 24th, quent tax certificate. The question in­ This will be the best play the volved is whether the proceedings un­ Dramatic Club has offered to tlieir dertaken to amend a municipal, char­ friend-. Specialties will be introduced ter were conducted in the manner between the acts, new faces, pew prescribed. The Town of Bay City scenery, good music and a dandy was incorporated under the provisions good show, so do not fail to see this of a general act of the legislative as­ one you'll like it. sembly, filed in the office of the sec­ I retary of state February 21, 1893. L. Bay City Community Church. O. L. sections 3206, et seq. Section 3224 thereof contains a clause which The services next Sunday afternoon reads: “Every ordinance shall be signed by the mayor, or passed over at 2 o’clock will be one of interest to his veto, and attested by the recorder, all who will attend. It will be distinct­ and a copy thereof published at least ly patriotic in character with a ser­ once in a newspaper published in such mon appropriate to the times. Refer­ city or town, or in lieu of such pub­ ence will be made to the outstanding lication, three copies thereof shall be national heroes and their place in the posted in at least three public places fixing of our individual responsibility in the matter of upholding the honor therein before it becomes a law.” The common council of that town, of our heritage as citizens and as desiring to invoke an exercise of the Christians. The general public is most initiative power reserved to the elec­ cordially invited to attend this service tors of municipalities by the organic and urged to require thi good habit law of the slate, enacting ordinance of regular church attendance. Every No. 3, October 17, 1910, proposing to person who fails at this point not amend and substitute another charter, only robs himself of the cultivation of setting forth a copy then of, w hereby the better qualities of life, but also the name of the municipality was un­ stands seriously in the way of others dertaken to be changed to that of who are being influenced by such ad­ | “Bay City.” Subdivision 2 of section 1 verse example. J. E. Youel, Minister. of article 8 of the proposed amend­ i ment reads: “To levy taxes, not to exceed 5 mills Presbyterian Church Notes. on the dollar per annum on the tax­ ------ o ...... able property within the corporate Members of all military and patriot­ limits.” The ordinance provided it ic organization'' who are not respon­ should go into effect upon its passage sible for supporting the servicis of and approval by the mayor, and it other churches next Sunday evening was so enacted and ratified on the are cordially invited to attend the day stated. This ordinance was not special patriotic services in this published in a newspaper, nor was a church which will open at 7:30 copy thereof posted as required by promptly. I bis includes the totli Co., section 3224, L. <>. L. At a meeting ot C. A. C., G. A. R., W. R. C. and S. of the council held the next day it was V., and families. The sermon of the voted that an election should he held evening will be on the subject "Hero­ in the corporate limits December 20, ism of a Worthy Life.” The choir will 1910, to determine whether or not the contribute special numbers, and the proposed substitutes for the charter congregation will have the opportun­ should become the organic law of the ity of joining their voices in singing municipality, whereupon the recorder the national anthem and hymns of in­ was directed to post notices of the spiration. The morning service at 11 election, and judges and clerks there­ will be attractive and worshipful with : of were appointed. Pursuant to notice a sermon having as its theme “The thereof an election was held at the Gift of Power." l he gencr:'.l public is 1 time specified, and it having appeared most welcome to attend all of these ! from a canvass of the votes so cast services. Strangers and others with- I that a majority thereof favored the out their own church home in town adoption of the new charter, it was may be certain of a hearty reception declared duly enacted. Based upon the in this church. provisions of the substituted charter J. E. Youel, Minister. and of ordinances enacted in conform­ ity therewith, there was entered on the tax roll of Tillamook County for Notice of Sheriff’s Sale Under Fore­ closure. the year 1911, with other exactions, a municipal tax of $11-55 against the de­ Notice is hereby given that by vir­ fendant's real property in Bay City. She paid all the general taxes so tue of a judgment and decree made levied, but upon refusing to discharge and entered on the 5th day of Feb­ the municipal demand the plaintiff ruary, 1917, in a certain cause pending paid the same with penalty and inter­ in the Circuit Court of the State of est to January 12, 1914. amounting to Oregon for Tillamook County, where­ Robert R. Peters was plaintiff and $15.74, and received a certificate of in i Albert Darby and Bertha Darby were delinquency as evidence thereof. and by virtue of an ex­ ■ Ordinance No. 3 was first publish- defendants, 1 issued under and by virtue of ed December 29. I9>'. but this was ecution 1 said judgment and decree on the more than a year after the adoption the I of the substituted charter. Several 13th day of February, IQ17, the under­ sheriff of Tillamook County, other amendments thereto were al- signed t tempted to be made w hereby the annu­ Oregon, at the front door of the al tax rate could be increased and the Court House in Tillamook County, pro rata share thereof entered on the Oregon, on Monday the 26th day of roll. In consequence of the defend­ March, 1917, at the hour of 10 o'clock ant's refusal to liquidate the part of a.m. of said day in order to satisfy the municipal exaction, the plaintiff the said judgment and decree, will sell paid the same and now seeks by this at public auction for cash to the suit to foreclose the alleged lien highest bidder, all the right, title and given by law to secure $42.^2 as the interest which the above named de­ had in and to the said entire amount of the delinquent taxes, fendants penalties, and interest, and to have premises on the 6th day of March. such real property sold to satisfy that 1914 .or any time subsequent thereto. Said premises being more partic­ sum with accruing costs, disburse­ ularly described as follows, to-wit: ments, and expenses. The cause being at issue was tried, The South West quarter of the and from the evidence received the South Fast quarter and ten acres off Court made findings of tact substan­ the south side of the Soirth East tially as here stated, and based there­ quarter of the South Fast quarter of on reduced the conclusion of law that Section six in Township two South. since ordinance No. 3 was never pub­ Range nine West of the Willamette lished in a newspaper or posted as re­ Meridian in Oregon, containing fifty quired, the substitute charter was not acres, 1, more or less. Dated the 13th day of February, legally enacted, and as it never had life, vitality could not be infused into 1917. it by subsequent amendments, neither W. I.. Campbell, of which was affective, and thereupon ( Sheriff of Tillamook County, Ore. gave a decree as hercinbeior stated. By, Elmer 1.. Webb, No escape from the conclusion so Deputy.. reached seems possible, however First publication Feb. 15, loth, nucli it may be desired to uphold the l ast publication March 15, 1917. proceedings of the common council .mil to sustain the vote of the elec­ Notice of Final Account tors. Section 3224 I.. (). I... which was incorporated in and thus became a Notice is hereby given that the un­ part of the original charter, prescrib­ dersigned has filed in the County ed the manner and afforded the Court of the State of Oregon, for the measure ot the power that could be County of I'illantook. his final ac­ ■ xercised in the enactment of ordi- count as executor of the last will ami tnces I’ntil the section was legally testament of John Acllig, deceased, ■rogated in the manner specified by and the said Court has fixed S.itlird.iv 1 exercise of the initiative power, it the 17th d.iv of March, 1017, at 10:00 w is impossible to inaugurate an o'clock in the forenoon of said day. at amendment of the charter except by a the Court House iii Tillamook City, •trict compliance with the mode Oregon a* the time and place for I .anted out. In Theilk vs Albee. 76 hearing objections to said account. Or. 449. ISO I’ac. 854. it was ruled All persons are notified to file their at under section la, article IV. of objections, it any, at said time and tie constitution, reserving to the place voters of every municipality the ini- I Dated this loth day of February. t (live and referendum powers as to . >9'7- 'I municipal legislation, ami section Andrew Zuercher, , 4 article XI thereof, granting to Executor of the last will jh’- voters of everv citv power to en- and testament of John Acllig, deceased. Subscribers Please Call for . ¿MARCH DELINEATORS. ! New Shipment of CROCHET THREADS. The Delineator Per Copy........................ !'_*• I New Butterick Quarterly............ _ • 1 (Including Coupon Value lac.) _ I Butterick Patterns 10c., 15c., 20c., 2<>e. I By Mail 2c. Extra. Klostersilk Crochet per Ball White 5 10 15 20 40 50 60 Ecru 5 10 15 20 30 40 50 5 10 20 30 50 70 Linen 3 5 30 50 70 Colors 3 | 70 60 80 70 Are Bringing Hundreds of Economies Within the Reach of Every Family in Tillamook County Very Special Sale Final Clean-Up of Trimmed Millinery at Each Your choice of any trimmed Hat in the store for this sensa­ tionally reduced price Included in the lot are about 25 beaut­ iful styles in trimmed Hats in small, medium and large shapes in Black, Blue, Red, etc., with trimmings of the very- highest order. There are values up to $7.50 and every hat is good-looking, desirable and worth every cent of the regular price, but the end of the season is near at hand and out these hats must go at this sacrifice. On Sale Friday and until Cleared. Better secure yours today. February Clean- Up of Sale of Footwear Ladies' Suits Coats, Etc Don’t ffail to benefit by these sensational price reductions on Ladies’ Wearing Apparel of almost every kind. Look through this list care* fully and you will surely find something, upon the purchase of which, you could save many many dollars by buying here and now. To $25.00 Fur Fabric Coats now $12.85 To $16.50 Smart Coats now $8.85 To $25.00 Handsome Suits now $12.85 To $27.50 Tailored Suits now $16.70 To $7.50 Stylish Dress Skirts $5.98 To every man and woman who re­ alises the condition of the leather market today these sales of footwear will surely appeal. Buy now for future needs. To $3.00 Ladies Dress Shoes now $1.98 To $6.50 Red Cross Shoes now $4.65 Child's and Boys' Kreider Misses' Shoes. Kick-Proof Shoes. Sizes 5 to 8. Sizes 8 to 11 j. Reg $1,98 now $1.69 Reg $2.75 now $2.45 Sizes 8J to 11. Sizes 12 to 2. Reg $2.25 now $1.93 Reg- $3.25 now $2.65 Sizes 1IJ to to 2. Sizes 2| to 5J Reg $2.75 now $2.29 Reg $3 50 now $2 98 Reg. Keg. Reg. Reg. $4.00 Men’s B. C. Bluchers $3.45 $3.50 8in. top AVqrk Shoes $4.35 $9 2in. top Dayton Shoes $5.85 $9.00 I2in. and 16in. Nap- a-Tan Shoes Very Special Values Lovely New Striped Galateas, 25c. Spring Draperies Now on View. Exceptionally smart look­ ing and splendid wearing Galateas in the new alter­ nate stripes 3-16 to yi inch in widths. They are shown in White with Red. Blue, Helio, Navy, Reseda, or Tan as well as in self colors of White, Tan, Green, Red and Navy. Ladies’ Black Hose fast dye and seainless. Bought many months ago away below present market value hence the remark­ ably low price for such splendid stockings. All Sizes, 8J, 9, 9i and 10 now in Stock. 6 Pair in a Box. Buy them by the Box. Continuing the February) Februar^ Clean- Up of Per Yard. Ladies Stockings, 29 c.p““- Men's Overcoats and Hats. You will appreciate the excep­ tional bargains offered you in this Sale of Overcoats and Fur­ nishings for Men and Boys, for the Merchandise on Sale is thor­ oughly up-to-date and reliable. Reg. to$15.00 Men’s Overcoats $10.45 Reg. to $15.00 Men's Balmacaans now $10.45 Reg to $15.00 Goodrich Raincoats now $10.45 Reg. to $3.00 Men's Felt Hats $1.45 Reg. 75c. Boys’ AVool Waists Reg. to $2.00 Boys' Felt Hats The Very) Latest Weaves and Designs in Hangings of Every Description at Exceptionally Modest Prices. This is the event you have been looking for. The bright sunny days call for Drap­ eries of lighter hues and weaves—Spring is adorning herself—and so it should be with the home in the matter of Hangings. Come to the store and see what a wonder­ ful assemblage of Window Draperies, Cre­ tonnes, Silkalines and Hangings ot all kinds we have prepared for your own particular choosing. A few descriptions follow: — 36 in. Scrims, 15c. Plain AA’hite and Cream Ideal fabrics for the new fancy and Hemstitched Bor­ Spring Outing Skirts, Mid­ der Scrims. A’erv Special A alites. 36 inches wide. dies or Sport Suits. Price Per A’ard................ 15c. Etamines, 18c. 36 in. wide Hemstitched Etamines in AA’hite, Cream and Ecru with floral borders in many pretty colors. Price Per Yard............. 18c. Etamines, 20c. Novelty Bordered self color vA bite,Cream andEcru, hemstitched Etamines. 36 inches wide. Price Per Yard 20c. Marquisettes, 25c. Very fine firm weave hem­ stitched Marquisettes in plain AA hite, Cream and Ecru. A’erv Special. Price Per Yard................. 25c. 44 in. Nets, 35c. Heavy Curtain Nets in AA’hite, Cream and Ecru, very firm weaves, pretty de­ signs. Price Per Yard 35c. Bargain Table. A collection of odds and ends in Merchati- disc from a’.l over the store that was priced originally up to 75c. Buttons Braids Stock iug ’ larners-Curling Tongs* Bone Hairpins —Correspon dence Envelopes—Belts Embroidered Initials, etc. Barham Square— Under Balcony. Marquisettes, 29c. Dainty 36 inch Voile Mar­ quisettes in White Cream and Ecru, hemstitched Bor- ders. Price Per Yard . . . . •29c Cretonnes, 15c. 36 inch Quilting Cretonnes in Bordered anti ailover de­ signs suitable for Comforts or bed-hangings. Price Per Yard.......... 15c. « -1 '** Cretonnes, 22c. Tapestry, paneland Stripe and floral Cretonnes. 30 inches wide. Beautiful Dra­ peries. Price Per Yard . Cretonnes, 33c. Puritan Cretonne Draper­ ies in white grounds with floral designs in pastel shades. 33 inches wide Price Per Yard ... 33c. Cretonnes, 35c. Handsome 36 in. wide Dra­ pers and (. ushion Cretonnes tn the New large Black and AA’hite Stripe and Check De­ signs. I'ri.-, p. r Yard 35c. Very Special Values Serpentine 29c Per Yard. Pretty fabrics for making up Ladies’ Kimonos and Dressing Sacques. They come 30 inches wide and are shown in white grounds with lovely large Rose de­ signs in Tan, Pink and Blue as well as in grounds of Pale Blue and Navy Blue, with dainty floral de­ signs in various colors. 25c Table A Clean-Up Bargain 1 able of Odd Lots and closing-out lines of Mer­ chandise in valuesup to $2.50. Ladies Waists Knitted Caps—Cushion Tops—Dis­ hes — Girls’ Petticoats — Childten’s Bonnets—Chil­ dren’s Leggings—Corsets in small sizes only, etc. Bargain Square— Under Balcony.