Tillamook headlight., November 01, 1917, Image 4

TILLAMOOK"HEADLIGHT NOVEMBER
1, 1917.
"
C oats S uits and S kirts
Women’s and Misses High Class
Suits, Coats, Dresses and Skirts
II
To the Best Position in This City
Bear in Mind Golden’s Womens Shop, Tillamook
W onderfuiiy
ZEROLENE
The Standard OJJ /òr dfofcr Carr
STAR GARAGE.
TILLAMOOK GARAGE
DR. WISE
Can be Found on
flUEX. MeNAIR & CO.
GENERAL HARDCUARE
Kitehen Ranges and
Heating Stoves.
THE BEST STOCK OF HARDWARE IN
THE COUNTY.
See Us for Prices Before Ordering Elsewhere
Have Your
House
Wiring Done by
Tillamook Title and
Abstract Co.
DONE RIGHT
at
RIGHT PRICES
RALPH E. WARREN
a BBB 9 SB ■ ■
WE MOVE
B ■ BB
I ■
Goiaens..x
B ■ B ■
COUNTY ROAD BOND PETITION FAULTY.
IB 8 ■ ■ ■ BBBBBB 9 BBB ■ ■ ■ B ■ ■ BB ■ ■ ■ ■ BB ■ ■ ■ ■ BBBBBB
recting the calling of an election for and notes. A statute declaring that a ■■■■ bbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbi
the submission of the question to the tax deed affords conclusive evidence
■ Every woman who admires Stylish Weil-Eitting Clothes will
electors thereof. Notice for such elec­ of the regularity of thu proceedings
be interested in the New Fall and Winter
tion shall state the amount of bonds relative to the assessmnt and tax­
proposed to be issued.” In an ordi­ ation of property is invalid, for the
nance enacted pursuant to such au­ enactment is an attempt to deprive a
thorization it was provided: ‘‘That an person of his property without due ■
election is hereby directed to be held process of law.
AT
A deed is designed to evidence a
at the usual place of voting in the
transfer
of
the
title
of
properety.
If
several wards of said city, within 30
■
Women’s
days of the taking effect of this ordi­ a legislative fiat declaring a tax deed
nance, at which the following propo­ afforded conclusive evidence of the
The decision oi the Supreme Court was in all other required particulars sition shall be submitted to the elect­ regularity of the tax proceedings ■
Shop
in the county road bond measure correct. Thereupon it made an order ors of said city, to-wit: “Shall the were to obtain, no relief could be
directing the special election shouud
which was wired in on Friday, caused be called and held in the county mayor and conucilmen of^he city of granted, however capriciously or neg­
Showing the most wonderful values’ll! the season’s
considerable surprise when it became lune 4, 1917, for the purpose specifi­ Oswego, Kansas, issue the bonds of ligently the taxing officers may have
said city in a sum not exceeding undertaken to perform their duties;
latest
and most approved styles in
known that the court had declared the ed in the petition, which order further thirty thousand dollars” * ♦ ♦” In and, hence, an owner would necessar­
stat
<1
the
facts
required
by
section
4
law illegal, on the ground that one
a mandamus proceeding to compel ily be deprived of his property with­
clause of the petition did nm strictly of the act and directed .hat the londs the auditor of state to register bonds out having a day in court, which ■
proposed to be issued were "to run issued pursuant to such ordinance by right is guaranteed him before he can
comply with the law.
to. a term of twelve years each and the city of Oswego for the extension thus be divested.
Made to your measure to’fit you perfectly in any
Following is the decision:
to bear interest at the rale of fiw per and improvement of its municipal
While a statute may change th e
This is a suit by Smith W. Elliott, a centum per annum, Slid bonds to be water plant, it was held that the slight onus probandi and declare that cer-
style and material of your own selection, Or of Your
resident taxpayer of Tillamook Coun­ redeemed one-tenth annually begin­ departure from the precision of state­ tain facts afford prima facie evidence
Own Material.
ty, Oregon, against that quasi muni­ ning at the end of the third year, no ment required by the statute touching of other related facts, the legislature
cipality, A. M. Hare, as County Judge more than $200,000.00 of bonds to the
Also a complete line ol Ready-to-\Vear Suits,
amount
of bonds
to
be under such circumstances as are here
and F. L. Owens and H. V. Alley as be issued in any one year.” The order put forth did not render the proposed detailed is powerless to make the re­
Coats,
Skirts, Dresses, etc.
county commissioners thereof, to en­ also prescribed the form of noti e io issue illegal nor preclude their regis­ sulting fact concdusive evidence of
So great an assortment of beautiful styles and
join the issue and sale of county be given as specified in section 6 of tration. The conclusion thus reached the preceding fact, upon which it is £1
bonds, the proceeds from which were the act, and directed the county clerk is supported by decisions from other necessarily predicated.
fine materials can be found only in the large cities.
intended to be used in constructing to have the notices printed and to courts, as will be seen by an examina­
The conclusion thus reached ren-
Every garment is perfect in fit and faultless in work­
permanent roads within the county. post them 20 days prior to the elec­ tion of the cases there cited. Adverse ders it unnecessary to consider the
The complaint details the proceedings tion. This order was strictly obeyed. decisions, however, are also noted, an question of the contemplated sale of
manship and our prices are Decidedly Lower than
'The election was held in the several inspection of which in our opinion the bonds for the offer accepted there
employed to secure an issue of the
those usually charged elsewhere.
bonds, and alleges the petition then I precincts of the county at the time presents the better reason. Thus in for.
fore was insufficient because it did (designated, where and when were cast Hillsborough County v. Henderson,
Come and enjoy the pleasure of looking through
The issue of bonds is, therefore, ■
not set forth or specify the length of 1499 votes in favor of the measure 45 Fla. 356, 33 So. 997, it was ruled perpetually enjoined.
this
wonderful line whether yon \\ tsli to buy or not.
time the bonds should run, as requir­ | and 687 against it. The judges and that counties desiring to issue bonds
ed by Section 3 of Chapter 103, Gen. clerks of the election made due re­ should strictly comply with the pro­
■
T|
Tj
Womens
laws Or. 1913; and that the bonds turns thereof, which being properly visions of a statute regulating such Notice of Guardian’s Sale of Real
Property.
|
canvassed
and
reported
the
county
were order to be sold at a discount,
issue, and that a resolution attempt­
------ o------
in violation of section 15 of that act. | court on June 12, 1917, made anil ing to authorize the issuance of coun­
Notice is hereby given, that by
A demurrer to the complaint for that caused to be entered in its journal an ty bonds, which lietermination stipu­
it did not state facts sufficient to con- order declaring that a majority of the lated that the bonds should bear not virtue of an order made and entered
Prompt Service, Perfect Fit ami Satisfaction Guaranteed and Prices
_________
stitute a cause of suit were overruled | voters voting at such election had more than four per cent interest per in the County Court for Tillamook
Always the Lowest.
as to the first ground so stated, but ¡voted in favor of issuing*such bonds, annum without fixing a definite rate, County, Oregon, on the 10th day of
sustained as to the second. Thereupon which order further stated all the was not a compliance with the statu­ October, 1917 authorizing and cm
powering
the
undersigned
guardian
the plaintiff declined further to plead, facts required to be detailed by sec­ tory requirement. Based upon such
of the estate of Reberta Campbell
and a decree being rendered enjoining tion 1 I of the act.
conclusion the proposed issue of the
and William Campbell, Minors, to U
The county court duly advertised a bonds was perpetually enjoined.
the sale of the bonds lulow par both
s
parties appeal.
I ¡sale of the bonds, receiving several
In state ex rel. v. Saline County sell at private sale for cash to the rd
highest
bidder
the
real
property
here
­
Moore, J. Section 10 of Article XI. bids therefore, and accepted as the Court, 45 Mo. 242,
a
pursuant to
To Williams Harness Shop Building Across the Street from
of the organic law of the state was most favorable that of Messrs. Keeler statute authorizing a county court to inafter described, the said guardian,
amended by a vote of the electors Brothers, of Denver, Colorado, who subscribe to stock of a railway com­ on and after the 15th day of Novem­
Clough’s new Drug Store on Second Ave.
November 9, 1910, pursuant to an offered to pay the face value and ac­ pany, if a majority of the taxpayers ber, 1917, in Tillamook, Oregon, will fl
You are Cordially Invited to Our Oper.ii?>>
exercise of the initiative power, and crued interest of the bonds and a voted
therefor,
“specifying
the offer for sale and sell for cash to the
that clause now reads: “No county premium of $5, less, however, $6,900, amount,” it was determined that an bidder, for cash, all the right, title
shall create any debts or liabilities as the cost of printing such evidences order of a county court submitting and interest of the said minors, Re­
which shall singly or in the aggre­ of indebtedness and as attorney’s the question to the electors and call­ berta Campbell and W illiam Camp­
gate exceed the sum of five thousand fees in ascertaining and determining ing upon them to vote for or against bell, in and to the following described
dollars,' except to suppress insurrec­ the validity of such securities. There­ an amount not exceeding $70,000, but real property, situated in Tillamook
tion or repeal invasion, or to build upon this suit was instituted and ter­ leaving the precise amount uncertain, County, Oregon, to-wit:
The Northwest quarter of Section
permanent roads within the county, minated as hereinbefore stated.
was not a compliance with the terms
31, Township 2 South of Range
An examination of the petition as of the enactment.
but debts for permanent roads shall
be incurred only on approval of a set forth above will show an attempt
So, too, in Stern v. City of Fargo, West of the Willamette Meridian.
Dated at Tillamook, Oregon,
majority of those voting on the ques­ to comply with the requirements of 26 L. R. A. (N. S.) 665, in construing
tion.” Gen. Laws Or. 1911, p. 11 In section 3 of chapter 103, and also to a statute of North Dakota which au­ 10th day of October, 1917.
Catharine A. Long,
order to execute the authority thus conform to an exercise of the discre­ thorized the issuance of bonds and re­
Guardian of the persons
For tractors, '/.ero it ne
specified chapter 103, Gen. Laws Or. tion which is conferred upon the quired notices of election therefor
and estate of Reberta and
1913, was enacted. Section 1 thereof county court by section 16 (a) of should specify the purpose for which
i ' . V......................... oeci-
William Campbell, minors.
provides that bonds may lie issued chapter 12. If that attempted enact­ the bonds were to be issued and the
usiy t ccom/i.mudl.
for the purpose mentioned. Section 2 ment is valid, the power conferred amount thereof, it was ruled that a
Notice to Final Account.
NS-KNIGHT
declares that an exercise of such au­ can be employed without any request resolution of a city council providing
thority shall be invoked l>y petition. ' therefor or limitation thereof by the for the issuance of $100,000 in bonds,
American Automobile Co.
In the County Court of the State
Section 3, as far as material herein,
1
’ , ! registered voters as to the payment of or such part thereof as might be re­
reads: “The petition mentioned in 1 the bonds serially. The statement of quired, and notices of similar import, of Oregon, For the County of Tilla­
“re<r’tr.
’ *’* tK' Bun-
section 2 of this act shall set out and such matters in the petition and did not state the amount of bonds to mook:—In the matter of the estate
dre .
arm;-Knight sot J
specify the amount of bonds propos­ 'notices was superfluous, but probably be voted for, and that without such of Charles A. Seatnon, late of the
L»>
. wonderfully
ed to be issued, the length of time would not have impaired the efficacy statement the question of the issuance county of Tillamook, Deceased.
••.............
Notice is hereby given that the un­
they shall run, and the maximum rate ‘ oi the proceedings if the petition was of bonds was not fairly presented to
of interest they shall bear. * * The I adequate in other particulars. Clark v the electors, who were entitled to dersigned has, in the above entitled
CHEVROLET
petition shall be in substance the fol­ Hood River County, 73 Dr. 336, 143 know definitely what was proposed proceeding, filed his Final Account
W.
S. Di «mage Motor Co.
as
Administrator
of
the
Estate
lowing form"—setting forth the pat Pac. 897.
in the way of increasing the indebt­ which was of Charles A. Seamon,
tern. The act to which reference has _ It "ill be remembered that section edness of the city.
late of the County of Tillamook, De­
“v.
.roleiu. _veiy
been made was attempted to be • ■ ’ of chapter 103 demands that the
While it would probably be presum­ ceased, and that the Court has ap­
efficient lubricant.”
changed by
, Chapter 12, Gen. Laws petition inaugurating the proceedings,
Or., 1917
------ ---- The proposed alteration is "shall set out and specify (1) the ed that each registered voter careful­ pointed Saturday, the Third Day of
Endorsed by Leading
CADILLAC
amount of the bonds proposed to be ly read a petition which was being November, 191*, at Ten o’clock in
entitled: “An act to amend chapter
i r
Car Distributors
circulated
for
any
purpose
before
he
the
forenoon,
for
the
hearing
of
Ob
­
103, General Laws of Oregon
---• r for
— j o issiu
““". ■*.
<1, (
(2)
2) *•■■■
the length of time they
Western Auto Sales Co.
1913, by inserting therein an addi­ .shall run, and (3) the maximum rate subscribed his name to it, experience jections to such Final Account and
Reno
•—because be records of their
tional section.” Omitting the enacting I of interest they shall bear.” Thc teaches that but a very small percen­ the settlement thereof.
service de • irtinents show that
“we consider Zerolene partic­
S. M. Batterson,
anil emergency clauses chapter 12 is statement in the petition that the tage of persons do so, relying upon
Zerolene, correctly refined
ularly
adapted
for
use
in
high
­
Administrator
from C Jifornia asphalt-base
as follows: ‘Section 1, That chapter bonds were “to run not to exceed what is told them as being requested
speed
“
V
”
type
motors.
”
Johnson & Handley,
crude ves perfect lubrication
103 General Laws for Oregon for twenty years each, provided, how­ by the applicant. The legislative as­
—less wear, more power, least
1913, he and the same is hereby ever, the county may reserve the sembly evidently recognizeing this Robert H. McGrath,
MAXWELL
Attorneys for the Administrator.
carbon deposit.
amended by inserting therein an ad­ right to redeem same or any portion trait of character enacter in chapter
Lord Motor Car Co.
ditional section which shall be num­ thereof serially each year,” would, if 103, supra, that a petition praying for
Dealers everywhere and
•
L.
issue
Los Angeles
Notice of Final Settlement.
bered section 16 (a) to read as fol; this clause were controlling, permit the calling of an election to
at our service stations.
lows: Sec. 16 (a). After the issuance the bonds to run 20 years as the max­ bonds for the construction and main-
“hive used Zerolene in Max­
STANDARD
tenance
of
permanent
roads
in
the
Notice
is
hcreby
’
given,
that
the
un
­
imum
and
two
as
the
minimum,
as
­
of bonds has been authorized by an
well cars for over ihiee years
OIL COMPANY
election held in accordance with the suming that the phrase "serially each county should, inter alia, set forth dersigned administrator of the par­
with excellent results.”
(California)
provisions of this act the county year means a succession of payment and specify the length of time the tnership estate of Henry Tohl, de­
bonds
should
run,
and
having
done
so
ceased,
with
A.
C.
Andersen,
surviv
­
court may, in its discretion, in lieu of which would necessarily embrace a
bonds redeemable only at the time period of at least two years. Such a the requirement is a condition pre­ ing partners of said deceased, who
stated in the notice, issue bonds, re­ variance would not be a compliance cedent to an exercise of the right did business under the firm name and
ceiving the right to redeem them or with tin second requirement of sec­ which is not complied with by adopt­ style of “Tohl & Andersen,” has tiled
any portion thereof serially each tion ■ * of chapter 103. Section 4 of ing a sliding scale ranging from two’ with the County Court of Tillamook
year, ami make such reservation in that chapter providers that if the to twenty years. Whatever motive County, Oregon, his final account
the order providing for their issuance. i count« vv-ini
court iioiu
from «tn
an examination oi
of may have prompted the enactment of with said estate, and that said court
When bonds are issued with such Ithe petition is satisfied that it “sub- section 3 of chapter 103 is unimport­ has fixed Friday, the 16th day of
reservation, the redemption fund pro­ stantialh conforms" to the require­ ant, for the legislature having com­ November, 1917, at 10 o’clock a.m.,
vided for in this act may be used cach ments OI section 3 of the act, an or­ manded that the petition inaugurating as the time and place for hearing ob­
year, as it is collected, for the re­ der shall be made directing a special the proceeding should contain the re­ jections to said account and at which
dctnption for such proportion or fe r- election to be called and held in the quirements last above mentioned, the time all persons concerned will ap­
language so employed is.mandatory pear and present their objections.
centage of such bonds as will redeem county tor the purpose specified.
Dated this 15th day of October,
It will be kept iti mind that the and must be obeyed in order to ren­
all of them at the end of the time
fixed in the prior precccdings for the county court made a finding to the der valid an exercise of the payer in­ 1917.
an inspection of the voked. A text-writer, commenting up­
A. C. Andersen,
maturity of such bonds, instead of be­ effect that from ...............
Administrator of said es­
ing kept and deposit!- I anil loaned as petition it “substantially conformed” on this legal principle, observes. “The
provided in this act until the final to such requirements. A clause of sec­ provisions of the constitution or stat­
tate.
maturity of the bonds.” Flu- validity tion ’ ol the act under consideration, utes conferring authority to issue the
of chapter 12 may w ell be questioned, m referring to the means prescribed securities in question in respect to
since it appears to be violative of tin for inaugurating proceedings to be their purpose, denomination, maturity
provisions of section 22, artich l\ employed to obtain an issue of county limit of payment and rate of interest
of the constitution of Oregon, which bonds, reads: “ The petition shall be in if mandatory should be literally fol­
deculres: “No act shall ever be re­ substance the following form"—set­ lowed." Abbott. Flip Securities, sec.
vised or amended by mere rcfe-encc ting forth a proposed model. It is be­ 139. To the same effect see sections'
MONDAY AT TILLAMOOK
lieved that the phrase "substantially 91 and 164 of that work. The author'
to its title, but th. ;u t revi-ed or sei
tion amended shall be set forth and conform-, to the requirements of sec­ further remarks: ’The initial steps
TUESDAY
AT CLOVERDALE
published at full length ” Chapter 12, tion -I, as used in section 4 of the act, prescribed by law arc regarded as
Gen. Laws Or. 1917, will in this in relates only to any form of petition jurisdictional and a failure to comply
WEDNESDAY at TILLAMOOK
stance be treated as in full force and othei than recommended that might with them renders their subsequent
be adopted by the registered voters, action with its attendant results viod-
effect.
THURSDAY AT TILLAMOOK
The petition referred to in the com and not to cither of the three juris­ ablc if not entirely void." Id., see 140.
FRIDAY AT TILLAMOOK
dictional
prerequisites
specified
in
the
The
petition
did
not
"substantially
plaint was subscribed by more than
the required number of registered section last mentioned; and that any conform” to the requirements of sec­
SATURDAY AT WHEELER
voters, each of whom noted opposite finding made bv a county court that tion 3 of chapter 103, supra, and was
his name the precinct in which he re­ the petition ' substantially conforms” insufficient to confer jurisdiction of
Both Phones.
sided and his postoffice address. to the requirements of section 3, the subject-matter.
Omitting the signatures the petition when cither of the matters essential
Nor was this defect cured by a
is as follows: “To the Honorable to confer power to hear and deter- clause of section 11 of chapter 103
County Court of Tillamook County, j mine the question does not strictly which declares that if an election call­
Oregon: We, the undersigned regis­ Icomp'y with the mandate of that scc- ed and held pursuant to the provis­
tered voters, respectively petition | tion, is not conclusive. An examina­ ions of the act, “ a majority of the
that you call a special election for the tion of th - petition does not lead to I voters voting at such an election shall
Notice to Dog Owners.
H. T. Botts, Pres, Attorney
purpose of submitting to the voters ¡the conclusion that it “substantially vote in favor of issuing such bonds,
------ o— -
of this county the question of issuing conforms" to the requirements of sec­ the county court shall enter an order
nt-Law.
All owners of dogs must get their
bonds, to provide for »he construction tion 3 of chapter 103.
dog license at once. If your dog is s John Leland Henderson, Sec­
in its journal declaring that fact and
of permanent roads in the county, to
It is insisted by the defendant’s that
___ ___________
missing look for him at the City Re­
order shall ___
be _______
absolutely ........
conclu-
retary Treas., Attorney-at-
the apiount of four hundred and counsel that eliminating from the pc-lsive as to the regularity of all the
corders’ office. If your dog is' held
Lnw and Notrnry Public.
twelve thousand dollars ($4 1 2,000) I tition all parts thereof relating to scc- proceedings in reference to the mat­
more than four days he will be dis­
to run not to exceed twenty years i tion 16 Gi) of chapter 12, Gen. I aws ter.” The legislature in prescribing
posed of. _______ •
each, provided, however, the.count! * *r- ' 1' ' ■ thereby leaving the phrase rules
governing the trial of civil
may reserve the right to redeem same (limiting the term of bonds "to run not causes may enact that certain result-
Ornamental Fire Places Built
or any portion thereof serially each to exceed twenty years each," thc
11.. ir-jing evidentiary facts related to and
of Brick and Stone. All Fire
year. The aforesaid bonds shill bear ' regularity respecting the time should having a tendency to establish the ex­
Places absolutely guaranteed
Law. Abstracts. Real Estate.
interest at not to exceed five (5) I not vitiate the proceedings. The case istence of some preceding fact can
not to smoke or money re-
Insurance.
per cent per annum.
Name
Trc- relied upon as sustaining the legal • properly declare that tha subsequent
funded.
ci.ict
P. O. Address."
principle thus maintained is that of fact affords prima facie evidence of
Both Phones.
Brick work of all kinds done
This petition was filed with the t ity of <*>swego v. Davis. (Kan.) 154 the antecedent fact, and such enact­
on short notice.
TILLAMOOK—OREGON.
county clerk May 4, 1917, and a ¡Pac. 1124, where was construed a ment will be upheld, notwithstanding
We make a specialty of re­
week thereafter the county court, ¡statute of Kansas which provided, in- the burden of proof is thereby shifted
pairing smoking Fire Places.
Don’t forget those busted castings.
complying with the requirements of I ter alia, as follow*: "Whenever the to the adverse party, since he is not
section 4 of said chapter 103, exam­ j citv council of any such city shall de- concluded thereby, but may introduce
Can be welded for half. Goods sent
ined the petition, found that it sub­ | sire to procure authority for the issu- evidence tending to rebut the disput­
by parcel post and express promptly
stantially conformed with the require [ance of bonds under the terms of this able presumption thereby created.
) returned. Hiner & Reed, Tillamook,
men's of section 3 of this act. and act, they shall pass an ordinance di- State v. Thomas, 6 Ann. Cas. 744,
TILLAMOOK. ORE
| Oregon.
*