Daily capital journal., November 27, 1915, Page SIX, Image 6

THE DAILY CAPITAL JOURNAL, SALEM, OREGON, SATURDAY, NOV, 27, 1915.
City Attorney Trindle
Explains Proposed New
Amendment to Charter
' The need for revision of tho present
city charter to protect purchasers of
city property on a tax or improvement
Hen is explained by City Attorney Trin-j
die in the following article:
It has been known to tho legul fra
ternity generally and to many of the
citizens of Salem for some time that
the present city charter of the city
of Salem provides very inadequate
menus for the enforcement of special
assessments levied for the improvement
of streets. Under the present charter
when an assessment is delinquent for
one or more years the city council may
direct a warrant to issue for the collec
tion of such assessment which warrant
must be placed in the hands of .tin
marshal for execution, and it is h.
duty to offer for sale and sell t
property for such, delinquent assess
ment. At the sale the marshal ives a
certificate which must be held by U
purchaser for a period of three years,
at the end of which time a deed ii: made
by the marshal to the purchaser of the
premises.
No sufficient notice is required by
the charter to make the procedure
providing for sale by tho marshal and
deed thereafter sufficient legal process
as that the deed secured by the marshal
will constitute a good and valid title.
This makes it necessary for the holder
of a deed secured from the city mar
shal to being a suit in the circuit c
to quiet title. After decree to quiet
title is secured the owner of the lot
still has throe, years within which to
appear and claim the proporty and
move to set BBide the decree.
It will be Beeu that this procedure
requires approximately seven years
from the time an assessment becomes
dolinquont until a purchaser at a de
linquent assessment sale could secure
a good and valid title to the property.
This being truo no speculator would see
fit to buy in the property at a foreclos
ure Bale, therefore the city is put to
the expense of bidding it in, and carry
ing tho burden until such time ns an
absolute title is secured so us to trans
fer the property to some purchaser.
To cure this defect in the present
charter the amendments to be voted
upon at the next ensuing election havo
been worked out, witn a view or pin
viding for the foreclosing of assess
ment liens identically the same pr,d
ure as that provided by the state luws
for the foreclosure of tux liens. L'ncler
the mothod provided by those amend
ments no foreclosure cun be had until
tho assessment hag been delinquent for
throe vears. but nt the end of sum
period the elty may proceed to sell the
property and nfter such sale the pur
chaser of a delinquency certificate may
make application to tho circuit court
of Marion county, Oregon, for a deorec
foreclosing their hens against tne
nremises. which doeree will be a fine'
determination of the matter in the
flvnnt nersonnl setvlco of summons is
secured. If summons is served by pub
Mention one yenr will bo allowed after
tho dnto of tho sule under the foreclos
ure ilocreo within which to move to set
the samo aside upon the proper grounds
shown.
Some objection has been made to the
amendments upon the ground that they
will work in the interest of the wealthy
and against the poor people of the city.
This is a mistaken idea, for the present
city charter could be used as an oppres
sive measure against people unable to
pay their assessments just as readily
as the amendment proposed, and in the
end so far as oppressin is concerned
much more effectively. Under the pres
ent city charter the city council can
collect a penalty of 25 per cent and
annual interest of 15 per cent in the
event a foreclosure is Instituted, where
as under the proposed amendments the
penalty is reduced to 10 per cent and
then only when a foreclosure suit is
instituted In the circuit court, and the
annual interest which certificates will
draw under the new amendments is 12
per cent in place of 15 per cent as at
present.
It is not the purpose of tho council
no? has tho council ever practised op
pressing, any poor person who was not
in position to promptly pay his ussess
ment as the saine falls due. Where
payments are made just as rapidly as
the property owner is in position to do,
the city has been and we believe wi:
continu'o to carry such part of the
assessment over due as is absolutely
necessary to accommodate the property
owner. But the council does feel that
people who are in position to pay as
sessments should pay thorn and not re
quire tho city to benr the extensive
burden which it is carrying at the pres
ent tiino.
The records at the city hall will dis-
cIobo that by fur the greater part of
over due assessments are owing by
people of means who by making a lit
tle sacrifice or a little extra effort
could pav them if they so desired. They
are, however, allowing them to run over
duo in sucn shape tliut it is costing
tho tax payers of the city of Suloin
several hundred dollars per annum
which could be suved if these assess
ments were collected. Many of the
persons owing such assessments arc
aware of tho weakness in the city char-
tor and knowing it propose to let. the
matter rest as it is, ns they teel mat
the chances are strong that the city
will make no effort to foreclose the
liens.
Tho situation as it stands may be
summed un in this statement. That
the property owners who pay their
taxes and assessments promptly aro
now carrying an extra load of npprox
matelv 2.0()0 per annum which prop
erly belongs to the pooplo who are con
tinuously allowing their nsHestimouts to
run over due. To pass tho proposed
amendments simply gives to tho city
council power and machinery with
which to enforce, where necessary, the
payment of assessments so as that the
expense of carryiug the indebtedness
incident to the improvement of streets
will fall whero it belongs. All persons
who pay their assessments should vote
for the nniondineiit, for it simply means
that in tho ond o considerable saving in
taxes to themselves will result.
SCHOOL TAX LEW
VOTED LAST NIGHT
Amount To Be Raised For
Support of Public Schools
Smaller Than Usual
CADY INGQMPETENT
r
Sport News
n hip, fvl (first republican ovemor of the
tugene M-dtars rue
Up Big Lead and Win
From Salem Bowlers
The Eugene picked tenm of All-Stars
piled up a lend of L'L'o pins in the first
(jnme on the liainbow alleys In Kugeno
last night but the Salem bowlers came
out from under in good shape and nt.
the end of the contest Kugene nosed
out ahead by but 32 pins. The Kugeno
pin smashers upset a total of 2UHH and
Hnlem scored 2ll."i0. Hnlem won two out
of three games but Kugene won on to
tal pins.
Pntlon, of1 Kugene, rolled the high
enme of 2.17 and tho high score of 202.
Koud had tho high average for Sa
lem with lHtl. A return match is to
1)0 plaved in this city probably u week
from tomorrow on the Club alleys. The
Hnlem tenm was chaperoned by Hill
Bteutsninn and was composed of Arthur
l.nflnr, Harney Noiid, Lloyd Wilson, 10.
Day and Fred Kress,
The score follows:
. Salom.
Lnflar
Wilson
lnv
Kress ISO 201 1
Noud 1S1 IS8 1SS
11(1 lUll 1S2
ir isi mo
state,
who died Wednesday night, were
held nt 2:.'H) o'clock this afternoon from
Kmlev's chapel and interment was
In Kiverview cemetery.
l'allbenrers were Dr. C. H. Temple
ton, A. Thurlow, John Meek, John Men
nett, W. 11. Morrow, David Mulr and
11. M. Hutterfield. Hev. H. L. Talbot,
of Hnlem, former pastor of the old
Taylor .Street Methodist Episcopal
church, of which Mrs. Uibbs was a
member, had charge of the services,
and was assisted by Rev. John H. Hoyd,
pastor of tho tirst rresnytenun
church. Mrs. Kvelyn Hurley Denny
sun. l'ort la ml Journal.
Washington Junior High
Loses To Sophomores
Totals -. 7tS );17 921
Team average, 177.
Eugene.
I. O. Katoti 1(10 Ml 10
Leo 100 17 1711
livland llS ISI 101
O'ltrien 20H HI 1.11
1'atton 157 1,13 10.1
Totals 1023 79(1 8(19
Team average, 179.
ALBANY AND THE DALLES TIE
That Albany high school has a team
that is ns good as the best of them
was demonstrated yesterday when
they played tho big Tho Dalles high
school to a standstill on their home
prounila. According to reports Al
bany scored a plaeo kick In the first
quarter, In the second period they
scored a touchdown and The Dalles
scored a place kick, Albany started
the second half with the lend of seven
points, but In this period Tho Dalles
came up and tied the score with a
touchdown and oalg. The lust quar
ter was a bitter fight to score In the
rain by both teams, neither being sue
cessful. Albany Democrat.
The Washington junior liigh school
football team met its first defeat this
season at the hands of the sophomores
of the high school yesterday afternoon
on Willamette field when the second
yenr men won (I to 0. The tennis strug
gled through nn even contest until E.
Ill) 190 1801 Hill, the Soph's left end pulled vlown
n forward puss and raced across t.io
chalk mark tor a touchdown.
Washington high has won a string
of victories this year and is not only
the junior high school champion of t'.iu
city but hmncuoil out and took, inde
pendence high school Into rump. Yes
terday's game was t'ne first played by
the sophomores ns a team this year.
Tatemuii of the juniors played a steady
game and Mercer nnd CI i II starred lr
the Sophs.
Following is the lineup:
Sophomores
C W. ('arson
....!( ( Huggins
It T r. Green
Bailes
Fit
I. T
L t
The proposed levy of (1.7 mills for the
maintenance of the city public schools
was adopted by an unanimous vote at
the annual tax payers meeting held in
the auditorium of the high school lust
evening. .As usual, the attendance at
this annual meeting was small. Of this
6.7 mills levy, 0.1 mills is for mainten
ance and 1.0 mills for the payment of
interest on bonds. One year ago the
levy was 7 mills and two years ago, 7.3
mills.
Of the $138,166.20 to be raised next
yenr, $85,600.(10 is from direct taxes
and the remainder from county and
state funds and tuition.
The motion for tho adoption of the
budget, nfter being read by Clerk W.
II. Burghardt, Jr., was made by Joseph
Bnumgnrtner, and seconded by J. L.
Stockton.
Attorney H. M. Kndicott was elected
chairman of the meeting, who stated
that ho had all confidence In the school
board of directors and that they were
doing tho best that could be done.
Chairman Miles of the board expressed
the opinion that Salem had schools sec
ond to none in Oregon, and that after
visiting several schools in California,
was satisfied that southern California
hod nothing on us, the size of our city
taken into consideration.
A. A. Lee, chairman of the financial
committee of the board, explained how
the board was able to reduce the levy
three mills compared to lust yenr, al
though the valuation in this district
had been reduced $578,000. A few
teachers' salaries had been increased
and a few teachers added, on nccount
of the increase in the high school at
tendance by pupils coming from out
side districts. He explained the in
crease of pupils in the high school fn.n
the fuet that tho efficiency of the
school was such that very few pupils
drop out at the seventh and eighth
grades, but continuo into the higher
grades, even to graduation. "As t1
schools become more efficient, more
stay in for the higher grades," said Mr.
Lee.
From a finunciul standpoint, Mr. Leo
was in tavor ot reducing the bonded in
debtedness each year and not puss it on
to the next generation. Tho McKinley
school is all paid for excepting $2,000
and the building nnd lot cost close to
$25,000. As to carrying bonds on a
school, Mr. Leo said that the Lincoln,
t'ark and Washington were built in
J8SS and 18SH. A $20,U()0 bond was
floated for 20 years at 0 per cent and
re-floated at 5 per cent., "Wo have
been paying interest all these years
and the buildings not puid for yet,
said Mr. Lee, ' ' and it will pay this
district to permit the payments on
bonded indebtedness until wiped out
Other opinions expressed were as
toltows:
Chairman Miles: Wo consider our
selves fortunate in having Mr. Elliott
at the head of the Salem schools and
wo know their management is in good
nunds.
Henry V. Meyers: I had the pleasure
of endorsing the action of the school
bonrd one year ago and am pleased to
again support the actions ot tne board
As to the suluries of the teachers, I
would liko very much to Bee them in
creased.
J. L, Stockton: I also want to con
grutulute the board and superintendent
on the good work being done. I know
they aro preparing our children to go
out into life. As to paying on bonds,
I am in tavor of paying as wo go.
Walter Winslow: I believe with Mr,
Meyers that our teachers are under
paid. I um impressed with the burden
of their work, without sunicient pay,
8. M. Kndicott: When I crime here
fivo years ngo, tliero was discord on
the school bonrd, but um glad to note
they are pulling together now. People
should visit their schools more, compli
ment the teachers, and nt the same time
toll the children that what the teacher
says is right. I also believe in paying
as we go along.
J. L. Stockton: I understand several
children cannot enter the schools on ac
count of not having sufficient clothes.
1 want to state that if any such come
to school without proper clothes, let me
know, and they will be clothed.
A. A. Lee: Our teachers aro work
ing hard. We have a new schedule by
which teachers receive additional pay
for years of service. I am glad to say
that the bonrd is In absolute harmony
throughout. In tho future, whifti we
havo served our time, it behooves the
city to keep men of actual retail busi
ness experience on the board. When
we go out, the district cannot afford
to turn its business over to any but
business men.
FUNERAL OF MRS. OIBB3
Funeral services for Mrs. Margaret
W. Gibbs, widow of Addison C. Oibbi,
Wusiiingtnn
Tntman
O'Neill
Moffett
Hutto K K..
swaggetv L(L.
l'lnnier
Chnsmnn
Fnysier ....
Hulsey ...
II, King .
C. Chung
Hetoroo, 1'roctorj umpire,
hend linesman, ('. Low,
.... Ross
,. E Olll
Lockmun
r Mercer
R H Cnldbeck
...,L If Ileckmnn
Randall;
TO HANDLE FLU
SITUATION-OLGOTT
Secretary of State Favors
Change In Management of
Plant At Pen
SAYS MANAGEMENT AT
PRESENT A FAILURE
Kay Agrees With Olcott But
Governor Is Satisfied
With Situation
That J. C. Cady is incompetent to
handle the flax business for tho state
and that preaent conditions are en
tirely unsatisfactory was the statement
of Secretary of State Ben W. Olcott
made at a conference in the governor's
office at 3 o'clock this afternoon. Mr.
Olcott said that from a business stand
point the flax situation was a failure,
u his opinion, and he recommended a
change in the management. State
Theasurer Kay agreed with Secretary
Olcott in the main but was not in lavor
of tho removal of Mr. C'nily at pres
ent as there was no available man for
superintendent. Tlie governor express
ed himself as satisfied with the present
conditions,
The meeting this afternoon was call
ed at the request of Secretary Olcott
for the Purpose of discussing the status
of affairs at the flax plant at the state
penitentiarv- nd to receive the views
of the members of the board of con
trol.
Mr. Olcott stated that his reasons
for desiring a change in tho manage
ment of tho plant were not sudden
conclusions but had beon based upon
his own personal investigations. In
stating his views, Mr. Olcott said:
Mr. Lady, in the management or the
variouB details coming tin ier his direct
You Get More
at Moore's for
Your Money
Get a 15-lb Turkey for Xmas Free
Everyone buying a Range from us between now
and December 22nd will be given a fifteen pound
Turkey free. Ranges of the best known values
will be found at our store.
Prices $42.50, $45.00 and $47.50
Good
Goods
Our store makes a
practice of handling
the best quality of
goods. The Hey
wood Mattress is
without doubt the
best value for the
monev.
lMIMfibiattsttH
We are exclusive agenU
in Salem
Where
Quality
Rules
Sf9 Store
Did It Ever Happen to You?
By Mort Burger
rfw Low!iLU!!J12?& "TTl NWIWfCrERS I ' P" yes ina,v& a Pin& j
Vft-f rtSSJNP" T i j'Iirurt& op goods (
Sons'- TfIjw,T' M (nLt-r) cmta a. I
Wfc IM SvJMa wfe catQ U lfoy-r ties') cowfcgoont To t-ioanos) bt.Ht on aY"
An Improved Quinine, Does not Cause
Nervousness nor Ringing In Head
The h(iipv combination of lsxnilves in
I.AXATIVK UHOMO QUININE makes
tho ljulnlne In this form havo a far
better effect than the ordinary Quliiiue,
and It ran be tnkeu by anyone without
affecting tho hoad. ltemember to call
for tho full name. Look for signature
of E. W. Orove. 25c.
AFTER SIX YEARS
Salem Testimony Remains Unslukou.
Time Is the best test of truth. Here
Is a Salem story thnt hns stood tho test
of time. It is a story with a point
will eomo straight home to many of us.
P. W. Brown, fnrmor, 1399 State St.,
Salem, says: "Threo years of mill
wright work in a damp atmosphere die
ordered my kiduoys. I often ban lame
ness and soreness across tho small of
my bnck. When having an attack, I
heard of Poan's Klduey Tills and got
a supply. They removed the backache
aud soreness, together with otho. symp
toms of kldnev troublo." (Statement
given .Tun. 81, 7900). After a lapse of
more than six years, Mr. Brown said:
"All I fuiid recommending Doan's Kid
neys Pills when I publicly endorsed
them before, holds good. I usl them
oeensloliiilly when I liave symptoms of
kidney eomplnint and I nover fail to
got quirk relief. Another of the family
hns also used Bonn's Kidney Pills for
kidney weakness and has had the bout
of results."
Prlco fiUe, at all dealers. Don't sim
ply ask for a kidney remedy gt
bean's Kidney Pills the same that
Mr. Brown hns twice publicly recom
mended., Foster MUburn Co., Props.
Buffalo. N. Y.
supervision and responsibility has not
measured up to the job. He has la
mentably larked initiutive and fore
sightedness nnd every member of the
board has remarked th.s. This has not
alono bien a subjort of comment by
such members but as well bv prncticnl
ly man in authority that has had to do
with tho flux work.
"A few specific instances will suf
fice: "Mr. Harry Minto. our much la
mented Into warden who recently gave
up his life in tho service of the state,
and upon whose shoulders devolved tho
duty of gathering or harvesting tho
flan with the labor of the convicts,
spoke to mo innumerable times in se
vere censure of tho dilutory methods
and tactics employed by t'ndy. At tho
timo thoro was pressing' need that some
action be started towards harvesting
the crop ho was unusually irrltnted and
worried by Cady 'a indifferouee and en
tire luck of plans for taking enro of
same and informed mo it was his in
tention to take the mutter up with the
board for his own protection and make
it perfectly plain to them that ho was
prepared at any and all times to co
operate to the fullest possiblo extent in
everything thnt bad to do in the fur
nishing of the men and labor required.
That, in his opinion, tho harvesting
should already havo begun and that
further delay, for which he could see
absolutely no reason, might seriously
endanger the crop.
" Furthermore, he was particular in
informing the bourd that he did not
presume to know anything about the
flat business. That his business con
sisted In furnishing and convevtng tho
necessary convicts required for tho
work and further than that he wished
them to know ho assumed no responsi
bility whatever.
"In this connection I wish to say
that it will bo recalled by all, without
doubt, that the general Imprassion pre
vailing at that time, and often remark
ed, was that the harvesting of the crop
had been delayed a matter of one to
two weeks. I mention this fact for
tno reason thnt the flax straw, and
fibro jiroduced therefrom, has been
criticized by those presumed to know
as not Deing of sncb grade aa could
have been produced bv proper hand
ling, i.owever, time will tell whether
or not this is a warranted criticism.
"To bring the matter down to the
present time I refer, with permission,
to frequent conversations had with the
present Warden, Mr. John W. Minto.
His impression of the managerial ca
pacity of Mr. Cnd" seems to coincide
largely with thnt of his predecessor as
he informs me he hns taken precaution
to protect himself by informing Mr.
Cady, in the presence of reliable wit
nesses, tnnt ne was prepared to fur
nish, and would furnish, all needed
help at any and all times, "rain or
shine, day or night." Further than
that tie wished it understood no respon
sibility attached to him in any manner
in the handling of the flax. However,
Mr. Minto is accessible to all and I re
frain from quoting him further.
"Along the line of Mr. Cady's al
leged incompetence, or lack of experi
enco, as you wish, I will briefly allude"
to but one or two incidents that are
fresh in the memory of all that have
watcher the progress of tue work.
"From tho best knowledge I can ob
tain thore is now out in the fields,
either spread for rotting or standing on
eml in the form of bundles, approxi
mately 130 tons of flax straw. Wheth
er or not this has been badly damaged
seems to be a moot question among
those very few hore possessed of in
timate knowledge of the intricacies of
what is, or what is not, proper in the
retting "ricess of flax straw.
"Regardless of this condition of af
fairs danporous or otherwise as the
net results will ultimately and undent
nbly show Mr. Cady was shoving out
more flax Into the fields and probably
would still be at it if he had not been
stopped.
"Another Instance Is that .of ats
having placed in large shocks a eon-
"Son" Is Stranger
to Jack White at Foot
Ball Game In Mud
Officer Jack White saw his first
football game Thanksgiving day when
8alem high school and Columbia uni
versity plnyed on Willamette field and
Mr. White's presence at this particular
came was largely due to the fact that
George White, Mr. White's 17 year old
son, was stationed nt right guard lor
tho Salem high. The quagmire that
was soon worked' up in the middle of
the field was evident from the side
lines an-1 after the first quarter every
man on both teams was smeared from
head to foot with Willamette mud
which coated friend and foe alike.
Mr. Whito, Sr., was plowing ui and
down tho side lines when a friend re
marked that he did not know tho offi
cer was a football fan. JacK answered
that ho was not but as he had a son
out there he liked to look over tho
company he was in.
"Is that so, Jack, which one is he "
"I don't know him," the officer
nnswered truthfully.
Atter tho game Mr. White gave it
aa his opinion that it was an unfair
game as everyone appeared to want to
jump on one man and that it did not
matter much which one it was but t'aej
all jumped on him just the same when
ever he tried to do anything and that
ho thought that it was mighty discour
aging for a man to try to run when
someone sneaked in from behind and
grabbed him by the feet.
ing this I wish it understood that 1
am not attempting to disclaim any re
sponsibility whatsoever, post or fa
ture, as a member of this board."
siderable quantity of flax straw I un
derstand between 30 and 40 tonB. This
straw had been spread over the ground
in rotting process, and, I understand,
was quite damp when tied into bundles.
Being piled In large shocks it was, as
a matter of course, absolutely impos
sible for air, sun or any other .natural
element to penetrate it beyond the sur
face. There was very grave danger
thnt this would heat tho natural re
sult of which, well known to every
farmer, would be that burning or rot
ting, and consequent loss, of practical
ly all of it so shocked.
"In -any event, as soon as this con
dition of affairs became known to oth
ers in Interest orders were immediately
given that it was to be unshocked nnd
stood on end in bundle formation, each
bundle opened and spread out at the
baso to allow free circulation of air
through It. It now is in thnt condition
and is- distributed over a very large
acreage.
"In closing will say I have endeav
ored to handle this matter conserva
tively. Tho couslusions reached aro
honest ones. I have endeavored to be
just to Mr. Cady, and in this connection
will say he had excellent references,
but I wish now to protest to this Board
a continuation of his services. In do-
Scott & Bynon's Bargains
40 acres, close in, cleared, at $10O
per acre.
60 acres level, cleared; well located,
$100 per acre.
80 acres elenred, near Fair Grounds',
at $100.
140 acres, 100 acres cleared, balanca
timber, will sell for $100 per acre, taka
some city proporty in trade.
Six room houso, $650, $50 down, bal
ance $10 month.
IxitB in good locations, $250, $300,
$350, $5Q0, $1000.
EXCHANGES
160 acres in Arkansas for Oregon.
160 acres in Alberta for Oregon.
130 acres in Gold Hill, Oregon, for
Willamette Vnlley.
Salem residence for small farm.
10 acres Improved for Salom resi
dence. 20 acres nt West Stayton for Saten
residence.
Honey to Loan
$200, $300, $400, $500, $600, $1,00
We Write Insurance,
Houses to Rent. 1
SCOn&BYNON
Tel. 037 121 South Liberty St.
Rear of Salom Bank of Commerce
Try A Few Chops
for breakfast or lunch. Ton '11 find
them delicious, juicy, appetizing and
tender, We'll cut as many or as few
as you like, but we advise you to
order plenty. For once you taste our
kind of chops you'll feel like eating
more than you ever did before. Don't
worry about prices. They are always
low here.
Independent Market
157 So Commercial St. Phone 729
i 111