The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1889-11-27
CITY COUNCIL PROCEEDINGS.
AN OPINION FROM THE CITY AT
TORNEY.
Two Hours In The City Council Room.

ponce Judge, ana street SuperlnIend-
ent were read and referred.
Liquor licenses were granted H. B.
Parker. Fink & Garbeck, O. G.. Vir-
lgin. c. J. Hendrickson, Sanderson &
Boir, and John Mccormick.
Regarding the Sailor boarding
house act" city attorney Noland read
an opinion, in which he held that the
act is unconstitutional and void.
He said that that law passed by the
last legislature, has the effect of
Amending the charter of Astoria by
Imposing new duties upon the city
council, and also new and additional
powers. It also creates a new Office:
it enjoins upon the common council
the duty of providing payment for
such officer, and thus adds additional
burdens to the taxpayers of Astoria.
That act virtually amends the As
toria charter and provides for the ap-
pointment of an additional police Of
fcer, and annuls section 135 of the
charter.
The act in question also amends
section 80 of the charter, and makes
compulsory on the council the ap-
pointment OF an officer, thus violating
article ", section % of the constitu-
ton of the state OF Oregon. 1t also
conflicts with section 20, article ", of
that organic law.
The officer contemplated by the act
is state officer, not a municipal one,
and the council would be pOwerless to
impose any duties outside of those
set forth in the act.
The council of this city would have
no power to appropriate money out OF
the city treasury to pay the officer his
salary, for taxes can only be levied and
collected for municipal purposes.
In the case of the state VS.. Wright,
eft. al, the Ready liquor law was held
by the court to be unconstitutional on
the same ground.
So that, in the opininon of the city
attorney, section Z, of what is known
as the Sailor boarding house act,"
requiring the Astoria city council to
appoint a harbor police, and provide
for his compensation, is mconstitu-
tional and void.
The opinion was received and filed,
and the clerk instructed TO notify
the chamber Of commerce.
The committee to whom was re-
ferred the work of Hill and Ma
rion, Ii. A. Shorey and Ross and Writ
reported, accepting same: report
adopted.
An ordinance accepting the Wash
ingtOn street sewer was passed under
suspension of the rules.
An ordinance to collect delinquent
assessments on. Washington street
sewer was passed under suspension of
the rules.
An ordinance authorizing George
Flavel, Robert Carruthers, Sam Har-
ris, G. s. Wright, and +. ID. Winton to
build a cable road on Main street,
southward, and granting them fran
chise to construct and maintain such
a road on that street for fifty years,
was read and referred to street com
mittee
An ordinance TO prevent the playing
OF bands on the street, which appeared
to be decidedly sweeping in its pro-
visions, was lost by a vote of yeas to
nays.
An ordinance providing for the i'm
provement of West 9th street went
through with a whoop, under suspen-
sion OF the rules.
An ordinance to collect delinquent
assessments on the Washington street
sewer improvement was passed, under
suspension of the rules, and an Ordi-
nance declaring the cost uf the sewer
on Main street was also passed in a
similar manner.
Ordinances extending the time for
the improvement of Second street,
and Washington street, were ike
wise passed under suspension Of the
rules.
An ordinance authorizing the city
to contract with J. G. Trullinger for
the lighting of the city with % cleo
tric lights at S16 per month per
light, was dragged out of the hole
where it has been for many months,
the dust wiped off it, and read first
and second times.
An ordinance authorizing the West
ern Union Telegraph Company to
lput up poles in the streets and stretch
wires thereon was read twice.
Then the allowing of claims came
up. and the following bills were al
lowed:
Ross & Writ, 81, ,152.77, $3.50; Hill &
Marion, S150.91; Carruthers & Co,
$87.48, $10S1, $3.50; Sundry persons,
S132; Robert Carruthers, S14; Astof
house, $13.77; l.. Martin, $105; Sun
set Telephone Co., So; w. w. Belcher,
$3.50; Fl. B. Parker, S5, $3.50; West
Shore Mills, S131.30; Wilson & Fisher
S49.71; Clatsop Mill Co, $3.50; Y.
NJ. C. A, S1.3O.
Up to this juncture everything had
run along as smooth as could be with
the exception OF little hitch on the
electric light ordinance, a motion to
pass it under suspension of the rules
having been defeated, when an inno-
cent looking little resolution handed
up by councilman Fox, stirred up q
breeze in minute.
1t was to the effect that the aud.
itor and police Judge be author
lied to give notice that there would
be an election on the 11th OF next
month, for city officers; that the polls
be for the first ward at the city hall
and for the second ward at Turks
building, and that the judges and
clerks of election be as follows: In
the first ward, G. g. Fulton, c. H
Stockton, and Thos. Boelling, judges
and the clerk, Ed. w. Wright; and in
the second ward, the judges to be ID
81. Welch, Robert Carruthers and b
Van Dusen, and the clerks, G. w
Stone and w. S. Kinney.
AS T. s. Jewett finished reading the
resolution, councilman Bergman said
it was an outrage, rose from his seal
and hastened down stairs. Mayor
Page called to him to return, and sent
chief of police Barry after him. They
both shortly returned, and council
mar Bergman said 81 want to be ex'
cused." "If there is no objection, you
are excused" "Well." said council