The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1889-06-12

| On mOtlOn tnaG pOrtlOn OF the re-
port relating to the purchase of hose
was adopted.
In the matter of the proposed Main
street sewer, the committee to whom
it was referred, referred it back again,
there not being the requisite two
thirds. The report was not acted
upon.
The committee to whom was re-
ferred the proposition of J. G. Trullin-
ger reported as follows:
The Honorable Mayor and Common
Council, City Of Astoria:
GENTLRMEN:-We your special commit
tee, to whom was referred the proposition
of Hon. j. @. Trullinger, report as fol-
lows:
That we find that the proposition of
said Trullinger is to dedicate street
commencing at his Office. We find that
other parties also own land on said pro-
posed extension of Concomly street, and
that it will be necessary to purchase said
land at the same rate as that offered by
Mr.. Trullinger.
We, therefore, ask that your committee
be discharged, and that the council con-
slider the matter as a committee of the
whole, with the view Of proceeding ac-
cording to the charter.
A. A. CLEVELAND.
Jas. w. WELoH.
Councilman Cleveland said that he
had seen s. Elmore, and that Mr.. Ell
more had said that he wanted, pro-
portionately, the same price for his
adjacent property that Mr. Trullinger
wanted for his.
Councilman WEIGH moved that the
matter be referred to the committee
on streets and public ways and the
street superintendent, city surveyor
and city attorney, instructing them to
condemn the property and proceed to
open the street according to the
charter.
The report regarding the complaint
of w. Dench was adopted.
The street superintendent, auditor
and police judges reports were read
and referred.
The following opinion by city at
torney holland was read:
To the Mayor and Common Council of
the City Of Astoria.
6kNTLEMEN: IN re re1undlng the
money paid by II. B. Parker for liquor
license. having been referred to me for an
opinion will say:
OPINION.
Mr.. Parker paid the city $500 in March,
1889, for license to sell wine, malt and
spirituous liquors in less quantities than
one quart. The city granted the license.
The license is person privilege granted
to Mr.. Parker. No one else is is entitled
to exercise it. The city can not so long
as he keeps an orderly house deprive
him of the same. On the other hand Mr..
Parker can under no circumstances de-
mand from the city the return of the
part thereof. The money becomes a
part of the funds of the city and is in no
sense special fluid, dependent upon or
in any way connected with the license
Mr.. Parker holds from the city. Mr..
Parker can not sue the city for the $500
or any part of it and recover. Frainor
%, County of Multnomah, 3 Or, 215.
Then, if Mr.. Parker can not compel the
city to refund, he has no legal claim
against it. am then forced to the con-
clusion that should the city refund the
money it would be for the payment of an
illegal claim. The council by so doing
would make an illegal appropriation of
the peoples money entrusted to their care.
l have the honor gentlemen to remain,
GEo. NoLAND,
City Atty.
Astoria, June 11th, 1889.
On motion the report was adopted.
An opinion regarding the legality
OF the council appropriating any
amount for Fourth of July celebra-
ton, giving it as his opinion that such
appropriation could not be legally
made. Report adopted.
Ordinances ordering the auditor
and police judge to issue warrants for
the collection of delinquent assess
ments on Washington and Benton
street Improvement, were passed un-
der suspension of the rules.
An ordinance authorizing the city
council to enter into a contract with
J. G. Trulinger to furnish % electric
lights, 8 in the first ward and 13 in
the second ward, for one year for S16
per light per month, was read first
and second times.
| Mayor Page stated that at a special
meeting last Saturday the council had
appropriated $500 to the relief of the
Seattle sufferers.
He also stated that he had received
a communication from two surveyors
asking permission to place monu.
ments and survey grades.
The matter was referred to commit