The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1893-06-02

circuit judge made an order on the
treasury of Lincoln county for the
due Mr.. Wilson and had a
warrant drawn to the express COM
pany for it. The papers were then
delivered to the Lincoln county |
clerk and the matter ended. Tie
GAZETTE learns from another
source that the circuit judge next
day made an order, on an ex parte
hearing accorded Lincoln county,
for the Lincoln county treasurer
not to pay the warrant ordered out
Tor the payment of the Benton
county clerk. Mr.. Wilson, when
asked about this, stated that he
had not received any notice to that
effect.
By the provisions of section 5 it
will be seen that it is no easy mat
ter to decide just what the county
clerk of Benton county should
copy for Lincoln county if the lit
eral wording of the bill is followed.
When asked how he decided what
to copy, MIR. Wilson stated that he
left the matter to his legal adviser
and followed his advice. He cop
led verbatim all of the assessments
included within those precincts
and parts of precincts within the
boundaries of Lincoln county.
But to 60 into other precincts and
and segregate assessments the
clerk did not do and could not
have done he had tried, since the
assessments were not segrega-
ted on the book nor in the
original assessment. To usurp the
functions of an assessor, we ap-
prehend, is not the duty nor within
the power of a county clerk nor
any one else (unless it be a state
board of equalization), and MIR.
Wilson did all that he could legally
do to carry out the provisions OF
the Lincoln county bill. 1t comes
in very bad grace from Lincoln
county people to criticise all officer
who has conscientiously endeav-
ored to perform his whole duty
under a law which. by their own
stupidity, is so ambiguous as tc
require the intervention of court
of justice to construe. To the
inquiry, " What right has a sheriff
in Lincoln county, IN 1893, to make
sheriff's assessments on property
already assessed and duly equal
lied in Benton county in 1895
under an existing law and taxes
duly paid thereon?" we can only
echo: ' What right, indeed!" The
court will undoubtedly construe
the law, and if it is found thai
the sheriff had no right to place 6
cloud Oh mans title the person
damaged always has his redress fol
it. 1t is we'll established thar
"there can be no wrong that the
law will not provide a remedy
for" We suggest that if the act'
of assessors and boards of equaliz
alton are to be set aside and helC
for naught by sheriffs Of othe
newly created counties and sus
tanned by courts without any relic
to taxpayers, condition appar
emily sought by our neighbors, i
would be just as we'll to take th'
ex post facto clause out of th'
Oregon constitution and all prop
erty owners sell out and move
east. 70 such persons as have re
ceived notice to pay taxes in Lin
coin county who have already pait
their taxes in Benton county TO
1892, The GAZETTE volunteers th'
advice that they keep their none,
in their own pockets until tht
court decides the question. l
they pay it they may not expec
to get it back-not a cent. Ever
if the court sustains the LincolI
county sheriff, the individual cos
will be but little greater. Afte
all, it is very small matter, in
deed! 1t is a safe rule to follow
that if there are grounds to doub
| tl,o ,>,oo,;ot,, ~ y,o,y;pr ont p,onoH