The Dalles daily chronicle. [volume] (The Dalles, Or.) 1890-1948, 1895-04-16
COUNTY INDEBTEDNESS.

against County Judge Northrup OF Multi
nomah county to compel the county to
take charge of the free bridges across
the Willamette, and also those acquired
by the bridge commission. The suit
was brought before Judge Hurley, of the
circuit court, who yesterday rendered
decision, the natter being on demurrer.
We give the closing part of the judges
opinion, sustaining the demurrer, the
opinion being based on the constitutional
provisions concerning county indebted
nesi, which is fixed therein at the limit
of $1,000. Judge Hurley, on this branch
Of the subject, says:
'The next and last question to be con-
sidered is as to the power of the legisla-
ture to create debt of the county ex-
ceeding $1,000.
''This act creates a debt against the
county, or rather obligates the county
for the entire bonded debt and interest,
and requires the current expenses of
operation, repairs and renewals of these
bridges and ferries to be borne by the
county without its consent. Aside from
the statue being local and special, I am
of the opinion that it is clearly in viola
ton of section 10, article IL, constitu-
ton.
"It seems to me that this constitu-
tional Limitation is a restriction upon
the power of the legislature, as well as
the power of the county, and this is SO
especially where the liability had al
ready existed prior to this act, and
L.. Al
by operation of general laws.
"In the case of Buchanan vs.. Litch-
field, 102 U. S., 237, Harlan j., says: :
NO legislation could could confer upon
municipal corporation authority to
contract Indebtedness, which the consti-
tuition expressly declared it ought not to
be allowed to incur
''Nor do 1 think there is anything in
consistent in this view with the deci-
sions of the supreme court of this state.
The case of Grant county against Lake
county, IL, Oregon, 453, was decided
April 15, 1889, and first construed this
section. It is there eaid, Debts and
liabilities and liabilities arising out of
such matters (salaries of officers, ex-
penses of holding courts, etc.), whatever
sum they may amount to, cannot in rea-
son be said to have been created in vio-
lation of the provision of the constitu-
ton referred to, as they are really
created by the general laws of the state
in the administration of its government
al affairs
''This decision, even to that extent, is
in conflict with the People VS.. May
Colo, 404, supra, constituting similar
and almost equivalent constitutional
provision. 1t is also distinctly in con-
flict with the decision of the supreme
court of the United States in the case of
Lake county vs.. Rollins, 13O U. s., 662,
constituting this same provision of the
Colorado constitution, decided May 13,
1889, a short time after the decision an
nounced in IL Oregon. Brewer, j., then
on the circuit, had decided in "a Fed.
Rep, S45, holding that this provision OF
the Colorado constitution only applied
to voluntary Indebtedness, and not to
compulsory obligations cast upon the
county by operation of general laws. In
this view he was not sustained by the
supreme court of the United States in
the decision of 13o U. s., 662, announced
without dissent.
''In Wormingham against Pierce, %
Oregon, 6I0, the opinion of the court
quotes with approval the case of the
People against Wall. ss Ill, 75, and the
People against May, Colo, 81, and
mentions the exception that is made as
to certein debts, in IL Oregon, 453, clas-
styling them as such that would arise by
operation of law in the ordinary course
of business in the county, and therefore
do not include extraordinary cases like
this.
''In Burnett vs.. Markly, % Oregon,
4S9, there is nothing inconsistent with
the view which we maintain that these
debts thrust upon the county by opera.
ton of law are such only as arise under
general laws, and relate only to such
debts as may be created by operation o.
law after the passage of the act, and moi
debts which the act itself creates.
''The demurrer must be sustained and
the petition dismissed"
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For Rent.
After April 1st, 20 acres of fine land
situated within the citv limits House