The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1899-07-11
crI,cuIr COURT
clty yIetorlou. u rwo Imporlanl 90.

| Clty VICTORIOUS ~ Two IhpVTthhl 'AN"a
The following orders were made IN IN
circuit court yesterday;
Mutual Trust Company VI. Paelf'
Union Packing Company. findings ant
Judgment Tor defendant and plaintiff a.
lowed % days to flle their blli Of cNcap.
lions.
state OF oregon OK rel George Kaboih
W. W. Rcreage, motion for q new triaI
oyerrulcd and plaintiff allowed " day'
70 iile bill Of exceptions.
Walter Brs ~. u. b Curtis et al.
demurrer sustained.
y. w. Newell. assignee. ~. J. y. Yoen.
plaintiff requIrd 10 make com. parts Of
lip complaint more definite and certain.
Columbia River Packers Association W.
Frank Cook o. al. dismissed without
prejudice
y. W. Newell. assignee. w. Andrew
Bakka. settled and dismissed.
Paolnc Sheet Metal Works ". Columbia
oil q Guano Company. order femahding
this case back 10 the circuit oouri o.
claisop coun'y by United states court.
q. J. Curtis W. City o, Astoria, demur.
rcr Of defendant sustained. This was a
Hu!t 20 recover balance Of salary alleged
10 D. due because council reduced piain-
uns salary during his term Of once a.
city attorney. The demurrer claimed
that tho council had authority 10 alter
salary Of plaintiff. even though his ofiieo
was an elective one aud the court 80
held. AZ tina, was she only point a. Is
su- Il settles the case 10 tho city's favor
q, wIngate ot al. W. CITY Of Astoria.
decree for defendant and order drealng
ciIid Of police TO proceed with the sale
q attached property. This suit was
brought 20 restrain the city from the
collection OF assessments Tor the improve.
n.ent OF Grand avenue. which the paint
lfs claimed was improperly made. The
court sgSted that rhe main poln, az issue
was the matter OF liking the grade. he
did MT think the grade of cross streets
vas su'hcicnl 20 determine the grade oa
the main street as was coa,cadei by DE-
fenec. but heli thai under our charter a
procedure that giyo interested peoplo
nO,icc ot what the grade was 70 be
was sufficient TO comply with rs pro-
visions.
In this case the grade Was fixed by
Bergman ordinance. whioh has since
been declared illegal hy tht supreme
court, the council. however. published a
notice that the street would b. improved
al tha established grade. which had been
nxed by this Technically invalid orlin-
airs,. a. this time. though, everyone
supposed the ordinance was valid and
tho court thought the published notice
was sufficient TO inform everyone of
what work was contemplated The court
also held that the toard Of assessors
and street COMMITTEES, comprising tha
board q equalization were one body and
he contention that only one mcubcr OF
he atrcct committee had signed the ac-
rcptanoc OK Improvement was not well |
aiken. as all the assessors and one OF the \
street committee signed /, and they con-
'tituted a majority OF the body.
The evidence showed that all the plain
iffs had signed a petition TO the council !
irging the Improvement and had even
waived their rights 10 paying assessments
,n no installment plan. That they were
'ully aware OF how the work was beng
lone but made no protest at the time and
he court held that complaints were out
" place now after portion Of the as
easements had been paid He, therefore,
ieoided the case IN favor OF the city.