The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1900-02-01
Attorney Thompson DlsapprOves
the Roads Petition.
ARGUES FOR REMONSTRANTS
Petition Comes Up To-day for Final
Action - Are Opponents Talk
Ing Through Their Hats?'

the matter would come up for decis-
lon yesterday but the inability Of Dep
uly Pracl and Assistant Carulhers TO
complete the work Of checking on the
names precludcd the possibility Of
nnai action.
The work OF ascerlainlng the yalidl-
y OF the 1900 signatures ls trcmen-
dous task. the work requiring much
time and perseverance. Names Of
persons representing every known ma
tiOnnlity ARE on the petition. and some
OF them look more like chicken tracks
on wet day than the signatures Of
those who live. talk and have THEFT
being IN clatsop county.
However. much interest was added
10 the temporary lull In proceedings
by the Ming. by Attorney c, II
Thompson, OF an opinion In which IN,
validity Of any favorable action By
the county court was disputed. Mr..
Thompson appears as one OF the re.
moliStrahts and his written opinion
VAS entirely gratuitious. II win be
formally presented this morning. The
main points touched upon In the opin-
Ion are AN elaboration OF the point
made by District Attorney Cleeton, as
given IN the Astorian yesterday morn
ing, Although confined 20 the legaI
phase Of the controversy, the opinion
is quite interesting and is considered
Of much value by those opposed 10 the
"thrcc.roads" enterprise
Mr., Thompson taps the fountain
head of the orposltion's argument In
his instrument, II Is clear that much
OF the opposition TO the proposed en-
tcrprige would be quelled had the peti-
lion not been plurallzed. Most OF those
who are opposing the construction OF
three roads declare that they would
have heartily endorsed n proposition tc
tap the Nchalem country alone. Friends
Of tie measure. TO the contrary. say
that those who are opposing the
"three-roads' proposition would have
opposed a 'one-road' proposition. or
ary other proposition Involving the
expenditure OF extra funds, and that
they are now talking through their
hats" merely for effect
AZ any rate the outcome will be
known today
Attorney rhompsons opinion fol-
lows:
ASTORIA. Jan. 3l.-To the Honor
able County Commissioners. Clatsop
County. oregon--Gentleme In regard
TO the jurisdiction. or authority OF the
county commissioners to levy special
tax OF five mills each year FOR the per-
iod OF four years under certain petit
tlon heretofore filed with you and
known as the Three Roads Petition"
| herewith submit the following opin-
ion thereon:
Section s2ii OF the code provides that
any organized county thereby author
lied ana empowered 10 aid In the con-
struction or repair Of any public high
way, or river Improvement in the man
ner hereinafter named. Section 22i9
provides that majority OF the legal
voters of such county, as shown by the
poll books of the last preceding elec-
tion. shall petition the commissioners
OF such county In favor OF any propo-
sition to aid In the construction or re-
pair Of any such public work. etc, and
then II shall be lawful and competent
for the commissioners to order and
levy an annual tax running through a.
period of years, providing for separ-
ate fund for the purpose OF aiding and
constructing the public works petit
toned for by such voters, etc
Now, under this law the commission
ers have no jurisdiction to levy such
TAX unless valid petition. as indicated
In section S242 shall be presented to
them. This petition must be signed by
a majority of the legal voters, and |
must petition for some public improve
ment, such as the construction or re-
pair of public highway or river inn
provement, designated in the first sec
Iion above quoted. In other words the
petition must designate or specify with |
certainty for Identification,
he particular public improvement in
tended to be constructed or repaired. |
While there Is some doubt in my mind
rs to whether the petition can contain
more than one public improvement, for
Instance three in this case, will waive
hat branch of the question.
The petition asks for the construc-
ion, Or rather for the levy of the tax
o aid In the construction of three main
'oads, each beginning at certain de-
signated point on the corporate limits
If the city of Astoria, and each ending
1t certain designated point on the
boundary line Of Clatsop county, each
over the most practicable route, the
irst by way of Seaside and Necanicum
river to the south boundary line of
-latsop county, the second by way of
Olney and Jewell to the line between
1latsop and Columbia, and the third
o the Columbia county line near West
port, oregon.
1t appears from the petition that
hone OF these roads are to be con-
'tructed over roads already laid out, |