The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1902-01-05
SALE ~ POSTPONED
UNTIL NEXT WEEK
Delinquent Property VIII Not
Bc Disposed of Until the
Third Of February.

1
Third Of February.
The sale " delinquent property bid
In In past years by the county. city
and school district. which was TO have
occurred tomorrow. was postponed by
the county court yesterday until Feb.
runry g. Commissioner Peterson OBJ
jectcd to the postponement. but Judge
Gray and COmmiHsloncr Young favored
H. The postponcment was ordered an
more time VIII be required ln order
that the sheriff may issue deeds 20 the
property to b. sold. This matter was
recently referred to District Attorney
Allen fur an opinion, and Mr. Allen
has made the following ruling;
prior to the passage Of the act Of
the legislature OF 1901 the law luthor-
lpcd the county judge, In the name Of
the county. - purchase lands at tax
sales. and such sales to the county
we're no different from sales 10 per-
sons other than the county The coun-
Is WAS required 10 take and has TAX
rn. certificates Of sale lu the form the
statute provided and the lsw required
the purchaser tD surrender the certi-
hcate after redemption had expired,
aud the issuance Of tax deed upon
! ltA surrender such deeds operated 10
convey legal ana equitable tile to
| the purchaser sold In Zee simple 10 the
| guarantee named IN the deed. The
Legislature OF 1901 passed un act au-
lhurizlng the county 10 sell 70 prop
lcrty which II had purchased as afOre-
said and attempted In that act so do
away with the necessity lor lhe ~
suancc OF II tax deed upon lalcs which
had taken pluc, IN the past. and In the
following language IN substance:
That II NO redemption shall be made
from sales hereafter or heretofore made
10 counties. etc. title 20 the lands shah
vest lu the county or other body when
has bid in the land without Issuance
vf deed VI other iormHllty.'
The tltl- ot this act Of 1901 states
thaT II is an act TO amend the act
OF 1895. which authorized the purchase
Of land by counties al delinquent tax
sales. There ls nothing In the act Of
which this act Is amrndatory proNid-
ing that no deed shall be issued and
the legislature. also IN 1901, passed an
act which Was approved a few days
later than tn HmendatOry act above
mentioned which latter act provides
Tor the issuance Of tax deeds TO all
land upon which the ,im. Tor redemp-
ton shall expire.
Il very much doubt The power oi the
legislature to enact "a statute which
viii do away with the necessity ol the
Issuance of tax deed On past sales
particularly those Ia when the time
for redemption had expired 81 the
passage of the uct. The intention Of
the legislature as expressed in the title
OK the act OF 1901 mentioned above as
the amendu,ory act OF he act of 1898
authorizing the county t. purchase
such lands Was NOT to lu away with
the necessity ot tax deeds. This is
clearly apparent from Al examination
OF the last act OF 1871 above mentioned.
The tax deed has always been and is
now the pr,ma uci~ eviden-e OF the
cuunty's title and of the flcJ that the
time for redemption mad expired, ana
is the record notice OF the CounIys
right to Sell the property, ana / can
see no reason why the legislature, un-
der our constitution. possesses the pow
cr to provide one law which does away
with the necessity Of the county TAX
ing deeds. and yet pass another act
requiring others who purchase land al
tax sales 10 take deeds and surren-
der their certificates At the expiration
OF the time Tor redemption. there
fore am OF the opinion that, under
the law AS II stands today, the county
is in no different position than any
individual who had purchased proper
~ a. tax sales, and the county must
surrender its certificates and take It's
deeds In order that 1t may be In po-
si;ion to sell the property, l believe
it to be the safer plan for the county
to surrender these certificates, take
the deeds and have them recorded be-
fore 1t attempts to make any sales
under the act OF 1901"
Mir. Allen adds that in one Of the
counties IN this district many sales
were made without the county having
taken deeds for the property. Suits
to recover have been brought by land
holders and the neglect OF the county
Is cited as one Of the principal grounds
for the actions.
The court decided TO follow the ad-
vice OF Mr.. Allen. and the postpone
ment was necessary in order that deeds
might be secured from Sheriff Lin
vile.