The Hood River glacier. (Hood River, Or.) 1889-1933, 1905-12-28
PROTEST AGAINST
BUILDING SEWER
HILL RESIDENTS HOLD MEETING
Did Not Receive Much Encouragement
From Attorney Engaged to Render
OpiniOn-Will Be Expensive

A mass meeting was held at Hol-
mans hall Wednesday night by the
residents of the hill district to protest
against assessing them for the sewer.
Notices had been posted about town
for several days aotifying the public
that there would be an "Anti.Sewer"
meeting and good deal of interest
had developed as to what course the
hill residents intended to pursue in
the matter.
1t is not thought that the senti.
ment of the property owners on the
hill was properly voiced by the no.
tice, declaring that there would be
an "Anti.Sewer" meeting. For
while there are some residents there
who are no doubt strenuously opposed
to- the building of the sewer, we
think hat the majority are in favor
of it and are only seeking some
means to make ths payment of their
assessment easier rather than trying
to avoid 1t altogether. In fact the
Glacier man heard a number of those
in attendance at the meeting give ex-
preston to this sentiment.
The meeting was called for 7 o'clock
and the room was filed to it's utmost
capacity, there being in the neighbor-
hood of 100 pers ms in attendance. A
good many were there out of idle cur
iosity, to whom the assessment does
not apply, and most of the others
took passive interest and had moth
ing to say.
j. Il. Holman was made chairman
Of tNa unantinu and ba oalIaI vnav,
Captain Coe to state the object Of the
meeting. Mr.. Coe explained what the
meeting was for and Mr.. Hayes made
motion that Attorney Huntingdon
of The Dalles, who was present, ad-
dress the assemblage.
This motion was seconded, and MIR.
Huntingdon proceeded to say that
before entering on the case he wanted
it understood that he would not take
the case merely from the standpoint
Of revenue only, but that after due
consideration il he found that there
would be any actual benefit for the
residents on the hill In contesting the
matter he would take 1t up.
Mr.. Coe moved that cen mittse be
appointed to confer with MIR. Hunt
ingdon. The motion was seconded
and Messrs. Coe, Carmichael and Gill
we're appointed.
After this there was lull In the
proceedings, and p. s. Davidson,
thinking that perhaps 1t was due to
the presence of himself and H. +. Da-
wilson, who was also present, arose
and said that as he and his eompan-
ion had bsen a member of the sewer
committee of previous council, they
were naturally interested and had at
tended the meeting on that account.
He explained that they had no wish
to intrude on the deliberations of the
meeting, and that they would with
dIaw. Mr.. Holman said that the
NEE ing was an open one, but the two
gentlemen left.
Chairman Holman then said that
there we're several points on which
some of those in attendance would
like to be informed. The first was
whether there was not some loophole
in the city charter whereby the resi-
dents of the hill could be made ex-
empt from the assessment. The SEQ
ond was what action could be taken
against the properties of the parties
who refused to pay the assessment,
and the third was whether, II there
we're any illegal members In council
at the time of passing the sewer ordi-
nance, 1t would affect its validity.
In answer to the first question, At
torney Huntingdon stated that the
charter of the city Of Hood River was
very carefully drawn and that unless
council exceeded the rights given 1t
by the provisions of the charter Its
acts would be upheld by the courts.
As an instance he cited the case Of the
city of Portland, where the same con-
dition Of affairs as now confronts the
city of Hood River existed. The case
was taken to the courts and the city
government sustained In all of them,
including the United States Supreme
Court. Mr.. Huntington said that In
the matter of contests in sewerage
cases the courts as a rule gave the
party defending the sewer proposition
the benefit of the doubt, placing
health and sanitary conditions above
the quibbles of the law.
In regard to the question Of cOun-
ellis right to make an ordinance per-
mitting it to sell the property OF per-
sons who refused or couldn't pay their
assessment, Mr. Huntingdon said that
the common council Of city was
miniature Legislature; that the city
was a miniature state and that the
court so regarded them. That they
had the power to make the laws gov
erning the affairs of the city, aud
that the ordinance relating to taking
a lien on property for unpaid sewer
assessments was unassailable. He read
the ordinance aloud and explained
each provision of it so clearly that its
puTport could not be mistaken.
As to the contention that there were
illegal members in the council, he said
that even admitting that there we're,
which would have to be proven, the
acts of these members or member
would be adjudged legal That the
law provided that the acts of public
officers must be accepted as legal un-
til their successors had been appoint
ed or they had been unseated. That
this was the remedy; that the prece-
dent had been established and that,
therefore, there could be no contest
ON this point.
The chairman then wanted to know
If the attorney could give them some
idea as to what 1t would cost to take
the matter to court, and Mr.. Hunting.
don replied that 1t was rather a diff
cult matter to give anything more
than an estimate, but said the cour
fees would be anywhere from SIS tC
$3.50. The fees for the attorney woul(
be anywhere from 500 to $500. II
might be more than this II the cas-
was long drawn out one, whicl
would require great deal of time snt
. detail.
Mr.. Huntingdon was asked fev
other questions of minor importance
and as there was nothing further T.