The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1905-07-14

| District Attorney Harrison Allen filed
his opinion in the court house proposal
just before the close of business at the
county clerk. office last evening. The
opinion does not clear away the matter
as had been hoped but makes other opin
ions necessary.
In brief, Mr. Allen advises the court
10 secure the proposal. which public
spirited men intend making and then 10
submit them 10 him for his opinion as
TO their legality.
When the court house case WAS car
ried 10 the supreme court that tribunal
ruled that no county could legally ex.
cred the constitutional limit Of indebt,
cdness. Mr. Allen Is Of the opinion,
taking thi. ruling a. basis. that il
s@ould be just a. legally impossible for
the county court 10 incur an indebted.
ness IN exces. Of 5000 for rental Of a
county court house ns for any other pur.
pose. and that Il would likewise be IL.
legal for one county court 20 incur such
t,debtedness for succeeding county
eourt to pay.
II can be stated, however, that there
]. way ont of the dilemma although
that way has not been made public.
'Should the county court decide to aban.
don the present project and let the mat
ter rest until the present court house
levy nets sufficient funds 10 complete
the building. the present court house
would continue 10 be the seat OF gov.
crnment for -four years, as that much
time would be required to get the neces,
sary sl0OeOO
! When the court meets tomorrow the
opinion will be read and then decision
will b. arrived ut as TO what course will
~ pursueds II is qIdte probable that
the court will secure the various pro.
po-al., some Of which have already been
presented, and turn them over to Mr..
Allen for an opinion as to their legality
trhe report of the District attorney is
a. follows:
Astoria, July l3,To the Honorable
County Court OF the State OF Oregon for
Clatsop county Gentlemen: In answer
TO your request for my legal opinion as
TO whether or not there is any legal way
to complete the present county court
house, have the following TO say;
''Under the late decision of the su.
prcme court OF Oregon, with reference
10 the same, there is no possible way foi
the county court TO enter into any con.
tract binding the county to incur any
debt the object OF which is to complete
the court house building for the reason
that the county Is in debt over the con.
stitutional limit do not mean by this
that il would be beyond the realm of
legal possibility to devise plan where.
by the court house could be completed,
but believe the weight of authority to
be such that any arrangement to be
made with private capital looking to
the completion of the court house must
depend upon the good faith of the tax
payers on the one band and such capi.
tai on the other,
a might say that various plans have
suggested themselves to my mind, such
as conveying or leasing the property to
private parties who would agree to com
plete the court house, but | find that
serious legal objection could be made
to them sufficient, at least, to warrant
the court in granting temporary in.
junction against any such contract; so
l therefore advise the county court to-
await proposals in writing from private
capital, and If any such shall be submit.
ted | shall be pleased to give my opin.
ion upon the legality of the same. Yours
very truly
"HARRISoN ALLEN"
There is ray of hope In the situation
and ii all goes well the court house may
yet rise beside the tumbled down shack
now in use and stand a monument to
the enterprise of those who have been
striving for the greater Astoria,