Daily capital journal. (Salem, Oregon) 1903-1919, 1906-04-03

ROAD
LAW
Shown TO Be Very Defective
by the State Grange
Bulletin.

EOauhi Ug maCauhmlAihk OF OlnefWlse
by special assessments upon the ada
cent land owners. The body Of the ac
gives the county court power TO con
tribute an amount, not exceeding hal
the cost Of the road, from the COUNTY
treasury. No such power is set fortl
in the title Of the act, and this special
provision Of the law is probably void
on that account.
The county court acquires jurisdic
tion to proceed, under this act. on pre-
sentation Of a petition, signed by a
majority Of the resident land owners
within two miles on either side Of and
one mile beyond the terminus Of the
road.
u Is thus possible that the majority
Of these signers will represent bat a
small portion Of the assessed cost Of
the road Non resident land owners
have neither the right 70 petition nor
20 object The petition may be dis.
missed II resident land owners repre-
sonting two thirds Of the assessed cost
Gle a remonstrance.
Now here comes a peculiar proyisionl
n any ouc-banker, or other capitalist
with money waiting for a safe invest
mont IN non taxable bonds--comcs for
ward With a donation Of money The
county Judge has tho power. II "in bic
opinion tho amount of bis donation
oqualizes tho expenses and benefits. 10
oyerrule all objections ~ 20 the sH
pcnse Of the undertaking.
This act gives ibc county Judge very |
arbitrary power all through. and /,
arouses a suspicion In tho mind of the
farmer whose lands are assessed. that
tho act Il moro aoliciious fof the safo.
~ Of the man who shall buy tho bonds
than Cor bis own.
Upon femonstfauco % the county
judge that tho aggregate expense Of a
road improvement will exceed
the benefits, bis decision Il fnal. From
this cause of objection there IL no
right of appeal Appeal Is given upon
some minor objections but Il Il burden.
"a with a condition hitherto unknown
In this state.
That is that n an appellant fails 20
reduce his assessment or Increase HE ,
iamage 20 per cent he must pay costs
Even n he does bring himself within b
he statutory requirement and recover
'osis, the court turns round and as .
.esses the costs he RECEIVERS upon the 3.
ands assessed for bensdts. bis own !,
among the numbeF' Like tho darkey's
rap, this provisions affords a striking
Illustration of "eatehin' 'em a-somin
md a'gwihe,"
A soon as the contract fof road @
work Is let, the county treasurer shall d
ssue county certificates non.taxable and .
'earing siE per cent Interest, which Z
he county court may Al once put upon o.
be market. Thus the interest begins. nj
'efore a stroke of work is donel These e
'onds are transferable, and are a lien 81
Pon the land, payable At any time. z
ui drawu % run ten years, PAYABLE In l'
en annual insiallments. n any one o.
asiallment becomes delinquent the q
hole amount is thea due and may be q
This is similar % the high q
anded and often Fuinous method OF Ina, u
rowing city streets by taxing the ad. o.
''ning property. We believe the prin, p
pie is wrong which would build pub u
highways By special taxation upon g
''Vate property The foundation OF
.e right Of the county court TO con ID
Tuct road Is that the road Is for
iblie benefit The court has no right
build road for private benefit. II p
~ private benefit incidentally ensues
e assessor is the man 20 tax il up
MS valuation, upon which the owner
lst pay additional tax and 50 he pays Il
ID continues TO pay for the special m
neat received. b,
The power 10 tax in any other man, c,
= for special benefits, however, il hi
~ be in practice in other states. seems pl
ecifeally prohibited in this state. It
Oregon constitution (srtiele 4. sec. "
m 23, Against Special Legislation) n
declares "The legislature shall not s.
s. special or local laws in any Of the p
flowing enumerated eases-subdivi b,
N z, "FOr laying out. opening and pi
'Fking highways and for election or ID
p0intmeut Of road supervisors" sub, al
vision 10, "FoF the assessment and
lection Of taxes for state. county
wnship or road purposes"
Now this Tuttle act presents q clear .h
So Of special taxation for road pur, y,
ses Is not this a rock upon which o.
. whole act must founderf