East Oregonian : E.O. (Pendleton, OR) 1888-current, 1908-06-30

A suit by property owners of PEN
dleton against Umatilla county to re-
cover $4,000 collected as a road tax
during the past six years
Refusal of city property owners to
pany any road taxes to the county in
the future because of provision Of the
city charter they are exempted from
such tax.
The above IS what is likely to occur
as the result of a discovery made a
few weeks ago. The discovery was
that under the provisions Of section
8, article 13 Of the city charter, prop
erty within the city Of Pendleton is
exempt from any assessment for road
purposes. Consequently the road tax
that has been collected annually in
the past was levied illegally and may
now be recovered.
Last year Umatilla county raised
s74,0O for road purposes and of that
amount $4,000 came from PendletoD
property while all of the money was
expended outside of the city,,
The road levy last year, under the
full valuation, was 1880 mills, or in
other words amounted to nearly one
third of the total tax by the county.
In the past the assessment for road
purposes has not been so heavy but It
is estimated that about $4,000 per year
has been raised in Pendleton. The
amount so collected for six years back,
prominent lawyers declare, can be re-
covered and steps are already being
taken by the city towards doing So
1t is now planned to have the city
government take charge of the suit
and to have all property owners pool
their accounts for the purpose. Pre-
sumably the city will get a share OF
the money for its services provided.
the suit is successful.
But aside from the above the city
this: As a result of closing the sa-
looms it is inevitable that the city
property tax will have to be greatly
increased in order TO raise money with
which to pay municipal expenses. Al
total of $4,000 annually, heretofore.
raised from saloon licenses, will have
to be raised by taxation. Last year
the city paid half that amount in
county road tax. Now If the city gov
ernment by its proposed suit can pre-
vent the county from collecting fur
ther road taxes the city property own
are will ha hnnnfifnd n
and the increased city tax will not be
severely felt.
Prominent attorneys have already
looked up the merits of the case and
they declare that the city can win the .
suit against the county and recover
the money that has been paid during
the past six years. Up to this time no
actual steps have been taken in the
matter but members of the city gov
ernment declare that it is certain the
suit will be started.
Aside from the legal side of the
question it is declared that the city
property owners are justly entitled TO
win its suit on the ground that local
property is taxed for street improve
ments and that county property should
pay for road work,
The road tax levied by the county
has been imposed under the provis-
lon of a state law allowing courts to
dc so. But it has been found that
the city charter, now in force, was
passed by the legislature subsequent
to the law. Consequently it super
cedes the same and because of the
charter exemption provision the state
law is null. At least this is the con-
tention of those who look upon the
case from local standpoint What
the actual merits Of the case may be
remains to be seen.