The Hood River glacier. (Hood River, Or.) 1889-1933, 1911-02-23
MAYOR REFUSES
A DIVISION
SEVERELY SCORED BY COUNCILMAN
State Street Owners Begin Injunction
Proceedings 49, Councilman Arnold
Returns From the East.

The regular Monday night meeting
of the city council, though the briefest,
proved to be the most interesting meet
ing of the year. As soon as the min
utes sof the former session had been
read Councilman Brosius moved that
that portion of the minutes referring
to the Derby ordinance and the may
or's veto of it be stricken from the
record. Mayor Hartwig, however,
ruled the motion out of order. AS
reasons for his action he stated that
the minutes might be amended but
that nothing could be stricken from
the record. Councilman Brosus there
upon appealed from the decision of the
chain, but Mayor Hartwig refused to
called for a division of the council on
the matter. Then in accordance with
the above ruling Councilman Brosius
moved that the minutes be amended
by striking from the record all Of the
minutes pertaining to the mayors veto
of the Derby ordinance and again the
mayor overruled the motion. The city
charter, section IT, stated the mayor,
prescribes the method of procedure for
veto. There was nothing, he said, to
prevent the introduction of a new ordi-
nance along the same lines, since the
| first was lost by its failure to pass
over the veto.
A special session of the council con-
vened Tuesday afternoon at o'clock
to consider an interlocutory order, in
favor of M. II. Sharp, Horace Dietz
and F. K. Parker, temporarily enJoln-
ing the city from passing an ordinance
or in any other manner proceeding
with the levy of a supplemental assess
ment against the plaintiffs property,
which lies on the south side of State
Street between Sixth and East Second
Streets. The injunction was served on
Mayor Hartwig and Recorder Langille
at late hour Monday night. The
papers were referred to the judiciary
committee with instructions to proceed
with the matter according to law.
The merits of the case will be heard
by Judge Bradshaw Saturday at The
Dales.
The plaintiffs give as reasons for
their actions that the street, before
the city council took any action toward
the improvement of it, was in good
condition and of sufficient width for
the passage of two vehicles. The land
on the north side of the street, they
claim, is level and suitable for bust
ness houses while that on the south
side of the street is a steep hillside
and only fit for residence lots; that
| abutting property owners on the north
side of State Street west Of Second
Street, where the grading was light,
petitioned not only for the improve
ment of that portion of State Street,
lying west of Second but also that part
extending to the east of Second and
that thereupon the property owners to
the east of Second Street submitted a
remonstrance to the council.
| Under these circumstances the
plaintiffs claim that if their lots be
made to bear the expense of this sup
Elemental assessment it will be depriv-
ing them of their property without due
process of law. They state that it is
unconstitutional to make such special
assessments except where the property
is benefited by the improvement. In
deed, United States Supreme Court
citations as we'll as those from the
Supreme Court Of this state, will up
| HUlu IlllS dSSGTllOIl' IlOWGNtIy bIC
council is of the opinion that when the
case is rested on Its facts it will be
difficult for the plaintiffs to prove, as
they have alleged, that they were not
benefited.
Realizing that they were in a hope
less tangle for the evening the council
adjourned to attend the Hubbard
lecture. However, before the body left
the city hall Councilman Wright briefly
and courteously paid his respects to
Mayor Hartwig, telling him that he
had shielded himself behind small par
liamentary devices to take advantage
of the majority desire of the council
during the absence of one of their
members.
Councilman Arnold, who was called
away to the east three weeks ago on
account of the illness Of his father, has
returned and was present at the special
meeting.