Daily capital journal. (Salem, Oregon) 1903-1919, 1912-10-30


by the supreme court of Oregon In
number of very carefully and abl,
written opinions. These two sections
Of the charter Of Portland which fur
nlsh almost word for word readinl
of the two sections proposed for ou
charter were involved in the now cele
brated case Of Kadderly vs.. Portland
decided in the December term, 1903, II
which case there appeared some Of
the most eminent lawyers In the state
The opinion was written by Justice
Robert Bean, and, in addition to sus-
tanning the initiative and referendum
amendment to the constitution, passed
in 1902, the court sustained these re-
assessment provisions Of the Portland
city charter, in so far as they were
drawn in question In that case.
Court Sanctions Sections.
Aside from the constitutional ques-
ton involved the court expressly san
ctions the retroactive purpose and
intent of the sections and in the later
cases the sections have been further
thoroughly and carefully considered
and the power Of the legislature con-
firmed in its efforts to vest power
and authority in municipal councils to
cure defects and Irregularities in or
dinances levying assessments and
placing liens upon private property
for making public Improvements
which tend to enhance the value Of
private property which they are de-
signed to serve.
"The necessity of the proposed char
ter amendment Is evident, l believe, to
most thoughtful citizens, who have
noted in the last two or three years
the numerous cases which have been
filed against the city in an effort to
escape payment of assessments for
the improvements which have been so
extensively carried on.
"The city has been very fortunate
in its litigation and the work of the
council and city officers working un-
der their direction has been well per-
formed, otherwise the urgent need
for such amendment as Is now pro-
posed would have been felt long be-
fore this time. The measure is one
that appears in practically every we'll
considered municipal charter in the
United States, and in carrying out the
orders Of the council | have prepared
the amendment 50 that it would be
general in It's nature, and not spe-
applying to any one piece Of
Its retroactive effect
is good for ten years back, and 1t is
drawn along the path Of municipal
legislation that has been beaten
by the trend of many deci-
sions of our state and federal courts.
Bond Amendment Not Opposed.
Coming at this time it may be
that it is in direct opposition
to the bond amendment to the char
ter now pending, This is not true.
Both provisions are absolutely distinct
in character but the present amend
ment to section Is in the nature of
an insurance policy for the general
welfare of the city and the protection
Of its credit and good name in the
of its municipal con-
tracts and obligations.
"a large majority Of the common
council so regard this measure as
evidenced by the vote on its submis-
sion to the people and I sincerely
trust, as a disinterested city officer,
with the duty of obedience
to the law, that the purpose and in
tent Of the amendment will not be
misunderstood by the voters and that
the issue may not be clouded by con-
fusing this amendment as a measure
in opposition to anything that may
be expressed at the polls as the direct
will and decision of the people of the
city of Salem