Rogue River courier. (Grants Pass, Or.) 1886-1927, 1913-09-05

tice Eakin, held that the defendant
could not issue bonds with which to
build a steam railroad ouside the
city. Last December the city voted
TO issue 100000 bonds for building
a railroad to connect with another
having its terminus in Crescent City,
Cal. Mr.. Riggs, a property owner,
filed suit to enjoin the issuing of the
bonds, and the city was sustained by
the Circuit Court. In reversing the
opinion the supreme court holds that
under the old law municipality
cannot issue bonds with which to do
work outside of its limits. 1t is
held that before doing such work
municipality would have to obtain
permission through the passage of
bills by the legislature
A bill was passed at the last ses-
sion Of the legislature which gives
municipalities the right to issue
bonds for work outside of the cities,
and Justice Eakin said tonight that
Grants Pass, If the people so willed
under the new law, could amend its
charter so as to make the 5000, 900
bond issue legal. The bond cleo
tion in December was held under
the old law.
The opinion calls attention to two
similar cases, the most important be-
ing the Tilamook port suit, which
was decided against the city,
The charter of Grants Pass pro-
vides that $4,000 should be the
maximum bond issue, and the court
held that the residents could now
amend the charter so as to provide
for the proposed 100000 issue.
The opinion in part follows:
This is a suit to restrain the City
of Grants Pass from issuing and sell
ing bonds OF the city and from ex-
pending any money or incurring
debts to purchase right of way or
building, owning or operating rail
road either within or without the
city. An amendment to the city
charter, known as section SO A, pro-
vides the common council shall have
authority and power and is hereby
granted authority and power to in
cur Indebtedness and pledge the
credit Of the city for the sum OF
100000 in addition to other In
debtedness of the city now outstand-
ing for general municipal purposes
in building bridges, roads or electric
or steam roads or tramways within
or without the City of Grants Pass
in Josephine County, Oregon; to buy
and hold real estate for municipal
purposes.
An ordinance passed by the city
provided for the issuing of these
bonds The questions considered by
the court are:
The power of the city to amend it'
charter authorizing the council to
bond the city to the amount of $500
900 for the purpose Of building a
railroad to a neighboring city fol
profit and whether the act of the leg
islature of February 81, 1913, au
thoiizing incorporated cities to build
own and operate railroads, operated
to give validity to said charter
amendment. The court holds:
A municipality cannot amend iti
charter to confer itself power or au
thority beyond what is properly
! municipal or governmental The
power of the legislature is unlimited
when not restricted by the constitu
tion, but such power does not extend
to city except as granted by the
state Section 2, or section 1 A
article 4, of the constitution does moi
confer such power The rights there
given are municipal. The effect oil
adding section 93 A to the charter
was an attempt to ignore the state
authority and to assume sovereign
rights. Furthermore. such an amend
ment was only an attempt to en-
large the powers of city In addi
tion to those conferred in section 81
and not an attempt to legislate.
We cannot recognize the attempt
ed charter amendment as It was be-
yond the power OF the city to as
sumo to itself sovereign power that
rests exclusively in the state De
PENDANTS insist that the legislative
act Of 1913 gives validity TO IN,
charter amendment Of December
1912. but Il can have no retrospec
tive effect It does not operate al
an amendment Of the city charter
| but charters may be amended to TAKE