Daily capital journal. (Salem, Oregon) 1903-1919, 1914-05-02
LIBERTY" EANSWERED.
J. H. ALBERT TAKES ISSUE WITH
COMMUNICATION IN LAST
NIGHTS JOURNAL.

To the Editor:-Referring to
criticism in last nights Journal of my
views of the good roads measure sign
ed Liberty" / realize that the man
behind the blind has the advantage |
do not know who Liberty is, but
evidently he is not a lawyer-neither
a choolmaster-unless your printer S
shop is short on is and long ON S.
If he were lawyer he would know
that words are qualified by the con-
text. The word authorize with the
context as used in the section 20 of
the road law as quoted by him, is
mandatory, and the officer is required
to perform the act therein authorized
Just as the word may when used in
reference to an official act means
must.
Quoting from "Llberty";
"The fact is, under the law the
county treasurer may loan all, a por-
tion or none of the redemption fund
on first mortgage on real estate"
This is not correct. His plain duty
is to loan first on real estate, if there
are lawful applications for such loan
on file. When no such applications
are ON file to loan to banks for spe.
Gifted time at best rates obtainable,
not less than 3 per cent on the requir-
ed security.
Again:
"The Salem banker did not tell us
what disposition would be made of
the redemption fund while in process
of accumulation beginning with the
fourth year after the bonds are sold,
should the county treasurer decide not
to loan any or all of the money so
collected during the life of the
/ bonds.
Fortunately, the law is quite clear
on this matter, which l shall quote:
'The county treasurer of any county
within this state is hereby authorized
to deposit any funds coming into his
hands, for the purpose of redeeming
road bonds, issued under the provis-
ions of this act, in any bank, doing
business within the state. Section 3.
No treasurer shall deposit at any one
time in any one bank more than 20
per cent of the road bond redemption
fund money in his hands available for
such deposit, and it shall be his duty
to distribute the funds equitably, as
far as possible among solvent and
substantial applicants within the coun.
ty.R'
did not quote the law in my re.
view of the measure. "Liberty pre-.
tends to do so, but garbles it, as !
will show presently, but recurring to
the above quotation; First, if the
treasurer refused to perform his duty
our county court, through the district
attorney, would compel him to comply
with the law; if not, the people would
probably let him out at the end of the
second year of the II years of the life
of the bonds. rh1
II His first quotation above is the first
clause of section 20. The rest of the
section reads:
Provided, that at or before the
date of such deposit the bank receiv
ing the same shall furnish to such of
ficer as security for moneys so depos
tied, bonds of the United States Of
America, or of the State of Oregon
or of any county, municipality, OF
school district within said state, and
said county shall be responsible fol
the safekeeping and return thereof
Any of the bonds so deposited may be
exchanged or return to the deposition
thereof at any time upon delivery tc
the county treasurer of like sum OF
other bonds of the Ein1 authorized tt