Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, 1915-11-23
COURT TO HANDLE FUND.
USE FALLS CITY'S MONEY d.
RECTED BY COUNTY BODY.
City Attorney Tooze Submits Opin-
ion to Councilmen of That Place
By Request.

At the last regular meeting OF the
city council of Falls City the question
arose as to whether or not Falls City
constituted separate and entire road
district in itself, and would therefore
be entitled to receive 70 per cent OF
the funds raised within the city on
the levy made by the county court fol
road purposes, for expenditure within
the city. This question came up in
connection with the preparation OF
the tax budget for 1916, and City At
torney Tooze was called upon to give
an opinion in the premises. Former
ly, the city constituted a separate and
entire road district in itself. This by
virtue of an exercise of the initiative
powers within the city. However,
this amendment to the charter was re-
pealed year ago, and the city thrown
back under control OF the county court
in so far as road district matters are
concerned.
Chapter 127, section l, page 1873,
general laws of Oregon for 1915,
amended Section 6313 Lords Oregon
laws, providing that in October the
county court should divide the coun-
ty into road districts, and also pro-
viding that each city and town should
be a separate road district in itself.
Section 2 of said Chapter 127, amend
ed section $500 Lords Oregon laws,
and instead of so per cent of the
amount raised for road purposes in
district going back to that district,
the other so per cent going to the gen.
eral road fund of the county, it was
provided that 70 per cent of the
amount raised in a district should go
back to the district for expenditure
within the district, the other 30 per
cent going to the general road fund
of the county.
Later, and at the same session of
the legislature, chapter 1914, page 255,
general laws of Oregon for 1915, was
passed. By this latter act, section
6313 Lords Oregon laws was also
amended in it's entirety, and in this
latter amendment, the provision was
made that the division of the county
into road districts should be made. by
the county court in September, rather
than in October, and it failed to say
anything about cities and towns be-
coming separate road districts I'M
themselves.
The Supreme court of the state of
Oregon, on October 10, 1915, render
ed a decision in the case of state ex
rel Brady v. Lightner, ct al, board OF
commissioners of Multnomah county,
in which it held that the latter law,
to-wit, chapter 1914 general laws ofI
Oregon for 1915, repealed chapter 127I
above mentioned, and for that reason
the county. court was under no olga
tion to create a separate district out
of cities and towns, and the effort
made in that case to compel the coun-
ty court of Multnomah county by
mandamus to create a separate and
entire road district out of the city OF
Portland failed.
Consequently, in view of this decis-
ion, Falls City is not separate dis
trict in itself, except as it has been
made such by the county court. The
county court at its regular term IN
September land also in October) en-
tered an order dividing the county
into road districts, and creating the
cities of Independence and Falls City
into separate road districts In them
selves. This division stands for the
ensuing year, but there is nothing to
prevent the county changing the
boundaries of the districts again next
year, and again placing Falls City IN
a district comprising territory outside
its city limits. The cities of Dallas
and Monmouth are separate districts
by reason of amendments to the char
ter similar to that in force in Falls
City prior to its repeal one year ago.
Therefore, in view of the laws above
quoted. and the said decision of the
Supreme court, and the action taken
by the county court, the Falls City
road district, which comprises only
that territory embraced within the
corporate limits of the city, will be
entitled to 20 per cent of the road
funds raised in that district, but this
20 pc rcent will not be turned over to
the city for expenditure as it deems
best, but on the contrary will be dis
bursed through the county court, and
the road work accomplished will be
such as is directed by the county
court, and will be done through offic-
ials designated by the county court.
The city council of Falls City will
have nothing to say about the applica-
ton of these funds. In Dallas and
Monmouth, their share of these road
funds will be turned into the city
treasury and disbursed in the manner
as other funds of said city are dis
bursed. /