Daily capital journal. (Salem, Oregon) 1903-1919, 1915-06-08
NEER NOT ENTITLED
TO REBATE Of SEWER
ASSESSMENT MONEY
Supreme Court Passes Upon
Important Salem Case
Many Claims Effected

Z While there is testimony that nothing
! was added to the purchase price on ac-
! count of the assessment there
Z was an agreement at the time Of the
! purchase thar if the assessment was ad-
judged legal plaintiff should pay it, so
! that the lien was considered and entered
the contract for purchase; and it would
seem highly improbable that Mrs.
Stith would have taken the property at
the price she paid with stipulation
mat she should pay the assessment if
1t should be adjudged legal, There would
be little justice or equity in compelling
her to pay it indirectly by increased
taxation on her property merely because
the city had changed the method of
. paying for the improvement"
Based upon the above conclusions Of
law and equity the supreme court, this
morning, in an opinion written by
justice Mcbride reversed the decree Of
Judge Percy R. Kelly Of the circuit
could for Marion county in which James
t. Neer was given Judgment for the
soy.nont ,,aiI W. %jio'ig' 10 'n' amount OF as
lon, so,,,o, Pulu Dy MI" Ior tue North oa-
Nfrs HI; a"iPfoVeIl'It ana retuhded TO
Woor l",,ae ,rono.4L = sun M"o purchased the
atter the South Salem sewer improve.
ment was declared illegal and the city
issued bonds to reimburse property own
| erS t0r the assessments paid on the
-'V,y" W., 7oielh ana all other sewers
nro,nrt,. D,S' tL 'i.i. ,''iim Pu'CnNSeu the Neer
PioPSiS ,,,, 'ne Nuiuity OF the North Sa- |
ninio fsH S'"ei W. a. Improvement was pending de.
tbmt l',4" y, ens court ana Mr. Neer agreed |
o,',,,,o4 "vDo,ui"S " inc records, IT the
p ,.''.',i Pdo,Ii'ent Snoulu De declared legal
,'o o "ounu Poy tne assessment and this
,oia on1 VI we CONSIDERATIONS OF the
WI WI "uI w. PulonuSe, the court declared.
,,omt ,T" ,n vno i Ioutn '9ai"m sewer improve
ms"' iasno1 |"S 9eclareu Illegal ana the city
moIo aond i'' )" ene sun OF SiHo,Ooo to
r'"nt, m,amv soo9 s!S reIuhd OF all the assess
,omts momts p"'u lor tnese ana other improve
,,rora,.'' 'rCr,o vuA was Ie'leu against the
tbo ttboPtSaS Dvneilleu - 10 Poy tne bonds and
cnurt t"in'vHu 1ncreon ana the appellate
t%Got % H. - 'g ioNerSlng the iflal court, holds
,yos Lnia PnUpoi " uhu "ol ihe individual
onJ ""I +eaa 4'nt teSponsloie ior the assessment
,'au "ao, .l"t 70 retund the amount Of the
"o1 'SI,il'ut SIn 10 olalhtitt' Neer and com
!, r. M,s' pt''h TO pay the assessment in {
,ynvId ~ YAK upon the property I
oom;t, V ~ o. miscarriage OF justice and G
70 tbo roP',5 go" t""S sue was justly entitled
Tbis uG Ja'i'i VI assessment
IN t,m4 - 'ok"IueS us very I'M
tberS aro " n,n,o,,', 'm"v =, ls understood that
.eSghleu Dy ABOUT 10 separate claims Of
iomondoI @ oIVul ,', =, tIt n institution of which
PinUo nGoU W. ~" r gnc outcome OF this one,
On fho grnnnJ -Iv tI'oo 4'Tula mipa VI Appeal
Ringo wos U"t N"tu so.,, ,"", District Attorney
n mn oction "gS for 'yr,gu Ji,o WIN u summons
~ VIi"e dino.a 5''5 cue was granted decree h
Smvtbo hv r,,3n, l,o"' denatius Martin II
nil co,rt CC"'Ev Uoilo"ay or the cir n
nircd NV sto.,ta ~" ""'lIn @ county, as re- b.
,rorndo ''"'u''' Whlch IS sufficient W
n m oni~i, ~; "PPpo' 'he supreme court a
m,od .I IIp'"lon ny Justice Eakin, over. m
onnsoi 'F for "Si,o" S, OF Martin Martin, II
okcn by nistn!@. ,S' '".ytne, TO an appeal W
he diy6roo o''l,,y, Ja,., N'totney hlngo from I'll
he nrocoo5i ug, "gg'gv ,, on the ground that pl
ol Gov NTrs SGSs Tr'G irregular Coun' Vi
novo 20 roram' AMY l''' however are gwen Sc
,ent NJ tho "o ,"' inotlon ON the argn m
ttorrcy "u omron' v"Sei Ssnce, II the district
wv, 1,Tr"ty appeared for the state at the W
how thot bo ,v I lI' record does not pr
,ok ony ovc"n,i "v ,in,' i"uuc any objections or pr
=, WY 'N''p''o"' TO the rulings there ne
Othor oo,o. ,..,
N,"V' '"SeS decided by tine supreme no