Ashland tidings. [volume] (Ashland, Or.) 1876-1919, 1917-01-01

and feel quite confident that the city
has valid right to a considerable
part II not all of the flow of this
spring, but in order to have the citys
rights finally determined, If it can
not be adjusted by an agreement be-
tween tn parties 1t will be necessary
to file a protest with the State Water
Board, setting up the city's rights,
and asking that Mr.. Homes permit
be Cancelled.
This matter would necessarily have
to come up before the Board at
Salem, aud if either party we're dis
satisfied with the findings of the
Board the matter could be appealed
to the Circuit Court and from there
to the Supreme Court. You will un-
derstand from this, that after the
matter gets into-the courts, 1t means
a long, expensive litigation, the re-
suit of which no one can definitely
foresee. For this reason | have been
loath to file protest with the Water
Board so long as there was any hope
of adjusting the respective rights
without litigation
Now, in the matter of resisting the
collection of road taxes against the
citizens of Ashland by Jackson coun-
ty and the reimbursement to the city
by the county to the extent OF all
such passed collections, ! have to
state that some two years ago Mr.
Reames end l successfully resisted
the collection of such taxes i'll the
Circuit Court of this county, and also
in the Supreme Court of the state,
in the suit of o. H. Johnson VS.. jack
son county, which was on account OF
a road tax. levied and designated as
such by the county court, and which,
under numerous decisions of the Su-
preme Court of the state, could not
be done against the property OF clti-
Zens of municipalities who have char
ters similar to the city Of Ashland.
The result of this suit saved to the
citizens Of Ashland the approximate
sum of S6.0O0.00 or $S,000.OO, which
was refunded by the county. For the
past two years the County Court OF
Jackson county has been leyying gen
eral taxes against all of the property
of the county, including that IN the
city of ashland. and Immediately az
ter such levy would make an order
directing that a certain part of such
general levy should be used for road
purposes, thus endeayorlng, by indi-
rection. to force the people of the city
of Ashland to pay road tax, which
the court could not directly do.
Recently a similar case went to the
Supreme Court from Lane county, III
which the court held that such levy
was valid under the order made by
the Lane County Court ] am not
fully advised as to whether or not tha'
order is the same as the order made
by the Jackson County Court for the
past two years in connection with
road tax ,evies, nor am in position
TO advise as to the legal effect oi
these County Court orders without Sc
curing a copy of the Lane county or
der and comparing it with the Jack
son county order and otherwise
knowing all of the issues which were
raised in that case. The only sa1e
way to get these details would be tt
20 to Eugene and examine the records
and procure copies of the pleadings
the briefs Of attorneys, and other or
ders. This would entail quite a little
expense, and | have been slow Il
mention the matter to the council
feeling that it would be reluctant II
advance money for such purpose.
The Springs Water Commission
during the early part of 1915, nego
tiated the purchase of land owned b!
ID. NJ. Wagner and commonly know
as the old bottling works, which arr
located in the central part Of Lithi;
park. | am informed by the member
of the commission that it was th'
agreement that, for the stipulated
price, Mr.. Wagner was to convey Il
the city all of his holdings in tn
park: that in drawing the deed ther
was a small triangular tract of lant
|, which was omitted, and that after re
: ceiving his money, which was befor
| the omission was discovered, MI
Wagner declined to make convey
ance of this additional tract. TIL
} matter was referred to me by tn
: commission, and | Immediately at
tempted to adjust 1t with Mr.. Wag
, ner, but so far he has refused to max
| any conveyance, and the dispute
) matter is still in issue. This tract
! entirely surrounded by other par
} lands belonging to the city, and
| would seem that the city should b
= all means secure the title to the lano
r If the contention of the Springs Wa
' ter Commission is true, q suit to re
form the deed, or suit for specifl
performance, would be the prope
remedy. and while it would probabl
cost the city $4,000 to bring such
suit, | should advise doing so, rathe
than run the risk of a holdup in year
to come.