Capital journal. (Salem, Or.) 1919-1980, 1920-04-03

|, l1) DtSburSing, eXpending, appor-
tioning or applying any Of the funds
of Marion county, Oregon. toward
carrying out the directions contained
in chapter 156 of the general laws Of
Oregon for the year 1919. or the laws
amended thereby, insofar as such dis
'bursement, expenditure, apportior-
ment and application is or may be IN
excess of the amount of taxes levied
for the year 1918, as shown by the
1918 tax roll, for common school pur
poses plus six per cent thereof, or
(2) Disbursing, expending, appor-
tioning OF applying any Of the funds
or Marion county, Oregon, toward
carrying out the directions contained
In chapter 271 of the general laws Of
Oregon for the year 1919 and thu
laws thereby amended, insofar as
such disbursement, expenditure, ap,
portionment and application is AMI
may be in excess of the amount of
taxes levied for the year 1918. as
shown by the 1918 tax roll, for high
school tuition purposes plus six per
cent thereof, or
(3) Disbursing, expending, appor-
ltioning or applying any OF the funds
of Marion county, Oregon, toward
carrying out the directions contained
in chapter 272 of the general laws of
Oregon for 1919 or the directions con.
tanned in chapter 156 Of the general
laws of Oregon for 1919 insofar rs
such disbursement, expenditures, APP
portionment and application is and
may be in excess of the amount Of
taxes levied for the year 1918 in Ma
rion county, Oregon, for general
county purposes, plus six per cent,
thereof.
| BY this decree, the court and coun-
ty officers are restrained from the
further collection or disbursement OF
special tax items amounting to $4s,-
623.2S embodied hs an additional en-
try In the 1919 tax roll.
This sum is represented by the fol
lowing items: for common school
items in excess of the six percent
limitation, $25,470.0s: high school
tuition fund, s12,SO1.20; for an ar.
mory at Silverton $4,000. These items
were authorized by recent Legislative
acts and when added to the 1919 tax
roll represent an increase of 80 per
cent over the levy for the preceding
year. over and above the percent
limitation provision approved by the
people in 1916.
District Attorney Max Gehlhar and
others who are informed on the sic.
uation state that the order will have
O. widespread effect in establishing
emphatically the fact that the legls
lature has no authority to force the
county to violate the. six percent limi-
tation. BY the decree of Judges Bing-
ham and Kelly, the four acts by
which the legislature ordered the ex-
cess are non-effective in Marion coun
ty.
BY this older, the circuit court has
confirmed the county court in the
latter's stand in this matter. In pre-.
pairing the levy the county commie-
sioners and court had published the
proposed budget and had invited at
task on the excess terms as they stood
There was no tendency shown by any
of the taxpayers to fight the matter,
although the county officers were
anxious to have the question settled
before the tax rolls were prepare
and collections undertaken.
Sheriff W. l. Needham stated Satur-
day that several hundred unopened
letters containing tax remittances will
soon be In the hands of the crowded
receipt division and a refund made Of
the excess amounts will pe made.
! While the matter has not yet been
definitely arranged, the county court
and district attorney are making plans
whereby those taxpayers who have
already made payments can be relm-
bursd.
While the outcome OF the suit I"
no surprise to the various county Of
ficers, many Of them point out tina
extra expenditures involved and time
devoted to the matter will run INF }
the hundreds Of dollars, which could
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