Capital journal. (Salem, Or.) 1919-1980, 1920-12-14
Road Bonds Issued by
Counties Under Act of
1919 Declared Legal

The constitutional amendment
of 1919 authorizing county indebt-
edness for road purposes up to six
percent of the assessed value of the
county is operative without any ad-
ditional legislation. County road
bonds issued under the. provisions
of this amendment and in excess of
the four percent limitation provid-
ed under an act of 1912 are valid.
This is the gist of an opinion writ
ten by Justice Bean and handed
down by the supreme court this
morning. The action of the court
this morning Validates road bonds
Aggl egating millions of dollars is
sued by Union, Yamhill, Coos,
Crook, Lane, and Jackson counties.
The opinion of Justice Bean is
based on an original proceeding in
mandamus instituted by Ladd &
'Tilton, Portland bankers, in an eff
fort to collect S1337.50 interest
due on a block of road bonds is
sued by Union county under this
amendment on October IL, 1919.
In his opinion Justice Bean allows
preemptOry writ ordering John
Frawley, treasurer for Union coun-
ty, to pay the interest in question.
Today's opinion, in which Chief
| Justice Mcbride and Justices
Johns Harris and Mcbride, con-
cur, reverses the position of the
supreme court in the case of w. p.
Hawley VS.. Clackamas county in
which it was held that additional
legislation was necessary to make
the amendment of 1919 operative
and that bonds issued in excess of
the four percent limitation author
lied under nact of 1918 were il
legal. Justice Bean who writes to-
days opinion. holding the road
bonds issued under the six percent
limit valid stood on the opposite
side of the question in the previous
| opinion and Justice Brown, who
has succeeded Justice Bennett
tsince the Clackamas county case
was decided throws the weight of
his opinion to the side of Justice
Bean, five members upholding the
validity of the constitutional
amendment and two-Justice Bur
nett and Benson dissenting.
Other opinions handed down to-
day follow:
Amos Aramburn, administrator
of estate of Frank Aramburn VS.
Ignacio Guerricagoitia and Loren
GOicCchas, appellants; appeal from
Malheur county; action to fore
close chattel mortgage; Opinion by
Justice Bean Judge Dalton Biggs,
affirmed as modified.
State of Oregon VS.. william
Stevenson, appellant; appeal from
Malheur county; adultery: Opin-
ion by Justice Brown. Judge Dali
ton Biggs reversed.
Grace Johnson, ct al, VS.. n. NJ.
Apple; appeal from Multnomah
county; action to recover money
for services; Opinion by Justice
Johns. Judge G. L. Gantenbein re-
versed.
State of Oregon VS.. Lark n.
Evans, petition for rehearing de-
MED in opinion by Justice Harris.
Joe Obermeier VS.. Esther Matti-
son. Mortgage COMPANY Holland
America and John Van Zante, ap-
pellants; petition for rehearing
nenied in Opinion by Justice Bur-
nett.
! c. T. Stone vs.. First National
Bank Of TiIlamook. Bank Of Cali
! fornia. National association and ].
r. Burtchael e tai appellant; mo-
tion to dismiss overruled in opinion
,by Chief Justice Mcbride.
Cecil c. Carter. appellant. VS..
/ Simpson Estate company: molten
Ito dismiss overruled in opinion by
Chief Justice Mcbride.
A. NJ. Logan and Fisher c. Log
ran VS.. r. 3. Cross, appellant, petit
tion for rehearing. former opinion
modified in opinion by Chief JUS
tice Mcbride.
Edith N. RahH. appellant. vs.
! Charles Grey; motion TO dismiss
allowed in opinion by Chief Justice
l Mcbride.