Capital journal. (Salem, Or.) 1919-1980, 1920-03-25
Suit Started
toHaItLevy
More Taxes

DtCIdi HiS sAAas t&tV SUuHty
court, the county commission
ers and various county officers
are in error in levying of GER
tain taxes for the 1919 tax roll
suit was filed Wednesday by q
representative taxpayer of Mar
ion county, who seeks an injunc-
ton to prevent the levying of
taxes in excess of the 6 per cent
Imitation.
Ed A. Jory in the complaint
as filed through the law offices
Of Smith & Shields, names Mar
ion County, a municipal corpor-
alton, W. |. Needham, sheriff:
W. NJ. Smith, county school su-
perintendent; D. G. .Drager as
county treasurer. w. M. Bushey
as county judge; J. T. Hunt and
W. H. Goulet, county commits
sloners, as defendants in the ac-I
ton.
Because the county court authoriq.
ed an extra levy of S48,623.28. which
sum was in excess of the six percent
limitation fixed by chapter 235, Ger
eral Laws of Oregon, 1915; Mr.. Jorv
claims that this portion Of the as |
sessment is illegal and asks that tbe |
excess assessment be nullified and
that the sheriff of the county be. rA-
strained from collecting this excess.
The plaintiff further asks that the
Marion county circuit court, under
whose Jurisdiction the case fails, nal
ordered to receipt plaintiff in fmtI
upon payment OF regular state andl
county taxes not in excess of the six
percent limitation, and that the do.
PENDANTS be enjoined and restrained
from apportioning funds or CARRYING
out projects which necessitates leyies
IN excess of the limitation referred
to.
Suit Tests Acts
legal authorities ana the county
court regard the suit as an attack up-
on certain legislative acts upon which
tne increased assessments were bas-
eu' lhese acts as specifically indicat.
ed are chapter 271. 1919; chapter
~ also approved by the 1918 legts-
latuse chapter S4, Oregon laws oe
lsie and chapter ga, approved In 4
wy and chapter 1856, approved In
lsls, These sections of Oregon law
tre all amendments and sub amend
hehts to chapter 235, of the General
Laws OF Oregon, 1916, and to sec
ion 4O42 of Lords Oregon Laws. /
Wheh tnal summary for the 191g]
,uaset was made, the county court
oanu itself between two fires as i'm
posed by these legislative acts, and
y order to avoid interference with
necessary road programs, school
and the functioning of couni
Y government, the extra sum was
in an extra and special
e'y according to the court. The bud
~ ana order as made was then pub .
sneu and after 20 days was ap- !,
roVeq by the county court, no pro- .
est OF the proposed assessment b.. :
y made within the time provided :
y law.
me extra sum includes the follow =
y items; $25,470.0S for common :
'nooi purposes, in excess of the lin, I,
a.ioh' $l2,SOl.20 for a high school
l'loh iund for use in those districts :.
y having high schools; $4,000 for =
y armory at Silverton. In addition
I, nus sum sundry small transfers of =
I, moor funds from one district to an ~
iher We're made and the sums Of sal r'
~ szS2 We're voted to- districts les
~ IA respectively for the purpose Y
@iulhs these districts in expense .
% maintenance. W
inese items and the extra sums IN fol
'feo are authorized by the amend
9a'S enacted by the Legislative acts n
ene lsll, 1915, 1917 and 1919 ses-
'"s' the amendments to section
- winch provides for 25 per
,''uih increase over and above the
'ouht levied for common school W
! iposes' and over the tax levied for st
piecedlng year, plus percent. W
Y auultIonal sum for high school pi
: poseS IS authorized by chapter 235 81
a.nenoed :. by chapter 271. according M
.ne construction placed upon these ar
',siatiye ,un acts by those fatherlng