Pueblo chieftain., 1921-11-01

it seems, must still be used; where it
provides specifically for a weekly
newspaper, then weekly newspaper
will still be used, But where it mere
ly says "a newspaper, the 1921 law
makes it clear that any one of three
newspapers, namely, daily, d semi
weekly or weekly, may be used for
publishing a legal notice which of
course includes the delinquent tax list
Before the enactment of the 1921
law. different statutory provisions, if
not In conflict, were In doubt and diff
ficult to construe. For instance
where notice was required to be pub
lshed four weeks, did it mean four
times or five times? Section of the
1921 law clarifies this by providing:
And in order to comply with the
varying statutory provisions of this
State relative to the periods of time
during which legal notices and ad
vertisements shall be published, the
requirements are as follows,
Subdivision "j'' of this section read
ing,
a. Whenever any such legal
notice or advertisement is required
to be published four weeks or once
each week for four consecutive
weeks, then twenty-eight consecu
tive insertions and publications
thereof in the regular edition OF a
daily newspaper, or nine consecu-
tive insertions and publications
thereof in the regular edition of a
semi-weekly newspaper, or five con-
secutive insertions and publications
thereof In the regular edition of a
weekly newspaper, shall be deemed
and held to be sufficient
From this section. 1t appears clear
ly that the county treasurer who was
required. under Mills Ann. Stat. 1912,
section 6420 R. S. 'os, SOD, to publish
the delinquent tax list, which is e-
gal notice, in four consecutive weekly
issues is required under the law of
1921. to insert five consecutive inser-
tions in a regular edition of a weekly
newspaper, or nine consecutive inser-
tions in the regular edition of semi
weekly newspaper, or twenty-eight
consecutive insertions in the regular
edition of a daily newspaper, depend
ing, of course, upon the kind of a pap
er in which notice is published. That
this is the correct Interpretation, is
supported by the fact that subdivision
81 OF section of the 1921 law is In
conflict with section 6420 Mills Ann.
Stat. 1912 Or. S. 'os. sec. Sod And
section 10 of the 1921 law recites:
"All acts and parts of acts in con-
flict with any of the provisions of this
act are hereby repealed"
The last paragraph of the published
opinion deserves particular attention.
Should notice be published as sug
Is of the opinion that it would be
Illegal and absolutely void The desig-
nation by the county treasurer of
certain issue of daily newspaper
does not make that issue. the issue of
a weekly newspaper. Section of the
1921 law defines a daily newspaper,
semi-weekly newspaper and a weekly
newspaper. There Is only one way un-
der the 1921 law in which notice can
legally be published in a daily news
paper, which publishes no weekly edi-
ton, and that is by twenty eight con-
secutive insertions.
In next to the last paragraph the
opinion of Messrs. Reed and Steele
speaks of the custom of the county
commissioners, and they conclude with
the statement, III that was the rule or
custom prior to the passage of the new
law. then 1t is still the custom" The
author of the opinion must have in
advertantly overlooked the common
and recognized rulc of law that custom
is not only subservient to. but always
gives way to the enactment of a speci-
fic statute covering the alleged Gus
tom or rule. The custom or rule
spoken of In the opinion is specifically
abrogated by the new law, the old law
repealed. and section s of the 1921 law
goes so far as TO provide that
Amy and every legal notice or ad-
vertlsement published In a newspaper
in violation of any of the provisions
of this act shall be absolutely void"
The writer agrees with the thought
expressed in the last paragraph OF the
editorial, namely. that the 1921 law
makes the publication law more clear,
but he cannot agree with Messrs. Reed
and Steele when they say the 1921 law
was not intended to change existing
laws. Neither can the writer agree
with the conclusion reached in the last
paragraph of the opinion. for an an
alysis of the law convinces him that
should county treasutcrs follow the
opinion. as published in the Chieftain,
their notices would ~ Illegal and alb
solutely void.
Yours very truly,
J. ARTHUR PHELPS,