Clark v. Hood River County

• Decision Date: 08 September 1914
• Citation: 73 Or. 336,143 P. 897
• Parties: CLARK v. HOOD RIVER COUNTY ET AL.
• Court: Oregon Supreme Court

143 P. 897

73 Or. 336

CLARK v. HOOD RIVER COUNTY ET AL.

Supreme Court of Oregon

September 8, 1914

In Banc.

Appeal from Circuit Court, Hood River County; W. L. Bradshaw, Judge.

Suit by W. L. Clark against Hood River County and others. From a decree for defendants, plaintiff appeals. Affirmed.

This is a suit brought to enjoin the county court of Hood River county, Ore., from issuing and delivering $75,000 permanent road bonds to S. Benson, the purchaser thereof, which bonds are attempted to be issued in pursuance of a special election held in said county on the 15th day of July, 1914. The proceedings are admitted to be regular, excepting the petition for the election and the notice of the election which, it is claimed, are irregular, and render the proposed bond issue void. It is contended by the appellant: (1) That the petition for the election is defective, in that it does not comply with section 3, c. 103, Laws of 1913, in stating the length of time the bonds shall run; that the language therein, in this particular, is ambiguous, and is as follows:

"To run for a period of 20 years and bear interest at the rate of 5 per cent. per annum. To be redeemed one-tenth annually beginning at the end of the tenth year."

It will be noted: That 10 annual payments beginning at the end of the tenth year would all mature within 19 years, and hence the language is inconsistent and repugnant to the first statement that they are to "run for a period of 20 years." (2) That the western terminus of the proposed road to be improved is indefinite, as no road has been built or officially adopted by the county known as "Columbia River Highway," and the same can only be located by a resort to the maps submitted to the board of county commissioners by the State Highway Commission, or an inspection of the records of the said State Highway Commission. (3) That the notice of election is defective in attempting to describe the maturity of the bonds therein, the language being ambiguous, contradictory, repugnant, and uncertain, and is as follows: "To mature in twenty years, one-tenth to be redeemed annually at the end of the tenth year." That said defects are so vital that no power is conferred upon the board of county commissioners, by the election which followed, to incur any indebtedness exceeding $5,000 for permanent road construction; hence the bond issue herein sought to be enjoined is ultra vires and void. The petition for the election is as follows:

"To the Honorable County Court, Hood River County, State of Oregon: We the undersigned registered voters of Hood River county, Oregon, respectfully petition that you call a special election for the purpose of submitting to the voters of this county the question of issuing bonds to provide for the construction of a permanent road in this county, to the amount of $75,000, to run for a period of twenty years, and bearing interest at the rate of five per cent. per annum; to be redeemed one-tenth annually beginning at the end of the tenth year. The money raised from the aforesaid bond issue is to be expended in the opening, construction, and improving the Columbia River Highway, between the westerly boundary of Hood River county and the town of Viento so as to connect existing roads to afford continuous wagon travel through Hood River county."

The notice of special election is in the following words:

"Notice of special election. For issuing road bonds for Hood River county. Notice is hereby given, that on the 15th day of July, 1914, at the polling place in the precinct of ______ a special election will be held in Hood River county Oregon, to determine whether the county court shall issue bonds of said county to provide for permanent road construction to the amount of $75,000, to mature in twenty years, one-tenth to to be redeemed annually at the end of the tenth year, no more than $75,000 to be issued in any one year, and to bear interest at the rate of...