Harney Valley Irr. Dist. v. Bolton
| Decision Date | 27 December 1923 |
| Parties | HARNEY VALLEY IRR. DIST. v. BOLTON. |
| Court | Oregon Supreme Court |
In Banc.
Appeal from Circuit Court, Harney County; Dalton Biggs, Judge.
In the matter of the regularity and legality of the proceedings for and authorizing the issue and sale of the bonds of the Harney Valley Irrigation District. Proceeding by the Harney Valley Irrigation District against S. N. Bolton. Judgment for plaintiff, and defendant appeals. Affirmed.
This is a special proceeding under the Irrigation "Confirmation Act," involving the legality of the issue and sale of bonds of the Harney Valley Irrigation District in the amount of $2,200,000.
On August 14, 1922, the board of directors of the Harney Valley Irrigation District commenced proceedings in the circuit court of the state of Oregon for Harney county, to determine the legality of the proceedings providing for and authorizing the issue and sale of the bonds of the district. After the institution of this proceeding in the circuit court, the plaintiff filed the following written motion (omitting title):
"Comes now * * * the petitioner in the above-entitled special proceeding, by Charles W. Ellis, its attorney, and shows to the court that the said petition was filed with the clerk of the above-entitled court on the 14th day of August 1922; that in accordance with law a notice should be directed issued for publication, notifying the said district, and all freeholders, legal voters and assessment payers therein, of the pendency of the said petition and proceeding, and to the end of obtaining service of such notice as by law provided the court should designate a newspaper of general circulation published in Harney county, Or., as the newspaper in which such publication shall be had, and, further, also designate and set a time or period for such publication of at least once a week, for three successive weeks; that petitioner suggests that publication be ordered in 'Times-Herald,' a weekly newspaper of general circulation printed and published in Burns, Harney county, Or., and for a period of three successive weeks, and that the first publication be had therein in the issue of August 19, 1922; petitioner further asks that the court in its order hereon designate substantially the form of the notice to be published, as well as the time and place of hearing on said petition etc."
On August 15, 1922, Honorable Dalton Biggs, circuit judge, made an order that was duly filed and entered in the circuit court for Harney county, Or., on the 17th day of August, 1922 ordering the publication of notice to the Harney Valley Irrigation District, and to all freeholders, assessment payers, and legal voters therein, of the pendency of the petition and proceedings herein, in a weekly newspaper of general circulation printed and published in Burns, Harney county, Or., known as "Times-Herald," which newspaper was selected as the one most likely to give notice of the proceedings to all persons and parties interested therein. The court ordered that the notice be published in such newspaper for a period of three successive weeks, in four issues, and that the first publication of the notice be had in the issue of August 19, 1922. The date of hearing was fixed in the order for the 26th day of September, 1922, at 1:30 p. m., and the circuit court room of the county courthouse in Burns, Harney county, Or., as the place for the hearing of the proceedings. There was attached to the order as a part thereof, the form of notice to be published, which form was entitled, "In the Circuit Court for Harney County, Oregon," and was directed to the Harney Valley Irrigation District of and in Harney county, Or., and to all freeholders, legal voters, and assessment payers within that district. It notified them of the confirmatory proceedings pending in the circuit court in the matter of the issue and sale of the bonds of the Harney Valley Irrigation District in an amount not to exceed $2,200,000 as authorized by the election held in the district on the 18th day of October 1921. The notice advised them of the petition herein praying that the proceedings for the authorization of the issue and the sale of the bonds might be examined, approved, and confirmed; that the proceedings had been instituted by the filing of the petition in that court on August 14, 1922, and that the court had fixed the time and place as above noted; that Honorable Dalton Biggs, circuit judge, had ordered the notice served on all persons and parties concerned, by publication in the newspaper, for and at the times above set out; that jurisdiction in the premises should be completed within ten days after the full publication of the notice, as ordered, and that any person or party interested might, at any time before the expiration of the ten days, appear and contest the validity of the proceeding, or any of the acts or things therein enumerated or covered by the petition.
The notice was published in the form designated by order of the circuit judge, and, as issued for publication, was signed by Charles E. Dillman, clerk of the circuit court for Harney county, Or., who affixed the seal of that court and the date of issuance. Thereafter, there was filed in the circuit court for Harney county the original notice for publication, as above described, together with the proof of publication thereof, as ordered by the court. On motion of the petitioner, the hearing of the cause was continued on account of the absence of the court reporter.
On the 29th day of September, 1922, S. N. Bolton appeared in the above-named cause, and, alleging that he was a freeholder, legal voter, and assessment payer residing and owning lands within the boundaries of Harney Valley Irrigation District, which lands would be subject to any lien existing by reason of the issuance and sale of the bonds involved in the proceedings herein, filed an answer denying generally each and every allegation contained in plaintiff's petition.
Testimony in the cause having been taken in support of all material averments of the complaint, the court made findings of fact and deduced conclusions of law therefrom, and made and entered a decree in which it was ordered, adjudged, and decreed:
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