Capital journal. (Salem, Or.) 1893-1895, 1895-04-17
THEY WILL MANDAMIS
The Oregon Railroad Commission
Begin Suit.
TO COLLECT SALARIES REFUSED.
Judge Hewitt Will Hear the Csc
at Salem, April %.
70 COLLECT SALARIES REFUSED.

/ NNAs - ~ A~AAN VI A1E OANk1h ANaAt-
road commission has sued out q writ
Of mandsmus before Judge Hewitt Of
the circuit court, to compel Secretary
Of state KiBcsid TO pay the salaries Of
the commission, and filed the same to
day with tie clerk Of the court Of
Marion county and copy OF the same
was served on Mr.. KiocAid by sheriff
Knight.
THE PETITION
recites rs facts the statement that the
commission was elected on February
p, 1893, when it qualified, took oath
and filed bonds.
That it has held Office and performed
the duties Of the same and now holes
and occupies the same; that plaintiff Is
entitled to salary paysble quarterly at
$500 a year:
4. THAT successor 10 the said plain
tiff as such commissioner has not been
elected by the legislative assembly in
joint convention or otherwise, nor has
such commissioner ever qualified since
the appointment Of the plaintiff"
That there is due S245. 55 for the
quarter ending March 81, 1895.
which the secretary is commanded to
pay.
ATTORNEYS.
Cyrus Dolph, E. E. Mallory, Joseph 4
Simon, ex-Supreme Judge StrAhsn /
and J. c. Moreland are attorneys for
the commission, the complaint being
sworn to by James B. Eddy, April l6. .
THE WRIT ISSUED.
The writ is issued today by Judge H.
II. Hewitt OF department No. 2, Marion
county and directs that warrant imme.
diAtely issue to the plaintiff as prayed
in petition, or that he show cause
why he has not done so at Salem, Or,
on the 2esh day of April at o'clock y.
m. Done at chambers In McMinnville,
April IS, 1895. II. Hewitt. judge.
The papers are filed at Salem April
II.
1t is expected by the commission
that Judge Hewitt will grant the order
giving them their pay, and that Attor-
ney-Geneaal Idle,nan will offer weak /
resistance II indeed he does not appear
Tor the commission itself. The attor.
neys who appear for the commission /
are the same who back the commissions
and the corporations politically. G
Secretary Kincsid, announced
o a Salem newspaper man in plain :,
erms that he had fully made up his r
mind on the holdover commissioner |,
question, and his decision is that he o
will not issde warrants 10 the old COM :
nissioner until forced to do 80 by pro- : :
ess Of law The question now is: Il
Who shall represen, the state 10 de- .
ense aud whence will come the funds n
'ith which TO pay the attorneys Zee
secretary KincAid does not consider IL :,
leumbeut on Mr.. IdlemAB TO repre-. C
snt the defense 10 opposition 10 an
piniou already rendered, nor will be O.
II the ssTvioes ~ another attorney. =
laking bis remuneration dependent :
D the next Legislature. Of
The most Nasibls courss, Il Il held, b.
ld the one that Sill probably be fol- ID.
wed, II 10 ask far private subscnp, =,
ans 10 defray The rXpenss VI defrndiug
lc suit that is sHp-cted 20 follos Oas q.
lEglAud man has offered 20 coutu5uts
90 aud the secHtAry thinks enough
"a be secaFed BY voluntary ooniubg ei
,ns 10 conduct the dcivnse, A Pou A'
nd attorney has offered 10 rsprcssat ~
e state f1T 80, aud MT sehlbreds. .s.
RoSeburs TO-DAY lsndsfed h,s ssf,ioss t.f
ats. Mr sshlbTe,is thiuks Rlss
Irg ~lii also can,rituis hnds. Tns rae
sf,tsry s oonhTmsd Ia lhs bslisf that u'
. cipEens % the State sln.osi uuiyors- ~.
y sua-Ess hls Fsi,l.-l - Feoogalis ,hs al
idoFrf commissioner al
Arsil saowsss-Am qa.,s pl.au. ''s