Daily capital journal. (Salem, Or.) 1896-1899, 1896-02-11
THE BRANCH ASYLUM CASE.
A History Of This Important Litigation
In Oregon.

court upon the power vi thV OV"i" "
building comissloners TO locate
public building away from the capita
a reyiyes the history, written and un
written. of the branch asylum case.
A suit of injunction was first tilet
in the Marion county circuit court
. by the state Of Oregon, upon the rela
| tion of A. c. Taylor, taxpayer OF
Polk county, VS.. Sylvester Pennoyer,
George w. Mcbride and Poll Met
schan, comprising the state board of
building commissioners. The suit
was instituted shortly after the pass
age of an act by the legislature in
1893, approprlating sl65,O0O, or so
much thereof as might be necessary
for the purchase OF a site aud erection
of branch asylum building in East
ern Oregon. The complaint set out
that the relator, Taylor, was tax
payer, and that, unless restrained, the
board would pay out large sum Of
! money for the purpose of locating a
state building away from the capital,
in contrayention Of provision of the
constitution that, says all public
buildings shall be located at the seat
Of government, which would be to the
irreparablc injury OF the plaintiff,
who had no other plan or adequate
remedy at law.
A general demurrer was interpOsed
by the defendants. The demurrer was
overrued and an appeal taken to the
supreme court, upon which an opinion
was rendered in October, 1894. In this
opinion IL was held that the mere sug-
gestlon that the act was unconstitu-
tlonal, and that the legislature had
exceeded It's constitutional limita-
tlons, were insufficient to call into
requlsltion a court Of equity. The
state having failed TO show in plead
lngs that the cost OF erecting and
maintaining an asylum building In
Eastern Oregon would have been
greater than at the seat of govern
ment, thereby increasing the burdens
of taxation, the supreme court held
that the demurrer should have been
sustained, and the cause was re-
manded to the lower court for further
proceedings not inconsistent with the
opinion.
There seems to have been an error
In the mandate sent down In ordering
the injunction dissolved and the case
dismissed, and, upon motion of plain
titf, IL was recalled and modified to
conform with the opinion.
An amended complaint was filed In
the lower court, alleging, among other
things, that the location Of branch
asylum In Eastern Oregon would
greatly increase the burdens OF taxa
tlon In requiring 100000 more 10 con-
strnct the building, and $50, 200 more
annually to maintain the proposed
asylum In Eastern Oregon than at the
seat of government. Defendants
again demurred, on the ground that
facts sufficient 10 constitute cause
OF suit were not stated, and again the
demurrer was oyer-ruled, Defendants
answered, and, upon trial of the issues
thus Joined, plaintiff introduced evil
dence In support OF the allegations of
extra cost that would be Incurred by
locating the proposed building in
Eastern Oregon. The trial resulted
In decree by Judge Hewitt in favor
OF the plaintiff, rendered In October
1895, perpetually enjolnlng the board
from locating the building In Eastern
Oregon, Appeal from the decision
was again taken to the supreme court
aud another opinion handed down
last month, reversing the judgment
OF the lower court and ordering the
complaint dismissed.
The personnel OF the board was
changed In January, 1898, upon the
installation OF state officers, GOV.
ernor Lord, Secretary Kincaid and
Treasurer Metschan, by virtue Of
their offices, constituting the board.
H. ]. Bigger and W. IL. Holmes have
pros ,euted the case for the state, aud
j. @. Moreland and G. G. Bingham for
the dafanaa NVhan L., ..... VI.