Daily capital journal. (Salem, Or.) 1896-1899, 1896-01-27

. AViNANf
Moreover lt n not ~ TINT
these great powets pertaining
10 sovereignty which affect the whole
people alike, and none less nor more
than the rest, should be invoked by o
class or classes, Of body corporate, or
an aggregation thereof less than the
whole state. state officers should not
be- subjected TO the annoyance OF .
suit at the instance Of every indlyid-
ual when civil or property rights arc
not invaded. who might conceive that
the laws were being Improperly adj
ministered. or that public funds were
not being applied to legitimate pur-
poses"
The separation Of tine coordinate
branches Of government is argeud Ut
length aud then IL is contended by
the court that this suit Is a mere bill
i'm equity by private citizen, A.C.Tay'
lor as relator, and not Of a district at
torney or attorney general us the law
requires. 1t must be on the infOrlna-
tiOn Of the law officer Of the state, or
Il must be dismissed as mere pri-
vate suit, and it does not appear
that he instituted the suit in behalf
Of the state. at is not believed that
the mere aflixing Of his signature inI
his official capacity to n complaint
or bill shown to be the bill Of pri-
yate relator is sufficient to impress it
with the functions and capacity of an
information competent to put in mo-
tion the machinery of the courts
whereby they will take cognizance of
questions pertaining to the high pre-
rogatiye powers Of the state or affect
ing the whole people in their sovereign
capacity
The decree of the court below is
therefore reversed and the compaint
dismissed. "This leaves the consti-
tutional question still undisposed Of,
and the fact that we would probably
not declare the acts to be unconsti-
tutional cannot affect or change our
duty in the premises. Courts will not |
assume to pass upon question of that |
character unless properly before them,
and the case at bar as presented not |
being within our jurisdiction TO hear
and determine, it is clearly not with
in our province to assume now to de-
eide that question although Of grave
public importance"
The decision is 30 pages long of
type written matter.
GOVERNOR LORD
appeared in the case and took the posi-
tion that he was interested as exec
utive, and appeared as friend Of the
court to prevent any undue encroach-
mentOf the judicial department upon
the executive. The court seems to
have taken stock in the position of
Its former chief justice now governor.
Governor Lords argument undoubt-
edly had great weight with the court,
and the decision is for that reason
very important and significant from
public standpoint. Ii is not likely
that this will end the matter i'm the
courts, and new proceedings will prob
ably be begun to force decision con.
the constitution.
SUPREME COURT DECISIONS. n
State Of Oregon, ex rel A. G. Taylor.
respondent VS.. W. p. Lord, ct al. ap-
Dellant; appeal from Marion county:
Judgment reversed and complaint dis
missed. Opinion by Wolverton, j.
j. j. Barbre, respondent VS.. j. C.
ioodale, appellant; appeal from Lane
county; judgment affirmed. Opinion
by Wolverton, J
w. L. Hume, district attorney, ap-
pellant VS.. Penumbra Kelley. ct al.
respondents; appeal from Multnomah
county; judgment affirmed Opinion
by WOlyeIton, j.
Willis Bros, appellant VS.. O. III.
Lance, respondent; appeal from Multi
lomah county: judgment affirmed.
Opinion by NJ re, j.
John w. Brigham, respondent VS..
ieo' l.. Hibbard, appellant; appeal
rom Multnomah county; Judgment
affirmed. Opinion by Bean, c. j.
State of Oregon, ex rel The German
saving and Loan Society, appellant
's.Geo. c. Sears, sheriff of Multnomah
county; Judgment affirmed. Opinion 4,
ly Bean, c. j.
Severio Fibri, respondent VS.. VIM.
Ladd' ct al, appellants; ordered on I
stipulation that appellants time for
erylng and filing their reply brief :
iese'n sas be extended TO February Is.
a. H. Carson. respondent VS.. c. +. /:
trentner, ct al, appellant; ordered ON
M Limitation thnf tho =