The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1897-12-10
rig nronr TO pNIorN

0oyaNus-nt by injunction and man.
dhHmE has como to br subject ~ vast
intorv~t To the American people within
,ils last Few years ami even within the
last few months While the wri,r them
selves are old. thrir moru frequent use
IL matter Of recent times. and tho ends
thoy ar~ employed TO attain arr more and
fnon- yarlet The right TO the aid Of
cHrrt Of equity by mrAfns Of the ~ri,s OF
injunction AMI mamiAmus has been the
rubirct of rulings by the supreme ana
circuit courts Of this state and I, may
not bs amiss 10 briefly set forth some Of
tho principles laid down by our judiciary
fa tho government Of such proceedings
\ petitlon for wri, Of Injunction OF
nAndamns must ot cguWe snow his riEhi
20 such assistance. mus, make a SHOWING
Of rieh a state OF faetA NJ will warrant
the court IN granting this extraordinary
rcm~iS before being granted the pre-.
iiu,inary Injunction tho petitioner must
set forth IN his petition facts emitting
him 20 the writ. and when the cause
eoHnr@ on FOR trial he must prove facts
sr,lillng him TO a perpetual injunction. II
he fall IN either of these his petition for
injunction will not bc allowed.
Tho most important and interesting In
junction ami mandamus proceedings IN
this state hAva been those brSight by
private individuals to control the actions
OF ptablic oficlRls. the most celebrated
Of which Is the branch asylum ease. In
that case II was attempted TO make tho
tate party plaintiff upon the relation
Of private Individual. 10 rnioln the
purchase 81 property In Eastern Oregon
fo< the purp0tN OF an insane asylum. The
court In that case held that the plaintir
stood on no better footing than private
individual. and that Il must be shown
that the building OF an insane asylum in
Eascrn oregon would be more expensive
than tho building u one AT the state
capital as the constitution provides This
was following out the principle Of tho
sherman vs. Fellows case IN which Sher'
man endavorcd. IN his individual cal
paclty. to cnjoln the location Of the Sol
dcrs' home at Roscburg II was not
made to appear that shcrman's taxes
wouh be Increased or that he would sus'
tain any injury peculiar to himself by
the location OF the Soldiers home at Rose
burg Instead Of at the capital
In the last Of the asylum cases the
court held that the state, uISm the rela
| tion N the district attorney may enjoln
Tho payment of public money approprl'
ntcd for expenditure at place proho'
tied by the constitution In such case
| the whole people are plnintinS and an
! injury to tho whole people VIII be pre-
sumed from mlsappropriaton OF the
p,ibhc FUNDS A private individual. on
the other hand. must show that he will
suffer some injury other than that suS'
tanIc.i by the whole people, before he Il
entitled to the aid Of an injunction,
II has been intimAted that " the petit
tioner allege that he bought property a.
the seat OF government and paid an IN
usual price therefor on account OF ih'
proapectlve iocatlon Of governments
buildings there in accordance with I'M
constitution, and that their erection a
some other place would cause him ios
by depreciation In the vane OF his prop
erty ne would he entitled to relief b!
: Injunction. but a. such facts would b
dlflcult TO prove. a case. based on thos
facts would not be very certain.
Recently. in school district havin
i've directors. n vacancy was caused o
the death Of one. and the other four faiie
3 TO call an election to nm the vacancy.
o private Individual sought the aid OF
r court OF equity by means Of mandarin
$ to compel the remaining members Of n
board to call an election to hll the va
cancy. but the court held that he mus
show that he sustained some Injury h
the refusal of the board to call an electio
n before he would be entitled to the remed
il This, Of course. he could not do.
d The cases Of Moody and Shattuc
10 against Secretary Of State Kincald wei
IS examples Of mandamus granted whe'
u private individuals sustained Injuries p
Is culiar to themselves,
vi Though there Is great hue and c'
n against government by Injunction, It W
10 be seen that. properly exercised. tn