Corvallis gazette. [volume] (Corvallis, Benton County, Or.) 1900-1909, 1900-10-26
4 LEGAL BATTLE.
Another Chapter in the History Of the
Oregon Agricultural College.

I Another Chapter in the History Of til
Oregon Agricultural College.
| EDITOR GAzETTE:-The lega
battle for the control of the Ore
lyon Agricultural College was ont
| of the hardest that has ever beer
fought in the courts of the state
land came near resulting in the
loss of the control of that magni6
cent institution by the state.
On the 18th day of October,
1887, a complaint was filed in
circuit court of the state of Ore.
gon for the county of Benton, in
which Joseph Liggett and others,
representing the M. E. Church,
South, were plaintiffs, and w. S.
Ladd and others representing the
State of Oregon, were defendents.
Ex-Attorney General George H.
Williams and Ex-Chief Justice of
the Supreme Court of the State
of Oregon Jas K. Kelly, appeared
for the plaintiffs and John Bur
nett, J. F. Watson, L. Finn and
M. L. Pipes appeared for the de-
PENDANTS.
The object of the suit was to
cancel deed made prior to that
time by the Corvallis College of
the college farm (where the ad-
ministration building stands)- to
the state. and oust the states
board of regents from the control
of the college.
After full argument before
Judge Bean by Judge Williams
and Judge Kelly for the Church
and Judge Burnett and Judge
Watson for the State, Judge Bean
in a very ably written opinion
(now on fle) sustained the con-
tention on behalf of the State and
dismissed the complaint. The
Church appealed the case to the
supreme court and Chief Justice
Thayer rendered an opinion re-
ported in the 18TH Oregon re-
versing Judge Bean and holding
that the Church was entitled to
the agricultural farm and the
improvements, including the
present administration building
and all the rights and privileges
and endow1neats inuring to the
Corvallis College forever. In
concluding his opinion Judge
Thayer said: '1n arriving at
this conclusion 1 am not con-
soled by the reflection that the
view expressed Gin the opinion)
will promote the best interests of
the public. I think it would be
far better for the community if
the Corvallis College in its pres
ent condition of affairs were un-
der the exclusive control of the
State. -
To say that this decision of
the supreme court created great
surprise is putting it mildly, for
the people of Benton county had
not only contributed the money
to buy the original farm, but had
in addition raised twenty thou-
sand dollars to build the admin
istration building, with the.un-
derstanding that itrwas for the
State Agricultural College, to be
under exclusive control of the
State.
After a hard fight the attorneys
for the State obtained a rehearing,
and leave to file an answer and
have the case retired in the cir
cult court.
When the case was sent back
to the circuit court of Benton
county, Judge Pipes was on the
bench and being an attorney of
record for the State could not try
the case. The nearest judge was
Judge Boise, but as he was a
of the State board of
the case was sent to
Judge Shattuck of Portland, who
heard the case and following the
decision already made by the
court, decided against
the State, and now it came the
turn of the State to appeal, which
it did without delay.
When the case reached the
supreme court the second time
{ five years after the complaint
was fled) there had been a
change in the bench and it con-
sisted of: William P. Lord, chief
justice, and Robert S. Bean and
Frank A. Moore, associate jus
tices, instead of w. w. Thayer
chief justice, and w. P. Lord
and R. S. Strahan, associate
justices. ...-
The case, however, had been
argued before the old court and
should have been decided by it,
but the court had gone to Pen
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