The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1905-11-06
receipts in freight and passenger tof
sr6nsA Dc N'fhnetas fails canal anJ
fcrks AZ nruyiAed IN ths ar ofNts-uf m.

n II
iceks; as provided In THE act Of 1870. Tn,
Governor has instructed him to proceed
and the Attorney General will take the
matter up immeiistek, There is n
question as to whether the statute OF
limitations runs against this indebted.
ness, which has been allowed TO run
since the year 1879, but it Is the opin-
ion Of the Attorney General that the
states share can be collected at least
as far back as six years previous to
the going into effect Of the law re-
peaiing the Statute Of limitations 50 far
as it pertains to the state.
Under an act of the Legislature of
October alrls7o, supplemented by an
otsf net Of October is7s,, the william,
ette Fallas Canal and Lotks Company
reneiNed $500 900 from Che astaten 10 aid
in the cetstStictiefr Of Gtlte ca nal and
locks at oregon-City, land the company
vas eblsatsd, I'M under these aets, t. pay
the state ~ lQspe5issBt of iitss net earnings
arising tnsippgf from gn,t8 tSlS fr9n passing freight
and an pafsssePgers fseEg sf through the locks, such
tolls being limited to the rate OF sol
cents per ton for freight and 10 cents
per head for passengers The bond is.
sue bore interest 1t the rate Of /, per
cent per aanpn, wliih the eonpany
toun dispess of 70 secnrs the s2eolOoo |
The only recosd tl'st snst6hs was
ever paid the tetnnder these eondi.
ions IyaS during yiAs Year. 1872 sben
he company paid INTO tie tressary
'4ss As 10 mFssAf ths net profls
lpon the canal and locks fOr that year.
he company was, also required to make
uarftE Fepofss showing The stn6sint
+ tonnage which passed through dur.
ugs nat period and qhe ototal ana net
eceipts. Reports haye BEEN made fof |
nost of the years but great many. of
hem do not fully comply with tha con.
itiohss of the law Under which they
Tere- furnished. -- l.
March 8, 1876, the willamette Fab.
anal & Locks Company. the corpora.
0 + aaa n
on which consttuotsdrthe taiiaI and
'cks, transferred all thair interest in
lie same to the Willamette Transporta, II
on & Locks Company, and on the 24th
~ of August, 1892. the Willamette
transportation & Locks Company trans.
bred all their interest in the canal +,
I'd locks to the Portland General Eisc. :,
ie Company, which company Is stili Ii,
e owner Of and operates the canal -.
,der the several acts Of the legislature
ferred to. O. f.9a. h."a'a.'J. -r1 2.
"Ibe position taken by the general 4
terney for the Portland Electric Com.
ny; the present. owners under mesne Il
nveyance from the original copora. e
n" says the Attorney General :,
laims that the condition expressed in -,
e act requird 10 per cent,im Of the
t profits to be paid TO the state Of .,
egon for the use and benefit Of tae
bod fund, is a. personal covehant >,
ide with the state OF Oregon and the I
ginal corporation, and did not run AZ ~
claims, with the canal and locks. -,
acing it'upon the same principal of a m
venantn which runs with the hand or 81
lich does not7funswith the land and >;
inning this is not n covenant which -,
i run Fith- the band. .A-l l.,
ANhile liam not able 10 say what
wv a court would take of the matter, q,
srel iganUtler view which seems reas. "a
able and jrste and that the best II
1t corporntipn can claim Is that the 50
~ pfTtheL legislature; above referred Of
opinion such q contract that is not !
gotiable and isI noh-assignable ek- :
IT in, a manner, that the assignees
lgt flIlfr coInnlv uyihh fha. i.-,,,s ,s 4 .