Daily capital journal. (Salem, Oregon) 1903-1919, 1909-01-12
THE MESSAGE
WILLAMETTE FALLS.

WILLAMETTE FALLS
Under the provisions Of passed by the legislature
in 1882 the Willamette Falls and Locks Company or those
claiming under IT, required to certify TO the Board Of
Canal Commissioners on January 1888. and quarterly
thereafter the number of tons Of freight and
passengers passing through the canal and locks and the
Der and naes Of the steaboas and other craft passing
through the same for each quarter Immediately preceding the
return Of said reports. Shortly after my inauguration
Governor in 1903 began Investigation Of the matter with
the view Of securing reports from the
Of the Willamette Falls and Locks Company, TO collect
for the State for the benefit Of the school fund
per centu Of the profits arising from tolls collected
the rate Of fifty cents ton for freight and ten cents for
each passenger passing through the canal and locks After
officers Of the Portland General Electric Company the
in interest Of the original company they refused 10
render statement make report claiming that the
State acqueseed the cOmpanys exercise Of its claim
Of 0wnershp in fee Of the canal and locks and e5pped
from making claim for net profits under act Of the
legislature Inc matter was hen submitted 70 the attorney
General by with request for opinion the liability
Of the company and in October 1905 the Attorney
furnished opinion. in which he said after reviewing
all the acts Of the legislature upon the subject Relative
gether and under authorities able 10 find upon the
question the construction and intention Of the legislature
the corporation which constructed the locks that
profits should mean all receipts above actual operating
and repairs II this Is correct then there
should be some net profits each year TO be accounted for
While unable 10 in what light court may look upon
the matter am OF the opinion the interests Of the State
sufficient 10 warrant suit being brought 10 settle the matter
and u your Board OF Canal Commissioners are Of the
opinion after examining this communication and direct that
suit shall be brought therefor would suggest that instructions
TO that effect be issued by the board Exceency both
10 this Office and to the District Attorney the judicial dis
trict In which said suit be brought order 10 avoid
question whether the has author
ity 10 institute the suit"
On the 18th day Of November 1905 the Board Of Canal
Commissioners requested the Attorney take the
matter with the proper District Attorney with
him In nsuting the proceeding for accounting
against the present Of the canal and locks en-
deavor possible 10 compel payment 10 the State Of whatever
sum might b. acerained 10 be- due upon accounting
Shortly thereafter suit instituted in MunOmah County
by the Attorney General and the District Attorney against
the Portland General Electric Company 10 collect ten per
centum OF the net profits arising from tolls collected on tb
canal and locks under the statute Issue Joined and the
court decided against the States claim appeal the
supreme Court on the 18th day Of May 1908 tie
decree Of the lower court and remanded the owe
court with Instructions 20 sustain demurrer OF the State
Ia each Of the deens Of the defendant such other
F''dlhKs az might ~ proper. The cause pending
IA the lower court and Is hoped that accounting win
due course be had and considerable recovered for
the use OF TIE common school fund
am glad 30 take this occasion commend the ability with
which this has been handled hy the Attorney General the
District Attorney, and Hon Vs. H. Lord who assisted I'm the
trial m The Supreme Court The Just claim of the has
been already too long DELAYED and early determination of
the matter Is contamination most devouy be wished for
N0N-PARrlsAN JUDICIARY.
In some OF the States steps being taken secure the
election Of non-nartisan Judiciary Tbis st,te ht -.
10 be behind others in this important progressive movement
Each OF the several parties might nominate candidates al the
names OF the candidates nominated could arranged on the
ballot for the general election i'm alphabetical order without
disclosing the party TO which they belong This would require
the voter To exercise the power OF selection and the
result would bee satisfactory and eliminate politics en-
tirey from the judicial department OF the government
WILLAMETTE LOCKS.
The legislature a It's last appropriated $500 600 Oo
to assist the United acquiring by purchase or other
wise canal and locks at the falls Of the willamette II was
provided however that within three the United States
was 10 appropriate like upon failure so 10 do the
appropriation made by the State and become mart
Of he general fund In other words the purpose Of the act
was 70 fan As yet Congress has done nothing The present
canal and locks owned by private corporation vested
y law with the power OF eyng OF not exceed fifty
ens ton upon every pound Of freight in either direction