Daily capital journal. (Salem, Oregon) 1903-1919, 1910-02-01
The STATE
WINS SUIT
Supreme Court Decides Against
Warner Valley Co---AISo
Four Other Cases

The supreme court of the state
this morning rendered four decisions
the most important of which was
that of the state Of Oregon against
the Warner Valley Stock Company,
r. f. McConnaughy, ct al.
This suit was commenced by the
Estate in the circujt court of Lake
county against the defendant COM
pany and it's predecessors and twen-
ty-eight persons WHO are homestead
or pre-emption settlers on a portion
of the land involved for the pur-
pose of canceling several deeds is
sued by the state land board to Nc
Connaughy and the company to then
large bodies of swamp land now
claimed by the company.
! The company demurred to the
complaint and it was sustained by
the court as to all the deeds but one
dated June 23, 1899, conveying
about 5,2SS.11 acres ,on the ground
that the action with relation to them
tations. The homesteaders inter
posed an answer in the case but this
was stricken out upon a motion
made by the company On the one
cause of action against which the
demurrer was not sustained evidence
was taken and a decree entered
against the state and from this de-
cisian by the lower tribunal the
state appealed.
The supreme court reveTses the |
judgment of the lower tribunal and |
1t holds that the demurrer should |
not have been sustained and also |
sustains the contention of Attorney
General Crawford on the cause
which went to issue which was to
the effect that the application by the
of the company was in
a blanket form and therefore illegal
and also the further contention that
the predecessors of the company and
the company itself had failed to
comply with the law in reclaiming
the land. There are involved in the
case approximately $4,000 acres Of
land and it is some of the most val
liable in the state.
Murderer Gets New Trial.
The court also rendered a decision 8
IN the case of the state of Oregon :
against Hans Goodager, who was .
charged with the murder of Tony {
Hoer in Multonmah county and con- 6
'icted of the crime of manslaughter
md sentenced to serve 12 years in
he state prison. The murder was p
committed about a year ago and was S
he result of an alteration between a
he two In saloon in Portland. The C
defendant was tending a bar at the Il
lme and after a few words with G
Ioer he elected him from the sa- Ii
BON, but Moer afterwards returned
nd renewed the quarrel and Good y
ger killed him. When the case
anne up for trial he set up the plea
self defense and it was because
/ the erroneous instruction of the
ldge with relation to this subject II
nat the case was reversed and the II
efendant given a new trial. o.
Coos County Case Affirmed. "
The judgment of the lower court D
as affirmed in the case of d. f. IL
linn and n. W. Moon against Will
am Vaughn and j. A. Mcdonald
his action was brought by Finn 81
nd Moon to enjoin the defendants ID
rom erecting a splash dam in the o'
orth Fork of the CoQuille river 70 ~
Q used in the floating of logs The ST
'wer court granted perpetual in
lnction and its decree is affirmed
ttorney General Crawford appeared X
,r the plaintiffs in the case. 90
A motion for rehearing was de- fo
led in the case of A. Il. Stewart, ct N
]. against Frank NJ. Templeton, 10
use from Wheeler county. o,
Wm. Muller OF Minnesota and w. re
Cooper of Arkansas were admit p
ID to practice law before the state
lurts, 4,