Daily capital journal. (Salem, Oregon) 1903-1919, 1912-04-18
The BOARD
IS HARD UP
AGAINST IT
II 1T PAYS MONEY OUT STATE
MAY LOSE sSOO,OOO-IF 1T DOES
NOT PAY 1T OVER THERE IS A
BIG CHANCE OF THE DEAL FOR
THE LOCKS FALLING THROUGH.

THE LOCkS FALLING THROUGH.
Should the state board Of canal
commissioners listen to the advice of
Attorney General Crawford 1t is like
ly that the state would find itself
without canal and locks at Oregon
City-a subject which the people
have fought for for years, for the at
torney general today in a communica-
ton has requested the board to hold
up the 100000 ordered to be paid
over to the government as the states
price in the purchase of the locks
until the courts can adjudicate
100000 equity which the state has
or had in the old locks dating back
to the time Of their construction.
Both Governor West and State
Treasurer Kay have taken the posi-
ton that should the board do so, that
the government would likely back out
on its proposition to purchase the
locks, and that the result would be
that the state would be left with the
appropriation money made for their
purchase, and without any locks
They further contend that the law
approprlating the money to pur-
chase the locks directly authorizes
the secretary to turn It over to the
federal government when 1t is ready
to purchase them and that he has no
other alternative. Secretary of State
olcott is not here, but as the law is
plain on the subject and two members
Of the board are in favor of paying
over the money 1t is likely that he
will also be.
The attorney generals communlca-
tion to the board is as follows:
ITO the State Board of Canal Com
mlssloners, Salem, Oregon.
Gentlemen;-Yours of the 18th
instant enclosing order made by the
State Board Of Canal Commissioners
on the Ord instant, to the Attorney
General, reading as follows, to-wit:
Whereas, It appears that the
federal government is about to take
over the locks at Oregon City, and
Whereas, the Secretary of State
has been requested by the board to
pay over to the United States the
100000 available as provided by law
and
Whereas, the attorney general
has advised the Board that he is OF
the opinion that the State has an
equity in the said locks, be It
Ordered that the attorney general
be advised as to the action of the
board in the matter and be requested
to take such action as he may deem
proper to protect the interests of the
state and recover any moneys which
might be due IT,,
has consideration of this office, and
beg to advise, that as the money Il
nov in the hands of the secretary Of
state and the state treasurer, who
alone can pay out the same, that nc
money be paid over until the Interest
Of the state, II any therein is settled
] would further advise, that the gov,
ernor, who Is chairman Of the STATE
board of canal commissioners, SHOULD
request representative OF the fed
eral government and a representativ,
OF the canal company to meet with tn,
state board Of canal commissioner,
and adjust the differences before tn,
money leaves the possession of stat,
officials,
The board should not vote TO pa,
out and pay out money, any part o
which belongs 10 the school fund. an,
then order the district attorney. o.
the attorney general to recover tn,
same. The payment in pursuance o
the vote OF the board, makes a re
coyery very difficult, even II by s,
doing It does not waive all right In,
state may have therein, An agree
ment might be made by which tn
100000 could be placed in bank, sub
iect to the decision Of the courts Al
to whether II should be paid into tn
school fund Of the state. or to tn,
company owning the canal
"ln any event, the time I adjus
these matters is before the money 1
paid over AS before stated, recover,
after voluntary payment OF the money
is doubtful, as your board represent
the state In this matter and you
actions are binding on the state.
Very respectfully yours.
A. NJ Crawford
Attorney General
--U---
The Oregonlan finds excuse, edl
. forlnilv Tor Ta,,a,. a,,a 80 A.. -