Daily capital journal. (Salem, Oregon) 1903-1919, 1913-06-14
Application of McMahan for
an Injunction Against Kay
Unsuccessful.
FOR BENEFIT OF ALL
Contention Of Plaintiff That Project
Is for Benefit Of Individuals Is
overruled.

Judge Galloway, Of the circuit court,
this morning held that the law provid.
ing for the reclamation Of the Colum-
bia Southern project, now known as
the TumOla project, is constitutional,
ind dismissed the application Of L. H.
inMahan for an injunction restraining
secretary Of State olcott and State
Treasurer Kay from paying out any Of
tho $i5O,OOO appropriated by the legis-
lature. The decision Of the court fol-
lows.
"This is a suit enjoining tho secre-
tary Of state and State Treasurer from
signing warrants or paying out state
funds as authorized under Chapter 119
Of the General Laws of the Legislative
Session of 1918.
"The plaintiff, who has ever been as
siduOus in invoking tho authority. Of
the court in staying and Withholding
tho extravagance and unconstitutiona
expenditure Of public funds of the
state; and for which this court enter.
tains the highest commentator, alleges
that this measure ia unconstitutional as
being in violation Of Section 90, Arti.
clio IV and Section 7, Article XI, Of tho
constitution Of this state.
" Among other authorities referred
to the court is specially cited TO tho
case Of Sears VS., Steel 55 Or. 544, com.
monty known as the Crater Lake road
case, In sustaining his contention that
tho act in question is special and local,
and therefore void under Section 90,
Article ~ Of the constitution. Plain!
tiff further alleges that the act under
consideration pledges the credit Of the
stntes and incurs an indebtedness ex-
ceeding $4,000, which is in violation OF
Section 7, Article XII Of tho constitu-
tion.
"rho attomey.generaal on behalf Of
tho defendants, secretary and state
treasurer, denies these allegation Of tho
learned counsel who acts in his own be.
half claiming tho act in question is
not special and local, but Of public
character and for the benefit Of all the
people Of the state, and that the state n
not obligating It's credit nor guarantee
ing the obligations Of private indlvidu.
ais or corporations nor Is the state IN
curing indebtedness exceeding tho linn
It's placed by the constitution in carry
ing out the provisions Of tho act in
question, The court is cited to Section
$3.50, H. o. H., accepting tho provisions
and conditions Of the "Carey Act"
and other legislative acts, which in con
noction with the act under considera-
tion, is but carrying out a contract en-.
tered into between the state and tho
United States, under the provisions Of
the reclamation laws Of the contracting
parties
Acts Of congres, August lS lsoi.
Statutes and Acts amendatory thereof,
authorizing a lien on arid land by the
state, also act Of congress, March 3lst,
1901, extending time in which tho state
might reclaim the aggregated arid land.
are also cited. Tho acceptance by the
state Of the benefit Of the 'Carey
Act is claimed 10 commit the state TO
the reclamation Of ita arid land, and
that expenditure Of public funds for
such purpose Is not in violation Of the
constitution, In fact, the key noto Of
the attorney general 3 argument Is tho
legality Of the state TO engage in the
work Of internal improvements and to
appropriate money rnised by direct tax.
alton, therefore, whom the measure is
Of public character such as the 70
clamation Of tho state y arid land; ard
that nothing in tho constitution prohib-
It's the state entering upon such a pol.
ley
First in order FOR the courts cou.
sidention IN the case Of Sears ys. Steel,