Daily capital journal. (Salem, Oregon) 1903-1919, 1914-05-11
MUST TURN NOTES over
STATE TREAsURER KAY DIRECT
ED TO GIVE SCHOOL NOTES IN
TO KEEPING OF LAND BOARD.

Judge William Galloway issued
peremptory writ of mandamus Satur.
day afternoon directing State Treasurer
Thos. B. Kay, who holds possession Of
the promissory notes representing
S6,000,000 of the irreducible school
fund, TO turn over the notes to the
clerk of the state land board, G.. G..
Brown. This decision of Judge Gallo
way closed as far as the circuit court
is concerned, the case of the State of
Oregon on the information of Governor
West and Secretary of State OlcOtt,
against State Treasurer Thos. B. Kay,
an action in the circuit court for
Marion county to compel the treasurer
to deliver the notes TO the land board.
On November l3, 1913, at its regular
meeting, the land board directed treas
urer Kay to deliver the notes, 5000 in
number, with all the records in the
case The treasurer refused and under
fhe~ ~direction, of the board the clerk
began a suit for the recovery of the
notes. 1t was decided that the clerk
was not the proper person to bring the
action and then the present suit was
filed.
Judge Galloway recently overruled a
demurrer Of the defendant, which al
legged that the treasurer was the right
full custodian Of the notes. The judge
held that the law does not specify just
who shall hold the notes, but that they
are under the direction of the board.
Accordingly, in line with this decision,
he granted possession to the board.
An amended complaint in the case
Of j. w. Taylor against the Portland,
Eugene and Eastern railway, an action
in the circuit court for 81 ,250 damages,
was filed Saturday. Taylor alleges that
he was injured through the carelessness
of the defendant company while work
ing for the Arena construction COM
pany at the corner Of Twentieth street
and Asylum avenue.
An action for the foreclosure Of
mortgage given by the defendant com
paDy to secure bonds issued TO secure
money for maintenance was filed in the
circuit court for Marion county this
morning by G. w. Miller, against the
United Telephone company Of Wood
burn and j. L. Calvert, receiver. The
plaintiff asks decree Of Judgment
for the sum of $4,000 with interest at
6 per cent from July, 1911, for decree
foreclosing the mortgage and an order
for the sale Of the premises, and for a
decree determining the distribution of
the proceeds Of the sale Of the prop
erty to the bondholdeys. Attorneys
fees in the sum of $1,000 are asked of
the court.
An amended complaint in the case
of X. l.. Sabin against j. w. Clayton
Young, as Young and Company, was
filed this morning in the circuit court.
The action is for goods sold aud de-
livered. The plaintiff alleges that out
of SIN account Of 81 l,599.SS, $9lS0l is
still due. Judgment is asked.
Denial of each and every allegation
in the first and second answers Of the
defendants in the case of Grace Howell,
ct al, against Fiducia Howell and Amy
N. Howell, was filed in the circuit
court this morning A decree as asked
for in the complaint is demanded,
Deputy County Clerk u G, Boyer
does not often get chance to issue
marriage licenses but this morning a
couple came into the clerk 3 office
and he was fortunate enough to be able
to serve them. His face was wreathed
in smiles as he made out the papers.
The couple was Milton Taylor Shipley,
a pipeman OF 0swego, and Mabel Clnire
Dale, housekeeper Of SCOTS Mills.