Daily capital journal. (Salem, Oregon) 1903-1919, 1914-04-28
MAY BUILD RAILROAD
GRANTS PASS EMPOWERED BY
DECISION OF SUPREME COURT
TO SELL BONDS.

Nine opinions were handed down by
the supreme court this morning. That
in the ease of Churchill against the
City OF Urants Pass was of the great
est public importance, settling as it
does the right of cities to vote bonds
for railroads, and TO do other business
outside Of the city limits. a synopsis
Of the opinion which was written by
| Chief Justice Mcbride follows.
Held that the srt of 1913, author
izing cities and towns to construct
railroads beyond the city limits, is
constitutional. Also, that the amend
monts to the city charter of Grants
Pass, authorizing the issuance of bonds
I for that purpose, are valid and proper
4 " rassed. Also. that a contract with
KJ. +. Reddy whereby he is granted
an option to lease or purchase the road
under certain conditions is not "a viola
tion of section 8, article XI, of the
state constitution, which forbids any
municipal corporations to become II
stoekholder or loan his credit to or in
aid of any private corporation, joint
stock company, or association. The
city was upheld upon every point
raised by the complaint. Justice Ram
sey dissented.
Another ease of public Importance
was that of Elmira Simpson against
Edwin 0'Hara and others constituting
the Industrial Welfare Commission, in
which the opinion was also written
by Chief Justice Mcbride and the low
er court sustained The suit was
brought to have judicial determined
the question whether an act passed by
the Legislature February II, 1918, and
commonly known as the Minimum
Wage law, is inimical to the Fourteenth
amendment to the constitution of the
United States, or to section 20 of
article | of the state constitution.
The suit is practically the same as
that of Stettler against 0'Hara and
others, but tho plaintiff sets up that
the points raised in this issue were
not passed upon by the court in that
l case.
The amendment referred to reads
No state shall make or enact any
law which shall abridge the privileges
and immunities of citizens of the
United States.' In the case men
toned it was held that the state had
the power to prevent the employment
of women and children for unreason-
ably long hours or for unreasonably
small wages. Justice Mcbride said:
''Self government lies at the very
foundation OF freedom and the private
and local affairs of community are
sacred from interference of the cen
tral power unless oppressive and un-
reasonable, and that is not the case
here
/. The other cases were as follows:
: Edward Spath VS.. NJ. A. Sales, ct al.
appellants; appealed from Multnomah;
suit to quiet title to dand, affirmed.
Lincoln Blake VS.. National Hospital
Association, appellant; appealed from
Mnltnomah; action to recover dam
ages for breach of contract, affirmed.
George G. Reed appellant, VS.. West
ern Union Telegraph Company; APP
pealed from Klamath; action to re-
cover damages for personal injuries
reversed.
j. s. Gile VS.. Columbia Contract
company, appellant; appealed from
Multnomah; action for brokers' com
mission, reversed.
Joseph Reiff, ct al, appellants. VS.
City of Portland; appealed from Multi
nomah; involving reassessments fol
improvements on Seventeenth street
affirmed.
Claude P. Woodle VS.. George t. Set
tlemyer, appellant; appealed from
Multnomah; an action upon an under
Z taking for an appeal, reversed.
F. w. Seeck, ct al, appellants VS.. A
Jakel, ct al; appealed from Linn;
J action to recover possession Of rea
property, reversed.