Daily capital journal. (Salem, Oregon) 1903-1919, 1915-06-01
LIGHT AND POWER
COMPANY HAS RIGHT
TO INSTALL METERS
Supreme Court Holds Amend
ed lndiCtnnt Must Be Ap-
proved by Grand Jury

Holding that under the terms Of n
contract entered into between the city
council Of Haines, Oregon and the
Baker Light & Power company, which
gave the latter the privilege Of fur.
PATTY and citizens thereof either upon
pullty and ictzens thereof either upon
the flat rate or meter basis, the Eastern
Oregon Light \ Power company us
successors to the original grantee, had
the right to elect rs between systems Of
charge for service, and that u contract
performed by one city council il bind.
ing upon succeeding bodies of that of.
fetal status until changed by mutual
consent Of both parties, the supreme
court this morning reversed the decision
of Judge Anderson, of the circuit court
for Baker county, and declared the light
aud power company had the right to
change from the flat rate to the meter
system of fixing charges, The opinion
IS written by Chief Justice Moore.
Attorney Cannot Amend Indictment
On the ground that unless an iudict
meut, which has been amended ~ to
matters essential TO the charges en-.
braccd in the indictment, is authorized
and approved by the grand jury or is
authorized by statute uuch amended
indictment is fatal to the demurrer, the
supreme court in an opinion written
| by Justice EOkin reversed the decree OF
Judge Dalton Biggs, Of the circuit court
for Mulhcur county, in which George T.
| Meyer was convicted Of arson and sen.
| fenced "a the penitcntiary and remand.
cd the cause for further proceedings not
inconsistent with the opinion.
In this case Meyer was charged with
| having set fire to Il barn Of the Jordan
/ Valley hotel company aud the indict
mcut found against the defendant was
declared void because the name Of the
owner of the property aot fire TO Was
omitted from the document The dis
I trict attorney then assumed authority to
amend the indictment by inserting the
| name Of the owner Of the property there
in which action was upheld by the trial
| court and was contested on appeal by
the defendant on the ground that, under
tine constitution the district attorney Is
not clothed with this authority In up.
/ holding the contentious Of the defend
ant the supreme court rules that, while
a district attorney may amend an In.
formation re has no such authority In
/ the case Of an Indictment, in matters Of
substance to the charge and holds
the name Of the owner Of property de-.
stroycd by fire is q part Of the sub.
stance Of the charge Of arson in con.
ncction with the description Of the
| property
Other cases decided by the supreme
court today were;
W. Bcumish, appellant, Va. W, A.
/ noon appealed from Benton county,
action 10 recover for goods sold opin.
ion by Chief Justice Moore, Circuit
Judge llnmilton's judgment dlsmiss.ng
| plaintiffs plea for n writ of review re-.
| yprscd aud case ordered rcmandcd 10
/ Justice court for trial
y. a. Hobson w. Florence and J. o.
Connor, uppcllnntu, appealed from Nal.
1 hcur county, action TO recover personal
property Circuit Judge Biggs iudg
ment for plaintiff affirmed per curinm.
/ bfnnt county BANK w. Dollh nNyrAi
appellant appealed from Grand county,
suit to set aside void decd, opinion by
| Justice Burnett, Circuit Judge Biggs
/ Judgment for plaintiff reversed.
W. A. Bohart, appellant, W., james G..
Parker, appealed from Lane county,
action 10 recover personal property
opinion by Justice Burnett, Circuit
Judge Morrow's judgment for defend
ant affirmed.
John Leland Henderson W. Tillamook
/ Hotel company ct nl appellant, np.
poalcd from Tillamook county, motion
| to rctua costs 0yerfulcd.
John W Boyer ct NJ, cross appellants,
VA. j. NJ Burton, appellants, appealed
from Tillamook county motion TO dis
miss appeal as 10 cross appellants sus
tanned.