Daily capital journal. (Salem, Oregon) 1903-1919, 1916-01-11
PORT OF ASTORIA
MAY CONDUCT LINE OF
BOATS FOR TRAFFIC
Powers Granted by Legisla-
ture Are Valid Unless Re-
ferrended Says Harris

The supreme court decided this morn
ing that the Port of Astoria could en-
gage in the business Of running line
of tow boats, freighters and passenger
boats if the commissioners of the port
decided to do SO and could expend
100000 on the business without re-
ferring it to vote of the people. This
decision was written by Justice Harris
and concurred in by all of the other
supreme judges except Justice Eakin
who did not sit and Justice Bean who
dissented.
The case was brought by the State
of Oregon ex rel G. w. Mullins district
attorney of Clatsop county against the
Port of Astoria and the commissioners
of the Port. The district attorney
brought suit to restrain the Port of
Astoria from engaging in the trans
portation and passenger business and
to restrain them from expending $780,
900 in purchasing line of boats. The
circuit court judge, j. A. Eakin, dis
missed the suit and the plaintiff ap-
pealed to the supreme court.
The Port of Astoria was organized in
1910 under an act of the legislature
which gave the port the power, among
other powers, to aquire and operate tow
boats, passenger boats and freight
boats. The plaintiff stated that the
commissioners of the port had already
spent $500 to this end and unless re-
strained would spend 100000 more.
In his opinion Justice Harris states
that Ports, while they are municipal
corporations, and not pure municipal
corporations as cities and towns. Only
cities and towns, he says, can legislate
power to themselves but since the
power in question was given to the
Port Of Astoria by the State legislature
the port has the power to proceed with
out interference from the courts. How
ever, if the people wish to stop the pro-
ceedings they have recourse to the re-
ferendum law which would call for an
expression from the people at the polls.
In other words unless the people them
selves wish to restrain the port com
missioners from any action the courts
cannot do so if the powers under which
the commissioners are proceeding are
specifically set forth in the charter
granted by the state legislature.
The supreme court affirmed the de-
cision of Judge William Galloway in
the case of Mark R. Upton against the
State Industrial accident commission in
an opinion written by Justice Mcbride.
This suit was brought by Upton to test
the constitutionality of the act which
created the State Industrial accident
commission. Judge Galloway held that
the act was constitutional in the cir
cult court of Marion county and Upton
appealed to the supreme court.
In an opinion written by Justice Nc
Bride, the decision of Judge Henry Il.
/ McGinn was affirmed in the case of
George Skyes and other plaintiffs and
respondents, against the Proebtal Land
and Adjustment Co., defendants and
appellants. This was suit to deter
mine the ownership of some property in
Portland through long line of descend
ants and relatives.
T)he suit to recover $65,000 for 1000
shares of O. W. p. stock brought by
Jane Muir as executrix Of the estate
of William Y. Muir against James Nor.
ris and Fred S. Morris was also decided
in the supreme court today, Justice
Burnett wrote an opinion affirming
Judge McGinn in the circuit court of
Multnomah county. The circuit court
rendered a judgment of nonsuit and the
plaintiff appealed to the supreme court.
The other cases decided were as fol.
lows:
II. b. Nicholas VS.. Title & Trust COM
pany, appellant, appealed from Clatsop
county, suit to determine an adverse
interest in real property; opinion by
Chief Justice Moore, Judgment of Cir
cult Judge Eakin for plaintiff modified.
Max Lueddeman ct al VS.. William
Rudolph, appellant, appealed from Lane
county, action to recover broker 8
commission; opinion by Justice Burnett,
Circuit Judge Skipworth's Is judgment for
plaintiff reversed.
w. p. Reed ct al VS.. W. i. Mills, APP
pellant, appealed from Wasco county,
suit TO recover possession Of bond;
opinion by Chief Justice Moore, Circuit
Judge Bradshaws judgment for plain
tiff affirmed.
Rehearng denied in Meteorological
company VS.. Farmers Union Warehouse
g. Manufacturing company.
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Colds Cause Headache and Grip