Daily capital journal. (Salem, Oregon) 1903-1919, 1917-06-26
BOARD Of CONTROL
MUST ISSUE BONDS
Supreme Court Holds Bonds
Must Issue to Meet Gov
ernment Appropriation

CAlnIlCllt HppLUpItntEUM
In the case of the alternative writ of
mandamus brought by the Oregon State
Highway commission against the state
board OF control to compel that body
to issue bonds of the state of Oregon
in the sum of $1,800,000 to match
Federal money put up by the govern
ment for the improvement of rural post
roads during the next five years, the
Oregon supreme court this morning de-
clared that the alternative writ stated
facts sufficient to award the relief de-
manded, overruled the demurrer of the
delendanth, and ordered that the per-
emptory writ should issue.
The writ of mandamus was brought
by s. Benson, w. L. Thompson, and E.
j. Adams, of the Highway commission,
against Governor Withycombe, Secre-
tary of State Olcott and Thomas B.
Kay, as the state board of control. 1t
was the contention of the board of
control that it had not authority to is
sue the bonds until there was defic-
iency from the road fund to meet the
federal act The highway commission
believed the board of control was re-
quired to issue the bonds. The board
of control refused and the commission
asked the writ Of mandsmus. The suit
was a friendly one to determine the
status of the bonds.
In writing his opinion on the mat
ter Judge Moore says that the money
received from the bicycle license fees,
ETC., was wholly dedicated to the pay
ment of the interest and principal of
the six million dollar bond issue. He
said the writ states that after the
plaintiffs had set aside sufficient
funds to meet the payments specified
in the law, no money remained in the
estate highway fund" with which to
match the federal appropriation and
for the year 1917 the sum of $49l ,967-
IL was necessary for that purpose.
fsThere is no reasonable doubt" he
saws. "that the sale of state bonds in
an amount sufficient to raise money
to meet that appropriation for the
year specified devclves upon the
defendants. !"
According to this decision then the
board Of control is required to issue
bonds for the 81, 800, 600 as it is needed
to match the federal appropriation
known as the Shackelford act, and the
other funds set aside in the bill ap-
propriating six million dollars cannot
be used for anything but in connection
with that issue.
A Widows Pension Case.
In the matter of the application of
Grace e. Buster for widows pension,
Grace Buster, respondent, and the
County of Marion appellant, appealed
from Marion county, Judge Galloway.
The decree of the lower court is re-
versed and the application dismissed
In making this ruling Judge Benson
stated that in the first place the coun.
ty court of Marion county awarded
Mrs. Buster $40 month as widow 3
pension. She was not satisfied with
this amount and appealed to the cir
cult court on ground of error of the
findings of the court that her chill
dren were not wholly dependent on her
for support, that she owned half an
acre Of ground, vegetable garden, and
chickens.
The circuit court gave her $3.50
month from Lne udlb VI hNh UGF-N@
tion and from this decree the county
appealed. 1t was shown that the nus
band died January Z, 1914, leaving
sl9ss and 80 acres of uncultivated land
In lincoln county. With this sum she
paid $500 worth of debts and with the
remainder purchased the half-acre OF
land on which she resides.
The court says there was no effort
70 convert the uncultivated land into
cash and that "the provisions Of this
act shall not apply to any child which
has property Of its own sufficient for
its support, nor to any child which does
not reside with its mother" until the
land is marketed and the proceeds ex-
bausted in caring or the children the
plaintiff is not entitled to the beneflts
of the act.
The ollowing are the other opinions
handed down this morning.:
Eugene Marmeni, appellant. against
Henry J. Bellarts, respondent, appeal
rom Multnomah county, Judge Belt;
petition for rehearing denied by Judge
Benson.
F.H. Maxson, appellant, vs. Ashland
iron Works; appealed frof Jackson;
action to recover possession of a plan