Daily capital journal. (Salem, Oregon) 1903-1919, 1917-11-27
POLK COUNTY CASE
is MODIFIED BY
THE SUPREME Court
Decided That City of Dallas is
Owner Of Water System
Instead of Gates

Nine opinions were handed down this
morning by the supreme court. In the
suit of H. V. Gates plaintiff and appel
liant versus The Railroad Commission
of the State of Oregon, now the Public
Service Commission, and the City of
Dallas, appealed from Polk County,
Judge Kelly on the bench, the decision
of the lower court was modified in an
opinion written by Chief Justice Nc
Bride. The court says in the opening
sentence of the opinion: "The question
in this case is who owns the water
works of Dallass If Gates owns them
the Public Service Commission had the
right to regulate rates. If the city own
ed them it did not. The history of
the case briefly is as follows: The city
of Dallas desiring to own its own water
system made contract with Gates un-
der which he was to construct such
works and was to have a lease on the
same when completed for term of 20
years. 1t was provided that the city was
to pay him in addition to giving him the
lease, the sum of $4,000. The court
holds that the City of Dallas owns the
system and it is therefore ordered that
the case be dismissed as to the city, and
that it recover its costs. The balance of
the decision of the lower court is af
firmed. The Chief Justice in passing
upon the matter of municipal ownership
rather sarcastieally says: "If city
owns or operates a public utility, such
utility is automatically relieved from
the operation o fthe act. Whether this
is good or bad policy is not matter
for the courts but for the legislature,
which has in its wisdom or unwisdom
abstained from appointing guardian
for cities owning or operating public
utilities
The other opinions are as follows:
j. NJ. Martindale, appellant VS.. A.
j. Scott; appealed from Clatsop; action
in replevin; opinion by Justice Benson;
Circuit Judge Eakin affirmed.
David N. Bridensteine, ct al. VS.. Ger
linger Motor Car company, ct al, ap-
pellant; appealed from Clackamas; Pc
tition for rehearing denied; opinion by
Justice Harris.
Great Western Land Co., VS.. F. B.
Waite, appellant; appealed from Mutt
nomah; suit for real estate commission;
opinion by Justice Burnett; Circuit
Judge Morrow reversed.
Ii. d. Critics, appellant VS.. Elbert
Bede, ct al; appealed from Lane; suit
on writ of rMeview involving litigation
over debt; opinion by Justice Bean;
Circuit Judge Skipworth reversed.
Clara j. Armand, appellant VS.. Emma
M. Austin; appealed from Multnomah;
petition for rehearing denied; opinion
by Justice Burnett.
In the matter of the determination of
relative rights of claimants to water of
Umatilla river and tributaries, decis-
ion of Circuit Judge Phelps upholding
decree of state water board was affirm
ed; Justice Burnett writing opinion.
State VS.. William Clark and Frank
Morrison, convicted In Grant county of
larceny before Judge Dalton Biggs,
was affirmed, Justice Moore writing
opinion.
Charles Rose, E. Wilhelm, Mohammed
Khan and Joe Din, plaintiffs and ap-
pellants vs. City of Portland and H. H..
Albee, as mayor thereof, appeal from
Multnomah; Hon George N. Davis,
judge; affirmed opinion by Justice Ben
SON