The times-herald. [volume] (Burns, Harney County, Or.) 1896-1929, 1919-07-26
STATE UPHELD IN
ACTION over LANDS
Supreme Court Opinion Given in
Livestock Co. Case.
ORIGINAL SUIT DISMISSED ON MOTION
llamey Circuit Judges Decision Is
Approved: Aiioney-General 10
Proceed With Action.

SALEM. Or, July n Especial TO
the Orogonlan.) Judge Dalton Bigrs
OF the Harney county circuit court
acted within his rights when he
granted n motion for the dismissal OF
the complaint filed by ex-Attorney-
General Crawford TO recover approx
imately 10000 acres OF lands from
the Pacific Livestock company. ac-
cording TO an opinion rendered by the
Oregon supreme court today.
Dismissal of the original suit a.
gninst the livestock company was
urged by Acknowledgement Brown.
who charged that the complaint was
defective In that Il attempted 10 show
that the tracts were acquired through
dummy ontrymen and conspiracy,
whon IN fact forgery should have
been The baeis OF the suit Under the
ruling Of the anpreme court. Attor-
y.Gcnoral Brown may now proceed
with the prosecution on a complaint
nicd by him following the dismissal
OF the original proceedings.
Case Dates Back Co tOit.
Tho principal question involved, ac-
-ording 20 the opinion. was whether
or not plaintin may take voluntary
noesui, under the provisions Of law
made applicable to suit In equity
after % demurrer had been disposed
or
The case originated IN April. 1914,
Vheu x-Attornoy-Coneral Crawford,
acting az the request OF Ex-Governor
West. filed action 30 recover tae lands
held by the livestock company In iiar-
ney aud Grant counties. The lands
were classified as school lands, school
indemnity lands and swamp lands
The swamp lands were originally ap-
piled for by II. e. owen. known as the
swamp land angel" In most IN
stances. the lands had been transfer
bred by the state TO w. u. Toddhuntet
and John Devine.
Appeal Made to Legislature
r. A. Hyde. operating In San Fran
cisco and famous because OF his In
elimination In subsequent land fraud
cases, transacted business for Todd
hunter. MIR. Deylne. Henry Miller anc
man by the name OF Lux. Mr.
Miller dicd recently and his estate l.
now principal owner OF the Pacific
Livestock company
When Attorney-General Brown
came into once he lacked sufficient
evidence 10 proceed with the prose
eutlon OF the case on the complaint
filed by Mr.. Crawford and appealed
TO the 1917 legislature for an appro-
priation to pay the costs necessary IN
s;artluc a now action. This was
dcnled. whoronpon the state land
hoard came 10 the assistance OF the
attorney general and au investigation
was authorized.
This Investigation COZ vinced the a.
tornoy general that many OF the ap-
plications and deeds OF assignment
were forged and that a new complaint
would be necessary IN the event tho
state was to make tho best Of its ca'o
in court.
suit Dismissed Then Sought
Tho attoruey-gonoral then tlod
motion IN the Harney county circuit
court asking that the suit brought by
MIR. Crawford be dismissed. In the
meantime the livestock company ur-
god trial on the original complaint
Judge Biggs upheld Mr. Brown
contention and dismissed the COM
plant. whoreupon the livestock com
many moved 20 have the order set
aside. This was refused and the oe-
fonding company later appealed To
the supreme court, Theodore kytk1'
government handwriting expert who
played an important part I'm gathering
evidence for the state, died recently