Capital journal. (Salem, Or.) 1919-1980, 1920-02-10


fiibert trees seem uninjured. he said.
80 far as the healthy normal tree is
concerned On the uplands the ILL
berts are normal. the experts found.
The south sides of the trees suffered
the most from lhe raEages OF the
storm. The damage extends from q
few inches below the snow line to up
In the branches and trees. they re-
port. While the cambium OF the trees
appear to be dead now, Mr.. Reed said
that he would not declare them posi-
lively dead now, as they stand some
chance Of recovery.
Mr.. Reed refuted the common sup
position that sap ascends the't from
the roots in the spring and decends
In the fall ,and said that this Is only
true In some measure"
The sap goes up the tree from the
roots to the leaves through the sap
wood and not through the bark, he ex-
planned. When II goes UP 1t is in a
money appropriated by the Shackei-
ford bill but there was no notice what
ever that vote for the Bean Barrett
bill was a vote to authorize the board
OF control to Issue bonds to meet the
Of some other federal
act"
Even under the provisions of the
act of 1920 the issuance of bonds for
highway purposes is not mandatory
upon the board of control but Is mere
ly discretionary with that body. As
introduced the bill author
lied, empowered and directed" the
state board of control to issue bonds
a, the request of The ate highway
commission, Justice Harris points out
but this was later amended to author
lze and empower the state board Of
control lin its discretion" to issue such
bonds.
Demurrer Sustained. -.
I'm view Of the language found III
the act Of 1920" concludes Justice
Harris. at is difficult to conceive of
y situation which would authorize the
of writ peremptorily COM
the state board of control to
sell the bonds. If. however, suoh a
is possible 1t Is not presented
here; for the record before us can
not support an order for a peremptory
writ Of mandmus. Tho demurrer TO
the alternative writ Is therefore sus-
tanned"
The court, however is very careful
IN Its expression as to the scope OF the
1899 measure combining itself to the
opinion that the new act is broad
e ough to include all federal aid al
ready made available but omitting any
mention OF tis inclusion Of moneys
which might be appropriated by the
federal government for post and for
est road projects In the future.
Other opinions were handed down
as follows;
ii. L. White appellant, VS. City of
Ashland, appeal from Jackson coun-
ty; suit to avoid liability for expense
Of street Improvement. Opinion by
Justice Bean: Judge II. NJ. Callsins af-
firmed.
Sarah r. Patterson appellant. vs.
City Of Ashland, appeal from Jack
son county: suit to annul street as
Opinion by Justice Bean.
-si-.,,ad
lorenzo Malpica w The Cannery
supply company. appellant Appealed
fiv Mu. {" IN coun,y; suit 10 col
lect damages for personal injury. Opin
ion by Justice Johns; Judge Ganten-
bein affirmed.
Deliah Holder VS. Louis Holder ct
al, appeal from Multnomah county;
petition for rehearing: rehearing de-
MED but decree modified as TO costs
IN opinion by Justice oJhns.
L. G.. Riggs et al VS. Elizabeth Ad-
Slns ct al, appellant; appeal from
Clackamas county; suit to require ad-
ministrator and heir to hold land In
trust for plaintiffs pursuant to an al
legged agreement. opinion by Justice
Judge j. H. Campbell revers-
ed and case dismissed.
utah-ldaho Sugar company VS. Geo
w, Lewis ct al. appellant; appeal from
Josephine countv; action IN ~e-'~.''n
charging wrongful taking and deten-
ton OF property. Opinion by
Benson; Judge F. NJ. calkins affirm
"a.
Petitions for rehearing denied IN
Boehmer VS. Silvestone; Wilcox VS.
Construction company: Thorn
Is vs. Giebisch; Grow VS. Abraham:
Jkase Investment company VS. Port
and