Capital journal. (Salem, Or.) 1919-1980, 1921-02-01
Banking Laws
Binding On All
Trust Concerns

Trust Concerns
Common law trust companies a,
| well az statutory trust compaaie
are covered by the law of 191
placing trus companies under tn
jurisdiction of the state banking
. department. This is the holdin-
Of the supreme court this mornina
in an opinion written by Justice
Bean in denying to the Superior
| oil & Refining Syndicate, Id, a
Iperemptory writ in mandamus con
pelling r b. Handley, corpora lion
| com missioner, to issue to thu cor
poration permit 10 sell stock in
Oregon.
| Handley had refused to comply
with the application of the Texas
company on the ground thai the
business proposed to be transacted
in this state would constitute n
trust business and consequently
came under the jurisofcrron Ol tho
superintendent of banks.
In instituting is mandamus pro-
ceeding the oil company contendod
that the Oregon act covering he
trust business related only to S atu-
tory trust companies and not to
common law trusts as their organ
ization.
If such were ,nc case, Jus'i.o
Bean declares in his opinion, then
the people of the state are unpro-
tected from the operations of con-
Germs which have all the powers Of
corporation engaged in the trds
business without the restrictions
applied to the operations of such
corporations. The statute so con-
strued would be unfair and dis
criminatory In order to render ii
practically notifications it would
only be necessary for corporations
to change their form of organlza
tion. we eannot conceive that the
statute evinccs such a Legislative
intent"
other opinions were haauea:
down this morning as follows:
Mike Blaser VS.. Josephine Krat-
tiger, appellant appeal from Mutt
nomah county suit for slandcr.
Opinion by Chief Justice Burnett
Judge j. p. Kavanaugh reversed.
Major Greek Lumber Company,
appellant. VS.. r n. Johnson; APP
peal from Multnomah county; ac-
tlon to recover damages for breach
of contract. Opinion by Justice
Bean. Judge w. N. Gatens re-
versed
Una Llndon stout VS.. M. M.
Stout, appellant: appeal from Yam
hill codnty; suit for divorce, Opin-
ion by Justice Mcbride. Judge II.
II. Belt affirmed.
George Il. Guthrie, substituted
for II, r.. Collins as received for
Northern Railroad
appellant VS.. ]. *. Lum-i
Der company, ct al, cross appel
ants; appeal from Multnomah ,
motion to recovery upon
surety bonds. Opinion by Justice
Mcbride. Decree of Judge Robert
Fucker modified ,
+. T. Dayton VS.. w, S. Fenno,
appellant; appeal from Deschutes q
action Of ejec ment, Opin-
on by Justice Brown. Judge T. i. 81
J. Duffy reversed
II. T. Georges as administrator OF Z
,state of John Vlahos, VS.. Sheridan :
md Millamina Railroad company,
appellant; appeal from Multnomah +
Suit to recover damh gos :,
IN account of accidental death of
llahos, Opinion by Justice ohns. 9
Judge Henry Il, McGinn reversed.
Joseph T. Rohrbacher, appellant
,s. A. T.. Wright ct al; appeal from +,
county; suit to cancel
Iced and mortgage. Opinion by =
chief Justice Burnett Judge C, U.
ian'cnbcin affirmed. q
ethel Hansen. appellant. VS..
lloyd NJ pay ct al; appeal from i
.ane county; suit TO quiet title, .
opinion by Chief Justice Burnett.
Judge j. w, Hamilton affirmed.
state VS.. George h. London, ap- !,
,cllaut: appeal from Crook county;
ppeal from conviction of selling -,
liquor, opinion by .
Justice Benson. Judge f. 7. ].
duffy affirmed.
H. S. simmons. guardian of es- =
ate of Eva j. simmons an inCom
ctent. VS.. Alex Zarthas, appellant; ,
ppoal from Multnomah coun y,l
ction OF forcible entry and detain- u
=. Opinion by Justice Harris.
udSc George w. Stapleton affirm
Il +
Petition for rchoariug denied In
-cler VS.. johnson. r.
Motion TO dismiss denied In
,icholas VS.. Yamhill county with
ave to respondent To move for =,
ule on clerk of circuit court to
Gritty and transmit missing parts
{ record. !,
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