13
iTTrtnnni nrurnii Tf
ruiunnuumtnHuu
REPRESENT STATE IN
- THE PUBLIC UND CASE
At Request of Governor Will
File Brief in Utah Com
pany Action.
FUNDAMENTALS AT ISSUE
The Crowning Glory f Portland's Most
Successful Akito Show
Qn.rtlon of Common Wealth's Sovertra
Klg-hta to Water Powtr JUsources
Concerned la Utltfatioa.
THE OREGON- DAILY JOURNAL, PORTLAND,' THURSDA; ', JANUARY 27, 1916.
Salern, Or Jan. 27. Attorney Gen
eral Brown has announced that be will
file a brief in the case of Bearer
River Power company of Utah, against
the United Spates, thereby complying
with a request of Governor Withy
combe. The case originated in Utah
and it Involve Important power ques
tions affecting the public land state.
Tlie power company forwarded to
Brown 3, suggested brief for the cae.
."The brief will outline the law as
this office understands it." said At
torney General Brown, when asked
. whether he would take the side of the
"power company in the controversy,
lie also said that when his brief is
finished it will speak for itself.
Brown will appear in behalf of the
elate as amicus curiae or friend of
the court.
Fundamentals Are Concerned.
"In these cases there are presented
certain fundamental tiuestions of con
stitutional law affecting the sovereign
rights of the state of I'tah and neces
sarily and to the same degree the sov
ereign rights of each of the so-called
public laiid states, including the state
fOt (5regon," s;iya the governor in hla
letter to Hrown. "The proper solution
Of the issues presented upon these ap
peals Im of direct Interest to each of
the puhlle land states, and in the hope
, that the state of Oregon may be of
assistance in 'reaching such Just and
"Proper solution I have requested jou,
a attorney sener;il of the state, to
apply for permission to file a brief as
amicus curiae In behalf of the ttate of
Oregon."
The governor says that the appeal
in the Itah case presents, as he un
derstands it, the "broad question of
the right of the Inited States to exer
cise governmental or police powers in
.the public land states, by virtue of Its
ownership uf land therein not used or
repaired for governmental purposes.
lul held in a proprietaVy capacity and
the right of the Inited Slates by its
-.-utile officials, to de, ide and de
termine the manner n.l conditions
uiKin which Mate waters shall be utii
lzedynl developed, and in particular
the manner and condition under whi.-n
the right to the use of flowing water
in said public land states shall be
.-PPtltd to public uses, or to prevent
LUh utilization entirely."
Other Qnestiona Raised.
Continuing the governor sa.vs thes
re among the questions raised:
f "The right of the United States to
. levy and collect a tax upon water
rights In the public land states, or
upon the use of such water rights for
beneficial use as recognized under the
iawe-xf the several puWlo land states;
nie rigm or the Lnited States to exer
cise a supervisory control over the de
velopment and application of the
waters of the states to uses recognised
b public uses under the lawa of such
states, and the terms and conditions
upon which such beneficial uses shall
be administered by the persons or cor
IKrations developing the tame under
the laws of the states."
The governor refers to senate Joint
memorial No. , passed by the last
legislature, relating to the subject,
yuoting It In full, and fays further:
"I would also call your attention lo
the resolutions adopted at the western
states water power conference with
the affirmative vote of the delegates
appointed by the legislature of the
state of Oregon, which are already in
your possession.
"Also in this connection reference
may properly be made to the speeches
In congress o'f Representative C. N.
McArthur of the Third congressional
district of Oregon on the so called
Ferris bill, on January S. 1916, and of
Congressman N. J. Sinnott of the Sec
ond congressional district on Januar
. 1916, on the Fame bill, Jn both of
which speeches the legal rights of tha
. atate of Oregon upon the various legal
and constitutional questions above
mentioned were decisively asserted,
ravora Stat Jairht. t
"The state of Oregon by Its legisla
ture and its other chosen representa
tives has clearly and decisively as
serted Itself on these Issues in favor
of asserting the sovereign rights of
the state of Oregon at all times where
these issues are under consideration
Jn these circumstances it seems to me
proper and fitting that I should take
steps to see that the state of Oregon
assert Its rlphts upon this occasion
wherein for the first time these Issues
are to be clearly presented to the su
preme court of the Vnited States for
their final determination by that body.
"I therefore request that you giv
this matter your prompt consideration,
to the end that the interests of the
state of Oregon may be adequately
represented before the supreme court"
Desertion Is C'liarged.
Salem. Or.. Jan. 17. Mabel Banick
has filed suit for a divorce against
Albert Banick, alleging that the
defendant deserted her about January
5. 1915. end has failed to support
her. They were married April o.
1914, and have one son.
Siewart Left Estate to Family.
Salem. Or.. Jan. 27. His widow,
sons and daughters are the heirs of
Daniel A. Stewart, whose will dispos
ing of J1230 of real and. 115.950 of
personal property was filed in the
county court.
. Loses His Whiskey; Pays Pine.
Salem. Or., Jan. 27. E. J. Martin,
-who was arreated in a rooming house
'on a charge of disorderly conduct,
paid a fine of $15 and five gallons
of whiskey found in hia room were
confiscated by the police.
To Give PUy for Poor. 1
Salem, Or.. Jan. 27. Local talent
win stage "The Fortune Hunter at
,the Grand theatre February 3 and 4.
?the profits to be devoted to the relief
;or the worthy poor of Salem, The
entertainment will be nnder the
.auspices of the Salem Social Center.
Lytle Goes to San Diego.
, i Salem. Or, Jan. J7. State Veteri
narian Lytle. accompanied , by his
i Vwlf. 19 Pn bis way to San Dlero.
- CaL. where he will ek
i;irem an attack: of the grip. His con
dltlon caused alarm for awhile but.
he - has been considerably improved i
f of. lata, 1
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Nortlhiwestt Auto Coinmpamiy:
Broadway at Couch Street, Portland. Or.
F. W. VOGLER, President
C. M. MENZIES, Sales Manager