Legal Opinion

Central Oregon Irr. Co. v. Public Service Commission

Oregon Supreme Court

Decided April 5, 1921PublishedCited by 2 opinions

Original Proceeding in Supreme Court. In Banc. The plaintiff, an Oregon corporation, which hereafter will be referred to as the company, filed its petition in this court for an order to compel the Public Service Commission of Oregon, defendant, which hereafter will be referred to as the commission, to proceed with and complete the hearing of the company upon its application before the commission for an increase of what is known as the “maintenance fees” of its irrigation…

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Original Proceeding in Supreme Court. In Banc. The plaintiff, an Oregon corporation, which hereafter will be referred to as the company, filed its petition in this court for an order to compel the Public Service Commission of Oregon, defendant, which hereafter will be referred to as the commission, to proceed with and complete the hearing of the company upon its application before the commission for an increase of what is known as the “maintenance fees” of its irrigation system and to hear and determine the amount of such fees to be paid by the “settlers” under their respective contracts. By…

1Opinion of the CourtJohns, J.

In the inception of the transactions out of which this litigation arose, the lands belonged to the public domain, and the title was in the United States government. Claiming that the lands were subject to reclamation under the terms and provisions of the Carey Act, the state filed its application with the Secretary of the Interior to have 140,000 acres set aside and reclaimed through irrigation, and the government made the order. This was followed by an act of the legislature of this state authorizing the making of the necessary contracts. Based upon such proceedings, the State Land Board…

2Cases cited8 opinions

  1. Thayer v. California Development Co.California Supreme Court · 1912
  2. Del Mar Water, Light & Power Co. v. EshlemanCalifornia Supreme Court · 1914
  3. Woodburn v. Public Service CommissionOregon Supreme Court · 1916
  4. Hillsboro v. Public Service CommissionOregon Supreme Court · 1920
  5. Virginia-Western Power Co. v. City of Clifton ForgeSupreme Court of Virginia · 1919

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3Cited by2 opinions

  1. Alexander v. Central Oregon Irrigation DistrictCourt of Appeals of Oregon · 1974
  2. Sears v. Orchards Water Co.Oregon Supreme Court · 1924

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