Salmon River-Grande Ronde Highway Improvement Dist. v. Scott

This is a mandamus proceeding to compel the defendant commissioners of the Oregon State Highway Commission to pay to the plaintiff highway improvement district, in compliance with chapter 298, G. L. 0.1933, the sum of $3,150.29, as specified in said act. A demurrer to the alternative writ was overruled and, upon refusal of the defendants to plead further, thq circuit court ordered and adjudged that a peremptory writ issue. Defendants appeal.

It is conceded that the decision of this case hinges upon the constitutionality of the act purporting to authorize the payment of this money. Chapter 298,…