Corvallis & Eastern R. Co. v. Benson
Oregon Supreme Court
From Marion: William Galloway, Judge. Statement by Mr. Justice Burnett. This is a suit for an injunction by the Corvallis & Eastern Railroad Company against Frank W. Benson, as Governor, Frank W. Benson, as Secretary of State, and George A. Steel, State Treasurer of the State of Oregon, constituting the State Land Board as a Board of Commissioners for the sale of School and University Lands and for the investment of the funds arising therefrom. The facts are as follows.
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From Marion: William Galloway, Judge. Statement by Mr. Justice Burnett. This is a suit for an injunction by the Corvallis & Eastern Railroad Company against Frank W. Benson, as Governor, Frank W. Benson, as Secretary of State, and George A. Steel, State Treasurer of the State of Oregon, constituting the State Land Board as a Board of Commissioners for the sale of School and University Lands and for the investment of the funds arising therefrom. The facts are as follows. The legislative assembly of 1874 passed an act, approved October 24th of that year, entitled “An act to provide for the…
1Opinion of the CourtJustice Burnett
delivered the opinion of the court.-
1, 2. One question raised in this proceeding is whether the title of the act of 1874, it being, “An act to provide for the construction of the Willamette Valley .& Coast Railroad,” is sufficient to authorize the grant of lands in aid of the construction of the railroad mentioned. Another question is whether or not the State has power in any event to make a grant of land like the one in question; the contention for the defendants being that to do so is in derogation of the sovereignty of the State *368and beyond the power of the legislature to enact as the law…
2Cases cited23 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
- Atlantic Coast Line R. Co. v. North Carolina Corporation Comm'nSupreme Court of the United States · 1907
- Wisconsin Central Railroad v. Price CountySupreme Court of the United States · 1890
- State v. ReedSupreme Court of Kansas · 1894
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3Cited by29 opinions
- Pacific Elevator Co. v. PortlandOregon Supreme Court · 1913
- Eastman v. Jennings-McRae Logging Co.Oregon Supreme Court · 1914
- Miles v. VeatchOregon Supreme Court · 1950
- Brusco Towboat Co. v. State Ex Rel. State Land BoardCourt of Appeals of Oregon · 1977
- Smith Tug & Barge Co. v. Columbia-Pacific Towing Corp.Oregon Supreme Court · 1968
24 more not listed; retrieve them via the Exa API.