Hammond v. Oregon & California Railroad

In passing upon the demurrer involved in the former appeal, this court, in view of the acts of Congress, as interpreted by the federal courts regarding the public policy indicated, stated:

“If it be conceded that the plaintiffs had constructive notice of the provisos as contained in the granting acts referred to, then it would seem that the federal court and Congress deemed the plaintiffs to be not in pari delicto with the defendant, and therefore entitled to relief.”

By its first defense interposed, the defendant presented the contention that at the time the contract was entered into, the…