Salem Mills Co. v. Lord
Oregon Supreme Court
From Marion: Reuben P. Boise, Judge. Suit for an injunction by tbe Salem Flouring Mills Company against William P. Lord, Governor of Oregon, and other state officers and agents.
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From Marion: Reuben P. Boise, Judge. Suit for an injunction by tbe Salem Flouring Mills Company against William P. Lord, Governor of Oregon, and other state officers and agents. The Willamette Woolen Manufacturing Company was incorporated by an act. of the Legislative Assembly of the Territory of Oregon, December 17, 1856 (Laws 1856-57, p. 48), with power, among others enumerated, “to bring water from the Santiam River to any place or places in or near Salem, to be brought as far as possible through the channel or valley of Mill Creek,” and was given “the exclusive right to the hydraulic…
1Opinion of the Court
Mr. Justice Wolverton,
after stating the facts., delivered the opinion of the court.
1. The question of most vital concern is whether the suit is in effect against the state, although it is not named as a party to the record. The point is conceded that a state is not suable without its consent. The principle is fundamental, and is invoked by the defendants as inimical to the court’s taking or assuming jurisdiction to determine the controversy herein or to grant the relief demanded. Mr. Justice Miller, in Cunningham v. Macon & Bruns. R. Co. 109 U. S. 446, 451 (3 Sup. *89Ct. 292, 296), says: “This…
2Cases cited17 opinions
- Hans v. LouisianaSupreme Court of the United States · 1890
- United States v. LeeSupreme Court of the United States · 1882
- In Re AyersSupreme Court of the United States · 1887
- Poindexter v. GreenhowSupreme Court of the United States · 1885
- Pennoyer v. McConnaughySupreme Court of the United States · 1891
12 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Hale v. Port of PortlandOregon Supreme Court · 1989
- Hough v. PorterOregon Supreme Court · 1909
- Tomasek v. Oregon State Highway CommissionOregon Supreme Court · 1952
- Hoover v. Iowa State Highway CommissionSupreme Court of Iowa · 1928
- Jarrett v. WillsOregon Supreme Court · 1963
25 more not listed; retrieve them via the Exa API.