Oregon v. Portland Gen. Elec. Co.
Oregon Supreme Court
From Multnomah: Arthur L. Frazer, Judge. Statement by Mr. Justice Eakin. As disclosed by the amended complaint, this is a suit brought by the State against the defendant, as successor in interest of the Willamette Falls Canal & Lock Co., which we shall hereafter refer to as the “first company,” to recover the 10 per cent of the net profits arising from tolls collected on the canal and locks at Oregon City, as provided by an act of the legislature of the year 1870. On…
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From Multnomah: Arthur L. Frazer, Judge. Statement by Mr. Justice Eakin. As disclosed by the amended complaint, this is a suit brought by the State against the defendant, as successor in interest of the Willamette Falls Canal & Lock Co., which we shall hereafter refer to as the “first company,” to recover the 10 per cent of the net profits arising from tolls collected on the canal and locks at Oregon City, as provided by an act of the legislature of the year 1870. On September 14, 1868, the first company incorporated for the purpose of constructing a canal and locks at, and on the west side…
1Opinion
Rehearing denied November 8, 1908.
On Petition for Rehearing.
2Opinion of the CourtJustice Eakin
30.It is suggested, by the petition for rehearing, that the court is not justified in holding that Act 1870 (Laws 1870, p. 14) authorized the construction of the locks, and gave authority to operate them and collect tolls thereon, and that the first company did not have these powers and rights by virtue of its articles of incorporation. • The Willamette River is a public navigable stream, a public highway, the title to the bed and banks of which *531is in the State, for the benefit of the public: Johnson v. Knott, 13 Or. 308 (10 Pac.…
3Cases cited18 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- Monongahela Navigation Co. v. United StatesSupreme Court of the United States · 1893
- Pollard's Lessee v. HAGANSupreme Court of the United States · 1845
- Railroad Co. v. SchurmeirSupreme Court of the United States · 1869
- Sands v. Manistee River Improvement Co.Supreme Court of the United States · 1887
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