Opinions of the Attorney - General of the State of Oregon from October 1, 1920 to September 30, 1922

Opinions of the Attorney - General of the State of Oregon from October 1, 1920 to September 30, 1922 contents: Page 3 - Upon foreclosure of certificates of delinquency issued to a county, deeds shall be executed to the county for such lands as it may bid in. Lands owned by a county, and not used or intended to be used for corporate purposes, are taxable. There is no statutory requirement as to residence prior to commitment to the Feeble-minded Institution. Page 4 - A person on parole from the Penitentiary should not be delivered to officials from another state until he is legally discharged from the custody of the Governor and the Parole Board. The boundaries of school districts lying in two counties can not be changed without concurrence of District Boundary Boards of both counties. Page 5 - Under the provisions of chapter 295, Laws of 1917, a person whose lands are affected by a proposed road, does not waive his claim to damages allowed by the board of county road viewers by failure to_ file a petition for damages. The county court must, if it establish the road, allow the damages assessed by the board of county road viewers, unless the person interested agrees to accept a less award of damages. Page 6 - It is unlawful to hunt for or have in possession certain enumerated animals except for purposes expressly provided by law. Page 7 - A corporation organized under the provisions of section 6788, Lord's Oregon Laws, has power to borrow money for any authorized corporate purpose, and to secure such indebtedness by a mortgage, or to issue bonds secured by a trust deed. The county court has power to furnish an office the District Attorney. A promise by a candidate not to receive something which he 1S not sure of getting, or legally entitled to demand, is not an offer of a bribe. Page 8 - The weight of authority is to the effect that the power of the states to impose an inheritance tax upon bequests of certificates of stock in a foreign corporation owning real estate in the state in which the devisee or legatee resides, has been denied in most cases. Page 11 - No person under fourteen years of age shall be issued a hunting license or be permitted to hunt with a gun on lands other than his own premises, or premises owned by his parent, relative or guardian. The power of the Oregon State Board of Control relating to the Oregon Employment Institution for the Blind. Page 12 - The occupation of laying hardwood floors, and operating and maintaining power-driven planers and sanders in connection with such work, would come under classification of buildings being repaired. A person working as an apprentice is entitled to the benefits of the workmen’s compensation law, if he is a bona fide employeE of an employer engaged in a hazardous occupation. The application of a credit balance ordered by an employer may be regarded as a cash payment for the purpose of ascertaining the amount of dividend to which such employer is entitled. When the Industrial Accident Commission has credited an employer with a certain amount as his part of the dividend declared, and the employer requests that such amount be refunded to him in cash, the commission has authority to make such cash refund. When the dividend credit allowed to an employer is actually applied as a payment of contribution due the industrial accident fund, such application of the credit should be regarded as a receipt within the meaning of the law. Page 13 - Bonds issued under authority of chapter 172 of the General Laws of Oregon, 1913, are redeemable at the pleasure of the district. The millage tax levied in 1_921 for the Oregon Employment Institution for the Blind will be available in January, 1922. Page 14 - Before territory within a union high school district organized subsequent to the organization of a county high school can be exempt from a tax to support a county high school, the District Boundary Board must first determine that such union high school is in all respects equivalent in efficiency to the county high school. Dye poisoning due to contact with yarn which claimant was engaged to carry in the weaving room of the mill is an injury arising out of and in the course of employment within the meaning of the Workmen’s Compensation Law. Page 15 - Payment should be made upon the net amount of receipts and disbursements arising out of the operation, maintenance and repair of the interstate bridge, without deduction of any charge for depreciation. Page 16 - A statement in a newspaper does not constitute political criminal libel punishable under section 3519, Lord's Oregon Laws, unless such statement reflects upon the private character of the candidate. Page 17 - The State Board of Health has no authority to appoint a local registrar of vital statistics in any city or town of two thousand population and over. Page 18 - The State Land Board has no authority to sell or lease tide or overflow lands, unless there has been strict compliance with the statutory provisions relating to publication of advertisement thereof. The Public Service Commission can not legally permit the installation of warning signs at grade crossings other than the signs provided for in section 1, chapter 249, General Laws, 1917. Page 19 - The summons in a proceeding to foreclose a tax lien may be filed at any time during the year, while the application for judgment pursuant to such summons may be made only during the month of January. Page 20 - It is not the duty of the county assessor to pass upon the validity of taxes reported to him by municipal corporations for extension upon the tax nor is it his duty to investigate the record of levy of taxes by municipal corporations. The owner of an irrigation canal or drainage ditch is bound, under the provisions of section 6382, L. O. L., to build and keep in repair suitable bridges where such canal or ditch crosses any public highway or public traveled road. Contents continued ....