ACME Dairy Co. v. Astoria
Oregon Supreme Court
From Clatsop: Thomas A. McBride, Judge. Statement by Mr. Justice Moore. This is a suit by the Acm© Dairy Co. against the City of Astoria and another to enjoin the execution of a contract, to set aside a special assessment and to have an ordinance declared void.
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From Clatsop: Thomas A. McBride, Judge. Statement by Mr. Justice Moore. This is a suit by the Acm© Dairy Co. against the City of Astoria and another to enjoin the execution of a contract, to set aside a special assessment and to have an ordinance declared void. The facts are that the Common Council of.Astoria enacted an ordinance October 17, 1906, prescribing the manner of invoicing the initiative power reserved to the people, in pursuance of which petitions were presented to the proper officer, praying that Section 75 of the city charter might he so amended as to eliminate therefrom a clause…
1Opinion of the Court
Opinion by
Mr. Justice Moore.
The question to be considered is whether or not the Common Council of Astoria possessed power to prescribe the manner of amending the city charter. Article IV of the state constitution was amended June 4, 1906, by inserting therein Section la as follows:
“The referendum may be demanded by the people against one or more items, sections or parts of an act of the legislative assembly in the same manner in which such power may be exercised against a complete act. The filing of a referendum petition against one or more items, sections or parts of an act shall not delay…
2Cases cited7 opinions
- Cook v. Port of PortlandOregon Supreme Court · 1891
- Ladd v. HolmesOregon Supreme Court · 1901
- Ellis v. FrazierOregon Supreme Court · 1901
- Smith v. Grayson CountyCourt of Appeals of Texas · 1897
- Rugh v. OttenheimerOregon Supreme Court · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- City of La Grande v. Public Employes Retirement BoardOregon Supreme Court · 1978
- State v. Port of AstoriaOregon Supreme Court · 1916
- State v. Port of TillamookOregon Supreme Court · 1912
- Kiernan v. PortlandOregon Supreme Court · 1910
- Stevens v. BensonOregon Supreme Court · 1907
21 more not listed; retrieve them via the Exa API.