Mayhew v. City of Eugene
Oregon Supreme Court
From Lane: Lawrence T. Harris, Judge. Statement by Mr. Justice McBride. An' ordinance of the city of Eugene contained the following section: “Sec. 6. That all places within the limits of the city of Eugene wherein intoxicating liquors are sold, bartered or given away, in violation of this ordinance, or where idle or dissolute persons are permitted to congregate for the purpose of drinking intoxicating liquors as a beverage, or where intoxicating liquors are kept for sale or…
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From Lane: Lawrence T. Harris, Judge. Statement by Mr. Justice McBride. An' ordinance of the city of Eugene contained the following section: “Sec. 6. That all places within the limits of the city of Eugene wherein intoxicating liquors are sold, bartered or given away, in violation of this ordinance, or where idle or dissolute persons are permitted to congregate for the purpose of drinking intoxicating liquors as a beverage, or where intoxicating liquors are kept for sale or barter in violation of law or this ordinance, are hereby declared to be a common nuisance, and any person, firm or…
1Opinion of the CourtJustice McBride
1. It is contended that the city of Eugene had no power under its charter to pass the ordinance under which defendant was convicted. Subdivison 8 of section 48 of the city charter of Eugene provides that the city shall have power “to prevent, regulate, prohibit and remove nuisances, and to declare by ordinance what shall constitute the same.” Sp. Laws 1905, p. 251, § 48, subd. 8. Under this power the great weight of authority is to the effect that so long as the definition of a nuisance in a charter is not clearly arbitrary and unjust, and manifestly wrong, the courts will uphold it. 2…
2Cases cited11 opinions
- Portland v. YickOregon Supreme Court · 1904
- State v. StewartOregon Supreme Court · 1883
- City of Solomon v. HughesSupreme Court of Kansas · 1880
- Downing v. City of MiltonvaleSupreme Court of Kansas · 1887
- Town of Moundsville v. VeltonWest Virginia Supreme Court · 1891
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3Cited by13 opinions
- State v. O'BrienSupreme Court of Vermont · 1934
- State v. SchluerOregon Supreme Court · 1911
- State v. SmithOregon Supreme Court · 1921
- State v. TuckerWashington Supreme Court · 1926
- Birnie v. La GrandeOregon Supreme Court · 1915
8 more not listed; retrieve them via the Exa API.