Multnomah County v. Mittleman

LEE, cL,

dissenting.

One of the defendants’ contentions was that plaintiff’s taxing ordinance violates Art IX, § 1a of the Oregon Constitution which in pertinent part provides:

"* * * The Legislative Assembly shall not declare an emergency to any act regulating taxation or exemption.” (Emphasis supplied.)

I dissent because the majority has not met this constitutional question which I feel is dispositive of this case.

On November 8, 1960 the people enacted, by initiative, Art VI, § 10 of the Oregon Constitution which provides in part that:

"* * * The initiative and referendum powers reserved to the…