Palmer v. Benson
Oregon Supreme Court
From Marion: William Galloway, Judge. Statement by Mr. Justice Eakin. On the 23d day of May, 1907, the plaintiffs and others presented to the Secretary of State for filing a petition directing a reference to the people, under the referendum provision of the constitution, a measure passed by the legislative assembly in February, 1907, known as “House Bill No. 37,” to increase the annual appropriation for the support of the University of Oregon.
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From Marion: William Galloway, Judge. Statement by Mr. Justice Eakin. On the 23d day of May, 1907, the plaintiffs and others presented to the Secretary of State for filing a petition directing a reference to the people, under the referendum provision of the constitution, a measure passed by the legislative assembly in February, 1907, known as “House Bill No. 37,” to increase the annual appropriation for the support of the University of Oregon. Defendant refused to receive or file 'the said petition, and the plaintiffs bring this proceeding by mandamus to compel defendant to file said…
1Opinion of the CourtJustice Eakin
1. The constitutional provision and the form of petition provided by the statute, upon which the proceeding is based, are set out in full in Stevens v. Benson, 50 Or. 269 (91 Pac. 577). Section 2 of the act to provide for carrying into effect the initiative and referendum (Laws 1907, p. 399), so far as it relates to the question here discussed^ is:
*279“Every such sheet for petitioners’ signatures shall be attached to a full and correct copy of the title and text of the measure so proposed by the initiative petition; but such petition may be filed with the Secretary of State in numbered sections…
2Cases cited2 opinions
- Stevens v. BensonOregon Supreme Court · 1907
- Clemmensen v. PetersonOregon Supreme Court · 1899
3Cited by14 opinions
- Norris v. Cross, Secretary of StateSupreme Court of Oklahoma · 1909
- Cottonwood Development v. Foothills Area Coalition of Tucson, Inc.Arizona Supreme Court · 1982
- State ex rel. Kemper v. CarterSupreme Court of Missouri · 1914
- State v. LangworthyOregon Supreme Court · 1909
- In Re Referendum Petition No. 130, St. Question No. 395Supreme Court of Oklahoma · 1960
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