Tillamook City v. Tillamook County
Oregon Supreme Court
From Tillamook: William Galloway, Judge. Statement by Mr. Justice McBride. The plaintiff in this case was incorporated by the legislature by a special act passed at the session of 1893; the act of incorporation being found at pages 545 to 564 of the Session Laws of Oregon for 1893. It is provided in the charter of plaintiff, among other things (pages 551, 552, Laws 1893), that the common council shall have power within the limits of plaintiff “to collect road tax from all…
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From Tillamook: William Galloway, Judge. Statement by Mr. Justice McBride. The plaintiff in this case was incorporated by the legislature by a special act passed at the session of 1893; the act of incorporation being found at pages 545 to 564 of the Session Laws of Oregon for 1893. It is provided in the charter of plaintiff, among other things (pages 551, 552, Laws 1893), that the common council shall have power within the limits of plaintiff “to collect road tax from all property in said corporation equal to that now levied by law for road purposes, to be expended upon the highways, streets,…
1Opinion of the CourtJustice McBride
1. The decision of this case turns primarily upon the construction to be given to sub-section 2, § 2, Article 4, of the Charter of Tillamook City (Sess. Laws 1898, pp. 551, 552). Among other powers granted the plaintiff by this section is found the following:
“To collect road tax from all property in said corporation equal to that now levied by law for road purposes, to be expended upon highways, streets and alleys within said corporation under the supervision of the common council, and the citizens and property within said corporation shall be exempt from the same taxes for county road…
2Cases cited5 opinions
- King v. MillerOregon Supreme Court · 1908
- Johnson v. Crook CountyOregon Supreme Court · 1909
- Pike v. KennedyOregon Supreme Court · 1887
- Eugene v. Lane CountyOregon Supreme Court · 1908
- Beard v. SmithCourt of Appeals of Kentucky · 1828
3Cited by7 opinions
- Arbogast v. Pilot Rock Lumber Co.Oregon Supreme Court · 1959
- State v. CasedayOregon Supreme Court · 1911
- Campbell v. HuntCourt of Appeals of Georgia · 1967
- State Ex Rel. Harth v. PhippsOregon Supreme Court · 1931
- Johnson v. Jackson CountyOregon Supreme Court · 1913
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