Hofer v. Carson
Oregon Supreme Court
From Marion: G-eorge G. Bingham, Judge. Department 1. The plaintiff, a resident and taxpayer of the City of Salem, brought these proceedings by the filing of a complaint in which he seeks to enjoin the defendants, the district attorney, sheriff, and county clerk of Marion County, Oregon, chief of police of the City of Salem, and constable of Salem district, from enforcing the provisions of an act of the legislative assembly of the State of Oregon set forth in Chapter 186 of…
Read the full summary
From Marion: G-eorge G. Bingham, Judge. Department 1. The plaintiff, a resident and taxpayer of the City of Salem, brought these proceedings by the filing of a complaint in which he seeks to enjoin the defendants, the district attorney, sheriff, and county clerk of Marion County, Oregon, chief of police of the City of Salem, and constable of Salem district, from enforcing the provisions of an act of the legislative assembly of the State of Oregon set forth in Chapter 186 of the General Laws of Oregon, 1919. In his complaint the plaintiff alleges that there are now two ordinances in full force…
1Opinion of the CourtRand, J.
The plaintiff contends that under Article XI, Section 2, and Article IY, Section la of the Constitution of the state, the licensing and control of dogs kept in cities and towns are matters of purely local and municipal concern; that the power to legislate thereon resides exclusively in the legal voters of the city or town and not in the legislature of the state, and that the act in question, Chapter 186 of the General Laws of Oregon, 1919, is therefore unconstitutional and void so far as it attempts to authorize the licensing and control of dogs kept in cities and towns.
1. The enactment of…
2Cases cited48 opinions
- Cooley v. Board of Wardens of Port of Philadelphia Ex Rel. Soc. for Relief of Distressed PilotsSupreme Court of the United States · 1852
- Bowditch v. BostonSupreme Court of the United States · 1880
- Sentell v. New Orleans & Carrollton R. Co.Supreme Court of the United States · 1897
- Nicchia v. New YorkSupreme Court of the United States · 1920
- Rose v. Port of PortlandOregon Supreme Court · 1917
43 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Simpson v. City of Los AngelesCalifornia Supreme Court · 1953
- Thiele v. City and County of DenverSupreme Court of Colorado · 1957
- Burton v. GibbonsOregon Supreme Court · 1934
- Bowden v. DAVISOregon Supreme Court · 1955
- State v. MuellerWisconsin Supreme Court · 1936
6 more not listed; retrieve them via the Exa API.