State v. School District No. 3
Oregon Supreme Court
From Clatsop: James A. Eakin, Judge. Statement by Mr. Justice Bean. This is a suit in the name of the State of Oregon, upon the relation of B. W. Otto, against School District No. 3 of Clatsop County, Oregon.
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From Clatsop: James A. Eakin, Judge. Statement by Mr. Justice Bean. This is a suit in the name of the State of Oregon, upon the relation of B. W. Otto, against School District No. 3 of Clatsop County, Oregon. The facts are as follows: In 1915 the legislature of the State of Oregon passed an act providing for the dissolution of union high school districts: Laws 1915, pp. 52-55. In August of the same year the regular electors of school districts Nos. 3,10,15, 36 and 37, comprising Union High School District No. 1 of Clatsop County, filed with the district boundary board tbeir written petitions,…
1Opinion of the CourtJustice Bean
1. Plaintiff claims that the a&t under which the election was held is unconstitutional, for the reason that the power to repeal charters of municipal corporations, either by special or general laws, has been withdrawn from the legislature by the amendment to Section 2 of Article XI of the Constitution, which provides:
“The legislative assembly shall not enact, amend, or repeal any charter or act of incorporation for any mu*191nicipality, city, or town. The legal voters of every city and town are hereby granted power to enact and amend their municipal charter, subject to the Constitution and…
2Cases cited10 opinions
- David v. Portland Water CommitteeOregon Supreme Court · 1886
- Branch v. AlbeeOregon Supreme Court · 1914
- Schubel v. OlcottOregon Supreme Court · 1912
- ACME Dairy Co. v. AstoriaOregon Supreme Court · 1907
- State v. PortlandOregon Supreme Court · 1913
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3Cited by3 opinions
- Northern Wasco County People's Utility District v. Wasco CountyOregon Supreme Court · 1957
- Jacobberger v. School District No. 1Oregon Supreme Court · 1927
- State Board of Education v. FasoldOregon Supreme Court · 1968