Legal Opinion

Kiernan v. Portland

Oregon Supreme Court

Decided November 1, 1910PublishedCited by 49 opinions

From Multnomah: George H. Burnett, Judge. Statement by Mr. Justice McBride. This is a suit by Frank Kiernan against the city of Portland, a municipal corporation, Joseph Simon, mayor of the city of Portland, A. L. Barbur, auditor of the city of Portland, and Joseph Buchtel.

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From Multnomah: George H. Burnett, Judge. Statement by Mr. Justice McBride. This is a suit by Frank Kiernan against the city of Portland, a municipal corporation, Joseph Simon, mayor of the city of Portland, A. L. Barbur, auditor of the city of Portland, and Joseph Buchtel. Article V, sections 75 to 92, inclusive, of the city charter, provides the method by which the city of Portland may construct or acquire public utilities, including bridges, but prohibits the city from entering into any contract for such purpose until the question is first submitted to the vote of the electors. On April 7,…

1Opinion of the CourtJustice McBride

1. Viewed in the light of our constitution and the ordinance of the city of Portland passed in pursuance thereof, the validity of section 1181/4 of the city charter seems clear. Article XI, Section 2, of our constitution, as amended June 4, 1906, is as follows:

“The legal voters of every city and town are hereby granted power to enact and amend their municipal charter, subject to the constitution and criminal laws of the state. * *”

In Acme Dairy Co. v. Astoria, 49 Or. 520 (90 Pac. 153), we held this provision not to be self-executing, and that in the absence of the legislation to the contrary,…

2Cases cited5 opinions

  1. Jones v. StateIndiana Supreme Court · 1899
  2. Simon v. NorthupOregon Supreme Court · 1895
  3. ACME Dairy Co. v. AstoriaOregon Supreme Court · 1907
  4. Patton v. WatkinsSupreme Court of Alabama · 1901
  5. Kundinger v. City of SaginawMichigan Supreme Court · 1903

3Cited by49 opinions

  1. State Ex Rel. Huddleston v. SawyerOregon Supreme Court · 1997
  2. State v. MontezOregon Supreme Court · 1990
  3. State v. Port of AstoriaOregon Supreme Court · 1916
  4. Lovejoy v. PortlandOregon Supreme Court · 1920
  5. State ex rel. Richards v. WhismanSouth Dakota Supreme Court · 1915

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