Livesley v. Litchfield
Oregon Supreme Court
From Marion: George H. BurNett, Judge. Statement by Mr. Justice Bean. This is an action for damages by Charles S. Livesley against G. P. Litchfield and David Steiner. The object of the proceeding is to test the constitutionality of the provision in the charter of the City of Salem prohibiting any person from voting at a city election “who has not paid, unless he be exempt therefrom, a road poll tax for the year in which he offers to vote”: Sp.
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From Marion: George H. BurNett, Judge. Statement by Mr. Justice Bean. This is an action for damages by Charles S. Livesley against G. P. Litchfield and David Steiner. The object of the proceeding is to test the constitutionality of the provision in the charter of the City of Salem prohibiting any person from voting at a city election “who has not paid, unless he be exempt therefrom, a road poll tax for the year in which he offers to vote”: Sp. Laws 1903, 351. The plaintiff, who resided in the city and possessed all the qualifications of a voter therein, except he had not paid a poll tax,…
1Opinion of the CourtJustice BeaN
1. The general rule is that the electorate of a state or any of its governmental subdivisions is created and defined by the fundamental law, and that the source of all authority to vote at any popular election is the state constitution. Any citizen possessing the qualifications of an elector as defined by that instrument, and who is not disqualified by any of its provisions, is entitled to the right of suffrage, *250and it is not within the power of the legislature to deny, abridge, extend or change the qualifications so prescribed: Cooley, Const. Lim. (7 ed.), 899; 10 Am. & Eng. Enc. Law (2…
2Cases cited13 opinions
- People ex rel. Le Roy v. HurlbutMichigan Supreme Court · 1871
- State ex rel. Lamar v. DillonSupreme Court of Florida · 1893
- Belles v. BurrMichigan Supreme Court · 1889
- The People of N.C. Ex Rel . Van Bokkelen v. . CanadaySupreme Court of North Carolina · 1875
- Hanna v. YoungCourt of Appeals of Maryland · 1896
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- duPont v. MillsSuperior Court of Delaware · 1937
- Wright v. Blue Mountain Hospital DistrictOregon Supreme Court · 1958
- Johnson v. County of Grand ForksNorth Dakota Supreme Court · 1907
- Pearce v. RoseburgOregon Supreme Court · 1915
- School District No. 17 v. PowellOregon Supreme Court · 1955
11 more not listed; retrieve them via the Exa API.