Winslow v. Fleischner

There is no doubt that the order complained of is in harmony with the second paragraph of Section 8, Chapter 66, General Laws of 1921. The defendants contend that under the authority of Winslow v. Fleischner et al., 110 Or. 554 (223 Pac. 922), the order is valid. The contention is that the case above cited rules that the game commission is authorized by said Section 8 to close any one season. *26But we do not think that is the proper construction of the court’s opinion in that case. Following the thoroughly established practice of this court, we would not declare an act of the legislature void,…