Sears v. Steel
Oregon Supreme Court
From Marion: William Galloway, Judge. Statement by Mr. Justice McBride. This, is a suit brought by James K. Sears, a citizen and taxpayer of Oregon, against Geo.
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From Marion: William Galloway, Judge. Statement by Mr. Justice McBride. This, is a suit brought by James K. Sears, a citizen and taxpayer of Oregon, against Geo. A. Steel and F. W. Benson, respectively, .as State Treasurer and Secretary of State, to enjoin the issuance and payment of a warrant under an act entitled “An Act appropriating $100,000 to aid in the construction of a State road from the Pacific Ocean via Crater Lake to the Idaho boundary, and to provide for the appointment of a commission to supervise the expenditure of such money and to superintend the construction of such road.”…
1DissentJustice King
delivered the following dissenting opinion:
1. I am of the opinion that the decree of the trial court should be reversed, and one entered dismissing the suit; and the importance of the question presented, and far-reaching effect of the conclusion announced by the majority, demands that I state the reasons impelling me to differ from my associates.
The only point properly presented by the pleadings, and entitled to serious attention, is the one considered in the opinion, as to whether the act in question contravenes Section 23, Article IV, of our State Constitution. I will therefore direct my…
2Cases cited30 opinions
- Kadderly v. PortlandOregon Supreme Court · 1903
- Caseday v. LindstromOregon Supreme Court · 1904
- In Re Niagara Falls & Whirlpool Railway Co.New York Court of Appeals · 1888
- Straw v. HarrisOregon Supreme Court · 1909
- State ex rel. Cothren v. LeanWisconsin Supreme Court · 1859
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