Legal Opinion

Kiernan v. Portland, Oregon

Supreme Court of the United States

Decided February 19, 1912No. 503PublishedCited by 27 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF OREGON. •The' facts, which involve the constitutionality under § 4 of Art. IV of the Federal Constitution of the initiative and referendum provision of the constitution of the State of Oregon', are stated in the opinion.

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ERROR TO THE SUPREME COURT OF THE STATE OF OREGON. •The' facts, which involve the constitutionality under § 4 of Art. IV of the Federal Constitution of the initiative and referendum provision of the constitution of the State of Oregon', are stated in the opinion. The initiative and referendum amendment, Art. IV, §1; of the Oregon 'constitution, adopted June 2, 1902, is invalid, as it changes the former republican form of government of the State of Oregon into a pure democracy, in violation of § 4, Art. IV, ofj.the Constitution of the United States, which guarantees to every State in…

1Opinion of the CourtChief Justice White

Following the'incorporation into the constitution of the State of Oregon in 1902 of the initiative and referendum amendment referred to in the case of Pacific States Telephone & Telegraph Co. v. Oregon, just decided, two other amendments to the constitution were adopted by that method, designated, the first as Article IV, § la, and the second as Article XI, § 2. ' The pertinent provisions of Article IV, § la-, and of Article XI, § 2, are in the margin. 1 . .

The legislature (Feb. 25, 1907, Laws of 1907, chap. 226, p. 398), authorized municipalities to provide by ordinance for carrying into…

2Cited by27 opinions

  1. Baker v. CarrSupreme Court of the United States · 1962
  2. Mountain Timber Company v. State of WashingtonSupreme Court of the United States · 1916
  3. State Ex Rel. Huddleston v. SawyerOregon Supreme Court · 1997
  4. Zancanelli v. Central Coal & Coke Co.Wyoming Supreme Court · 1918
  5. State v. Mountain Timber Co.Washington Supreme Court · 1913

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