Boyd v. Olcott
Oregon Supreme Court
From Multnomah: George W. Stapleton, Judge. In Bane. The purpose of this suit is to test the validity of an amendment to our state Constitution designated as Article XI-C, and to determine the constitutionality of a statute known as Chapter 201, Laws of 1921. The Circuit Court decided that the amendment was valid, and that the statute was constitutional. The plaintiff appealed.
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From Multnomah: George W. Stapleton, Judge. In Bane. The purpose of this suit is to test the validity of an amendment to our state Constitution designated as Article XI-C, and to determine the constitutionality of a statute known as Chapter 201, Laws of 1921. The Circuit Court decided that the amendment was valid, and that the statute was constitutional. The plaintiff appealed. The questions submitted for decision make it appropriate that the history of Article XI-C and of Chapter 201, Laws of 1921 be given. The history of Article XI-C begins .with a resolution, known as House Joint…
1Opinion of the CourtHarris, J.
1. The plaintiff argues that Article XI-C is void because it was not adopted in full compliance with the Constitution; and that Chapter 201 is likewise void because it was not enacted by the legislative assembly in full compliance with the Constitution. At the very outset the defendants contend that the court cannot inquire whether Article XI-C was regularly adopted by the legislative assembly or approved by the people, because it involves a political and' not a judicial question. If, however, it is held that the inquiry involves a judicial question and that therefore the court may legally…
2Cases cited39 opinions
- Field v. ClarkSupreme Court of the United States · 1892
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