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.”…
1Opinion of the CourtJustice McBride
1. The first objection to the constitutionality of the act in question is predicated upon the ground that it is in violation of Section 23, Article IV, of the constitution of this State. Said section is as follows: “The legislative assembly shall not pass special or local laws in any of the *552following enumerated cases, that is to say,— * * 7. For laying, opening and working on highways, and for the election or appointment of supervisors.” Is the act in question an act for laying, opening or working a highway, and, if so, is it a special or local act? If both these conditions concur, the act…
2Cases cited5 opinions
- Ellis v. FrazierOregon Supreme Court · 1901
- Crawford v. Linn CountyOregon Supreme Court · 1884
- Maxwell v. Tillamook CountyOregon Supreme Court · 1891
- Allen v. HirschOregon Supreme Court · 1880
- Manning v. KlippelOregon Supreme Court · 1881
3Cited by7 opinions
- Stoppenback v. Multnomah CountyOregon Supreme Court · 1914
- McKinney v. WatsonOregon Supreme Court · 1915
- Rockhill v. BensonOregon Supreme Court · 1920
- Salmon River-Grande Ronde Highway Improvement Dist. v. ScottOregon Supreme Court · 1933
- Calkins v. Lane CountyOregon Supreme Court · 1922
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