Kadderly v. Portland
Oregon Supreme Court
From Multnomah: John B. Cleland, Alfred F. Sears, Jr., Arthur L. Frazer, and Melvin 0. George, Judges, in joint session. This is a suit by A. A. Kadderly and others against the City of Portland and others for an injunction.
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From Multnomah: John B. Cleland, Alfred F. Sears, Jr., Arthur L. Frazer, and Melvin 0. George, Judges, in joint session. This is a suit by A. A. Kadderly and others against the City of Portland and others for an injunction. The Constitution of this State (Art. XVII) provides: “Section 1. Any amendment or amendments to this constitution may be proposed in either branch of the legislative assembly, and if the same shall he agreed to by a majority of all the members elected to each of the two houses, such proposed amendment or amendments shall, with the yeas and nays thereon, be entered on their…
1Opinion of the CourtJustice Bean
The position of defendants is that the charter under which the city was acting at the time this suit was instituted was in force and effect, because (1) the initiative and referendum amendment of 1902 is not a part of the constitution ; and (2) if it is, laws necessary for the immediate preservation of the public peace, health, or safety are by its express provisions excepted from its operation, and the decision of the legislature that the charter belonged to the excepted class is conclusive on the courts, and cannot be challenged by the plaintiffs. The argument in support of the first…
2Cases cited41 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- Luther v. BordenSupreme Court of the United States · 1849
- Oakland Paving Co. v. HiltonCalifornia Supreme Court · 1886
- Constitutional Prohibitory AmendmentSupreme Court of Kansas · 1881
- State ex rel. Hudd v. TimmeWisconsin Supreme Court · 1882
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3Cited by152 opinions
- State Ex Rel. Huddleston v. SawyerOregon Supreme Court · 1997
- State v. MontezOregon Supreme Court · 1990
- Armatta v. KitzhaberOregon Supreme Court · 1998
- Ellingham v. DyeIndiana Supreme Court · 1912
- Crawford v. GilchristSupreme Court of Florida · 1912
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