Robertson v. Groves
Oregon Supreme Court
Appeal from Benton County. At an election for city officers, held in the city of Corvallis on the first Monday in May, 1871, Robertson and Groves were competing candidates for the office of City Recorder. Robertson was declared elected and a certificate of election was issued to him, under which he qualified and entered upon the discharge of the duties of the office.
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Appeal from Benton County. At an election for city officers, held in the city of Corvallis on the first Monday in May, 1871, Robertson and Groves were competing candidates for the office of City Recorder. Robertson was declared elected and a certificate of election was issued to him, under which he qualified and entered upon the discharge of the duties of the office. Thereafter Groves applied to the Common Council for leave to contest Robertson’s election, which was granted, and a committee appointed to conduct the trial. The contest was determined in favor of Groves. Thereupon Robertson…
1Opinion of the Court
By the Court,
Bonham, J.:
The material, and really the only question in this case, is one of jurisdiction. Has the Common Council of the city of Corvallis authority, under its charter and the ordinances passed in pursuance thereof, to hear and determine contests for city offices ?
It is not claimed by the appellants that the Legislative Assembly has ever directly or expressly conferred such authority upon the city of Corvallis, but they do claim that by necessary implication the city authorities possess such right. And whether that position be correct is the question which we are called upon to…
2Cited by2 opinions
- Simon v. Portland Common CouncilOregon Supreme Court · 1881
- Weiss v. Board of County Commissioners of Jackson CountyOregon Supreme Court · 1880