Stevenson v. Port of Portland
Oregon Supreme Court
From Multnomah: George N. Davis, Judge. In Banc. Statement by Mr. Justice Harris. This is a suit by John H. Stevenson against the Port of Portland, a municipal corporation, and R. D. Inman, J. W. Shaver, D. 0. O’Reilly, A. L. Pease, W. H. Patterson, E. W. Spencer and Alfred Tucker, board of commissioners.
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From Multnomah: George N. Davis, Judge. In Banc. Statement by Mr. Justice Harris. This is a suit by John H. Stevenson against the Port of Portland, a municipal corporation, and R. D. Inman, J. W. Shaver, D. 0. O’Reilly, A. L. Pease, W. H. Patterson, E. W. Spencer and Alfred Tucker, board of commissioners. The facts are as follows: The Port of Portland plans to erect and maintain coal-bunkers and to supply ships with coal; and the plaintiff, who is a taxpayer, sued to enjoin the defendant from carrying out its plans. The trial court dismissed the suit when the plaintiff declined to plead…
1Opinion of the CourtJustice Harris
1. The plaintiff contends that when the Port of Portland supplies vessels with coal, it conducts a private competitive business, while the defendant argues that under all the surrounding circumstances it accomplishes a public rather than a private purpose when *580it furnishes coal to steamships. The Port of Portland is not claiming that it has a right to exist for the sole purpose of selling coal as a business, but it does insist that there is no constitutional inhibition against granting power to it to furnish coal to ships when that power is considered in connection with the object for which…
2Cases cited14 opinions
- Loan Assn. v. TopekaSupreme Court of the United States · 1875
- People ex rel. Detroit & Howell Railroad v. Township BoardMichigan Supreme Court · 1870
- Sun Printing & Publishing Ass'n v. Mayor of New YorkNew York Court of Appeals · 1897
- Rose v. Port of PortlandOregon Supreme Court · 1917
- Laughlin v. City of PortlandSupreme Judicial Court of Maine · 1914
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3Cited by5 opinions
- Stanley v. JeffriesMontana Supreme Court · 1929
- Nash v. . TarboroSupreme Court of North Carolina · 1947
- Kinney v. AstoriaOregon Supreme Court · 1923
- Nash v. Town of TarboroSupreme Court of North Carolina · 1947
- McClintock v. City of RoseburgOregon Supreme Court · 1928