State v. Hodgin
Oregon Supreme Court
Original proceedings in Supreme Court. In Banc. Statement by Mr. Justice Benson. This is an original application for quo warranto by the State of Oregon, on the relation of F. S. Ivanhoe against John S. Hodgin. The legislature, at its regular session in 1913, passed an act providing for a district attorney for each county in the state, who should hold office for a term of four •years, and until his successor is elected and qualified.
Read the full summary
Original proceedings in Supreme Court. In Banc. Statement by Mr. Justice Benson. This is an original application for quo warranto by the State of Oregon, on the relation of F. S. Ivanhoe against John S. Hodgin. The legislature, at its regular session in 1913, passed an act providing for a district attorney for each county in the state, who should hold office for a term of four •years, and until his successor is elected and qualified. The act further provides as follows-: “Each of the district attorneys in office when this act goes into effect shall then become and be the district attorney for…
1Opinion of the CourtJustice Benson
Plaintiff contends that, after the act of 1913 became effective, he still held the office of district attorney for Union County by virtue of his election in 1910, and that Section 1 of Article XV of the Constitution of Oregon prevents the legislature from declaring a vacancy which may be filled by appointment. This section reads:
“All officers, except members of the legislative assembly, shall hold their offices until their successors are elected and qualified. ’ ’
Defendant contends that the act of 1913, providing for a district attorney for each county, “abolished every then existing judicial…
2Cases cited3 opinions
- Stocking v. StateIndiana Supreme Court · 1855
- Cline v. GreenwoodOregon Supreme Court · 1882
- Phy v. WrightOregon Supreme Court · 1915
3Cited by6 opinions
- State v. McClardOregon Supreme Court · 1916
- Sweeney v. StateArizona Supreme Court · 1922
- Allman v. PottsMontana Supreme Court · 1962
- Black v. ArizalaCourt of Appeals of Oregon · 2002
- Black v. ArizalaCourt of Appeals of Oregon · 2002
1 more not listed; retrieve them via the Exa API.