Churchill v. Grants Pass
Oregon Supreme Court
From Josephine: Frank M. Calkins, Judge. In Banc. Statement by Mr. Chief Justice McBride. This is a suit brought by E. L. Churchill, as a citizen and taxpayer of the City of Grants Pass, for an injunction restraining the defendant city and its officers from carrying into effect certain charter amendments authorizing the issue and sale of $200,000 of bonds for the purpose of constructing a line of railroad from the City of Grants Pass, Oregon, in a southerly direction, a…
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From Josephine: Frank M. Calkins, Judge. In Banc. Statement by Mr. Chief Justice McBride. This is a suit brought by E. L. Churchill, as a citizen and taxpayer of the City of Grants Pass, for an injunction restraining the defendant city and its officers from carrying into effect certain charter amendments authorizing the issue and sale of $200,000 of bonds for the purpose of constructing a line of railroad from the City of Grants Pass, Oregon, in a southerly direction, a distance of about 10 miles, to the town of Wilder-ville, in Josephine County. The complaint recites the incorporation of the…
1Opinion of the Court
Opinion by
Mr. Chief Justice McBride.
This proceeding raises the following questions: (1) Had the legislature power to delegate to a municipality the authority to construct a railroad within and without its boundaries? (2) Was the assumption of the power to construct and operate a steam railroad within and without the boundaries of the city such local, special and municipal legislation as is provided to be delegated to municipalities by Article IV, Section la, of the Oregon Constitution? (3) Was the amendment of the municipal charter within the power granted to municipalities by Article XI,…
2Cases cited7 opinions
- Olcott v. SupervisorsSupreme Court of the United States · 1873
- Straw v. HarrisOregon Supreme Court · 1909
- The People Ex Rel. Murphy v. . KellyNew York Court of Appeals · 1879
- Weismer v. . Village of DouglasNew York Court of Appeals · 1876
- David v. Portland Water CommitteeOregon Supreme Court · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- State v. Port of AstoriaOregon Supreme Court · 1916
- State Ex Rel. Heinig v. City of MilwaukieOregon Supreme Court · 1962
- Foeller v. Housing Authority of PortlandOregon Supreme Court · 1953
- DeFazio v. Washington Public Power Supply SystemOregon Supreme Court · 1984
- David Jeffrey Co. v. City of MilwaukeeWisconsin Supreme Court · 1954
22 more not listed; retrieve them via the Exa API.