State v. Compson
Oregon Supreme Court
From Multnomah: E. D. Shattuck, Judge. This is an action maintained in the name of the State, upon the relation of Albert I. Wagner, to oust H. B. Compson from a public office.
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From Multnomah: E. D. Shattuck, Judge. This is an action maintained in the name of the State, upon the relation of Albert I. Wagner, to oust H. B. Compson from a public office. It is alleged in the complaint that on February 17, 1893, the legislative assembly chose, for the term of two years, I. A. Macrum, J. B: Eddy, and H. B. Compson, as railroad commissioners, who duly qualified as such, and entered on the discharge of their duties; that said assembly, at its biennial session of 1895, neglected to appoint any successors to said commissioners, who, claiming to hold over, continued to…
1Per curiam
The contention in behalf of the relator is, first, that the act creating the Board of Railroad Commissioners (Hill’s Ann. Laws, § 4002 et seq.) is unconstitutional, in so far as it attempts to vest in the legislative assembly the power of appointing the incumbents, and that the assumption of that authority by the lawmaking department trenches upon the prerogative of the Governor, upon whom the duty of filling vacancies in State offices devolves. But this identical question has twice been held adversely to relator’s contention by this court, and can therefore no longer be regarded as an open…
2Cases cited30 opinions
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- The People v. . Simeon DraperNew York Court of Appeals · 1857
- People ex rel. Le Roy v. HurlbutMichigan Supreme Court · 1871
- Mayor of Baltimore v. State ex rel. Board of PoliceCourt of Appeals of Maryland · 1860
- State ex rel. Attorney-General v. CovingtonOhio Supreme Court · 1876
25 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- State Ex Rel. Martin v. PrestonSupreme Court of North Carolina · 1989
- State ex rel. Davis v. OsborneArizona Supreme Court · 1912
- People v. ShawyerWyoming Supreme Court · 1924
- Fyfe v. Kent County ClerkMichigan Supreme Court · 1907
- Shackelford v. WestSupreme Court of Georgia · 1912
22 more not listed; retrieve them via the Exa API.