City of Corvallis v. Carlile
Oregon Supreme Court
Appeal from Benton County. The facts are stated in the opinion. Contend that municipal corporations have no power except those expressly given, or which are necessary to the exercise of expressly conferred powers. {City of OaMa/nd v. Carpenter, 13 Cal., 540; Bobertson v. Groves, 4 Oregon, 210: Kent’s Com., 360 and note; Cooley on Const.
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Appeal from Benton County. The facts are stated in the opinion. Contend that municipal corporations have no power except those expressly given, or which are necessary to the exercise of expressly conferred powers. {City of OaMa/nd v. Carpenter, 13 Cal., 540; Bobertson v. Groves, 4 Oregon, 210: Kent’s Com., 360 and note; Cooley on Const. Lim., 193-4, and note.) The authority to provide for the health and peace of the city, does not include good order or trade, as all charters do relied upon by respondent. (Charter of Corvallis, sec. 6, p. 5; Dillon on Municipal Corporations, sec. 330; 9 Ohio…
1Opinion of the Court
By the Court,
Lord, O. J.:
The appellant was convicted in the recorder’s court of the city of Corvallis, and sentenced to pay a fine, for keeping open his store in violation of a city ordinance, entitled “An ordinance to provide for the closing of stores, shops and places of business on Sunday.” The important and really the only question which we are required to decide is, “Did the city council have the power, under their charter, to provide by ordinance against stores and shops being kept open on the first day of the week, commonly called Sunday, for the purpose of labor and traffic ?”
A…
2Cases cited5 opinions
- Bliven v. New England Screw Company.Supreme Court of the United States · 1860
- City of St. Louis v. CafferataSupreme Court of Missouri · 1856
- City of Mount Pleasant v. BreezeSupreme Court of Iowa · 1860
- Yosti v. LaughranSupreme Court of Missouri · 1872
- Collins v. JenningsSupreme Court of Iowa · 1876
3Cited by33 opinions
- United States v. BridgemanCourt of Appeals for the D.C. Circuit · 1975
- Adams v. City of ShelbyvilleIndiana Supreme Court · 1900
- Picray v. SealockCourt of Appeals for the Ninth Circuit · 1998
- Scott v. City of LaporteIndiana Supreme Court · 1903
- Fisher v. City of AstoriaOregon Supreme Court · 1928
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