Carriker v. Lake County
Oregon Supreme Court
From Lake : L. F. Conn, Judge. Department 1. Statement by Mr. Justice Harris. This suit involves the question of whether the voters of Lake County can, in the exercise of the initiative and without an enabling act, enact a law authorizing the County Court to levy taxes for the payment of bounties on jackrabbits.
Read the full summary
From Lake : L. F. Conn, Judge. Department 1. Statement by Mr. Justice Harris. This suit involves the question of whether the voters of Lake County can, in the exercise of the initiative and without an enabling act, enact a law authorizing the County Court to levy taxes for the payment of bounties on jackrabbits. A petition was signed by more than 15 per cent of the legal voters residing in Lake County and filed with the Secretary of State on July 7, 1916, asking that a proposed measure providing for the levying of taxes for the payment of bounties on jackrabbits killed in Lake County, be…
1Opinion of the Court
HARRIS, J. —
1. Article IX, Section 3, of the state Constitution provides that “no tax shall be levied except in pursuance of law.” Unless the jackrabbit bounty tax was levied “in pursuance of law” it would contravene the Constitution and therefore would be invalid. There is no law authorizing the levy of the tax in question unless it can be said that the measure voted upon by the people of Lake County became a law when a majority of the voters by their ballots registered their approval of the measure on election day. The validity of the the measure depends upon whether the voters had power to…
2Cases cited2 opinions
- Rose v. Port of PortlandOregon Supreme Court · 1917
- Barber v. JohnsonOregon Supreme Court · 1917
3Cited by16 opinions
- Allison v. Washington CountyCourt of Appeals of Oregon · 1976
- State Ex Rel. McPherson v. SnellOregon Supreme Court · 1942
- School District No. 17 v. PowellOregon Supreme Court · 1955
- State Ex Rel. Swan v. KozerOregon Supreme Court · 1925
- Allen v. LangstonSupreme Court of Arkansas · 1949
11 more not listed; retrieve them via the Exa API.