State v. Port of Astoria
Oregon Supreme Court
From Clatsop: James A. Eakin, Judge. Statement by Mr. Justice Harris. This is a suit on the relation of C. W. Mullins, District Attorney of Clatsop County, against the Port of Astoria, a municipal corporation, and Gr. B. McLeod and others, commissioners of the port.
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From Clatsop: James A. Eakin, Judge. Statement by Mr. Justice Harris. This is a suit on the relation of C. W. Mullins, District Attorney of Clatsop County, against the Port of Astoria, a municipal corporation, and Gr. B. McLeod and others, commissioners of the port. In 1909 the legislature enacted a law "to provide for incorporation under general law of ports in counties bordering upon bays or rivers navigable from the sea or containing bays or rivers navigable from the sea, and to provide for the manner of incorporating such ports and defining the powers of ports so incorporated." The…
1DissentJustice Bean
delivered the following dissenting opinion.
But one question is necessarily involved in this suit, viz.: What force or construction shall be given to Chapter 53 of the Laws of 1915, amending Section 6121, L. O. L.? In strict harmony with that part of Article XI, Section 2 of the Constitution which provides that “corporations may be formed under general laws, but shall not be created by the legislative assembly by special laws,” the legislature enacted Chapter 39 of the Laws of 1909 (Section 6114, L. O. L., etc.), providing for the incorporation under general law of municipalities designated as…
2Cases cited20 opinions
- Straw v. HarrisOregon Supreme Court · 1909
- Kalich v. KnappOregon Supreme Court · 1914
- Paulson v. City of PortlandOregon Supreme Court · 1888
- Branch v. AlbeeOregon Supreme Court · 1914
- Sheridan v. City of SalemOregon Supreme Court · 1886
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