Legal Opinion

State v. MacElrath

Oregon Supreme Court

Decided April 23, 1907PublishedCited by 5 opinions

From Umatilla: William Smith, Judge. James MacElrath was convicted of selling intoxicating liquors contrary to the provisions of the local option law, and appeals. The case was submitted on briefs under the proviso of Rule 1G: 3o Or. 587/ 600. For appellant there was a brief over the name of Winter & Collier. For the State there was a brief over the names of O. W. . 1'helps, District Attorney, and John McCourt.

1Opinion of the Court

Opinion by

Mr. Chiee Justice Bean.

The local option law provides that, whenever a petition therefor signed by the requisite number of voters shall be filed with the county clerk, “the county court” shall order an election to be held at the time and place mentioned in such petition to determine whether the sale of intoxicating liquors shall be prohibited in the designated county, subdivision or precinct, and that on the eleventh day after such election, or as soon thereafter as practical, “the county court” shall hold a special session and declare the result: Laws 1905, pp. 41, 47, c. 2.

1. The…

2Cases cited6 opinions

  1. Marsden v. HarlockerOregon Supreme Court · 1906
  2. State v. RichardsonOregon Supreme Court · 1906
  3. State v. Malheur County CourtOregon Supreme Court · 1905
  4. Pacific Bridge Co. v. Clackamas CountyU.S. Circuit Court for the District of Oregon · 1891
  5. Sprigg v. StumpUnited States Circuit Court · 1881

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. State v. EdmundsOregon Supreme Court · 1909
  2. In Re Scappoose Drainage DistrictOregon Supreme Court · 1925
  3. Harney Valley Irrigation District v. WeittenhillerOregon Supreme Court · 1921
  4. State v. MaddockOregon Supreme Court · 1911
  5. Russell v. Crook County CourtOregon Supreme Court · 1915

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