State ex rel. Everding v. Simon
Oregon Supreme Court
Multnomah county: E. D. Shattuck, Judge. Plaintiffs appeal. The presumption is, that the legislature does not intend to make any alterations in the law beyond what it explicitly declares, either in express terms, or by unmistakable implication; or in other words beyond the immediate scope and object of the statute. In all general matters beyond, the law remains undisturbed.
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Multnomah county: E. D. Shattuck, Judge. Plaintiffs appeal. The presumption is, that the legislature does not intend to make any alterations in the law beyond what it explicitly declares, either in express terms, or by unmistakable implication; or in other words beyond the immediate scope and object of the statute. In all general matters beyond, the law remains undisturbed. (Endlich on Statutes § 340; Ham v. Boston Board of Police, 142 Mass. 90; People v. Potter, 47 N. Y. 381; People v. Brenham, 3 Cal. 487; Wright v. Adams, 45 Tex. 134.) It is well settled by authority that an amendment…
1Opinion of the CourtBean, J.
— This case involves a controversy between the relator Pichard Everding and the respondent Joseph Simon concerning the right to exercise the office of police commissioner of the city of Portland. The facts are these: In 1885, section 72 of the charter of the city of Portland was so amended as to provide that the police force of the city shall be appointed and organized by three commissioners, and prescribing the qualifications and duties of these officers. This act provides that the first three commissioners shall be appointed by the governor, and shall hold their office for *369one, two and…
2Cases cited21 opinions
- Hobbs v. McLeanSupreme Court of the United States · 1886
- State ex rel. Carson v. HarrisonIndiana Supreme Court · 1888
- People v. TiltonCalifornia Supreme Court · 1869
- People Ex Rel. Fowler v. BullNew York Court of Appeals · 1871
- People Ex Rel. Brown v. WoodruffNew York Court of Appeals · 1865
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3Cited by53 opinions
- United States F. & G. Co. v. BramwellOregon Supreme Court · 1923
- Malloy v. Marshall-Wells Hardware Co.Oregon Supreme Court · 1918
- Branch v. AlbeeOregon Supreme Court · 1914
- Dilger v. School District 24CJOregon Supreme Court · 1960
- State v. YoungOregon Supreme Court · 1915
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