Legal Opinion

Palmberg v. Kinney

Oregon Supreme Court

Decided May 20, 1913PublishedCited by 4 opinions

From Clatsop: James U. Campbell, Judge. Statement by Mr. Justice Moore. This is a suit by Charles Gr. Palmbe'rg, a resident property holder of the city of Astoria, against Alfred Kinney, W. C. Logan, W. E. Schimpff, W. P. O’Brien, Norris Staples, Martin Franciscovich, E. Haute, Andrew Birch, and Jens H. Hansen, bona fide resident taxpayers of that city, comprising the sanitary and reclamation commission of the city of Astoria, hereinafter called the commission, to enjoin the…

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From Clatsop: James U. Campbell, Judge. Statement by Mr. Justice Moore. This is a suit by Charles Gr. Palmbe'rg, a resident property holder of the city of Astoria, against Alfred Kinney, W. C. Logan, W. E. Schimpff, W. P. O’Brien, Norris Staples, Martin Franciscovich, E. Haute, Andrew Birch, and Jens H. Hansen, bona fide resident taxpayers of that city, comprising the sanitary and reclamation commission of the city of Astoria, hereinafter called the commission, to enjoin the construction of bulkheads or retaining whlls, and the filling in of tide lands, and to have an amendment of the…

1Opinion of the CourtJustice Moore

1. It is contended that the notice of the filing of the petition was not published “immediately,” as required by ordinance No. 3315. Section 4 thereof provides that, when a petition for the initiative or referendum shall be filed, the police judge shall compare the signatures on the application with the signatures in the registration books and blanks on file in his office. Section 5 of that ordinance declares that, when any such petition is filed, the police judge shall decide in the first *224instance whether or not the application entitles the subscribers to have the measure referred to the…

2Cases cited10 opinions

  1. Wurts v. HoaglandSupreme Court of the United States · 1885
  2. Bowes v. City of AberdeenWashington Supreme Court · 1910
  3. State v. MullerOregon Supreme Court · 1906
  4. Grossman v. City of OaklandOregon Supreme Court · 1895
  5. Wygant v. McLauchlanOregon Supreme Court · 1901

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3Cited by4 opinions

  1. Chan Sing v. AstoriaOregon Supreme Court · 1916
  2. National Currency Exchange, Inc. v. PerkinsAppellate Court of Illinois · 1964
  3. Wood v. City of St. JosephMissouri Court of Appeals · 1945
  4. Thielke v. AlbeeOregon Supreme Court · 1915

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