Legal Opinion

City of Eugene v. Willamette Valley Co.

Oregon Supreme Court

Decided October 27, 1908PublishedCited by 10 opinions

From Lane: Lawrence T. Harris, Judge. Statement by Mr. Justice Moore. This is a suit by the City of Eugene, a municipal corporation, against the Willamette Valley Co., a private corporation, to enforce the specific performance of a contract to convey real property. The complaint states generally that the charter of the City of Eugene, filed in the office of the Secretary of State, February 18, 1905 (Sp.

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From Lane: Lawrence T. Harris, Judge. Statement by Mr. Justice Moore. This is a suit by the City of Eugene, a municipal corporation, against the Willamette Valley Co., a private corporation, to enforce the specific performance of a contract to convey real property. The complaint states generally that the charter of the City of Eugene, filed in the office of the Secretary of State, February 18, 1905 (Sp. Laws Or. 1905, p. 243), empowers the common council to construct or purchase, acquire, and operate a complete system of waterworks, with all necessary appliances, and such real property,…

1Opinion of the CourtJustice Moore

1. It is argued by defendant’s counsel that in attempting to amend Sections 108 and 112 of the city charter (Sp. Laws 1905, pp. 274, 275), two distinct propositions were united, so that voters were deprived of an opportunity to express an opinion as to the merits of the *494separate measures and were induced to vote for both, which they might not have done if the questions had been submitted singly. The Organic Law contains the following clause: ' “The legislative assembly shall not enact, amend, or repeal any charter or act of incorporation for any municipality, city, or town. The legal voters…

2Cases cited8 opinions

  1. Loan Assn. v. TopekaSupreme Court of the United States · 1875
  2. United States v. New OrleansSupreme Court of the United States · 1879
  3. State ex rel. Town of Canton v. AllenSupreme Court of Missouri · 1903
  4. Avery v. JobOregon Supreme Court · 1894
  5. Allison v. HattonOregon Supreme Court · 1905

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3Cited by10 opinions

  1. People ex rel. Moore v. PerkinsSupreme Court of Colorado · 1913
  2. Ronnow v. City of Las VegasNevada Supreme Court · 1937
  3. State v. PortlandOregon Supreme Court · 1913
  4. Baker, Watts & Co. v. SaxonDistrict Court, District of Columbia · 1966
  5. City of Salem v. Oregon-Washington Water Service Co.Oregon Supreme Court · 1933

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