McWhirter v. Brainard
Oregon Supreme Court
Appeal from Union County. In accordance witb provisions of an act of tbe Legislature of 1872, tbe question of tbe location of a county seat for Union County, Oregon, was submitted to tbe voters of said county, at tbe Presidential election of that year. Tbe places to be voted for at such election were restricted by tbe act to La Grande, Union, Cove, Oro Dell, and Summer-ville.
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Appeal from Union County. In accordance witb provisions of an act of tbe Legislature of 1872, tbe question of tbe location of a county seat for Union County, Oregon, was submitted to tbe voters of said county, at tbe Presidential election of that year. Tbe places to be voted for at such election were restricted by tbe act to La Grande, Union, Cove, Oro Dell, and Summer-ville. Neither of these points received a majority of all tbe votes cast; whereupon, as provided in tbe act, tbe question was submitted at tbe regular election of 1874, upon tlie two points having tbe greatest number of votes…
1Opinion of the Court
By the Court,
Shattuck, J.:
The objections to the decree of the court below are embraced in two propositions:
1st. That the pleadings presented issues of fact that ought to have been, but were not, tried.
2d. That the act of the Legislative Assembly in question was unconstitutional and void.
These propositions may be considered in the inverse order.
*429On the second proposition, the appellants submit tbat tbe subject matter of said act is not expressed in tbe title, as required by § 20, Art. 4 of tbe State Constitution. Tbis point was directly before tbis Court at tbe September Term, 1869, in tbe case…
2Cited by11 opinions
- Marsden v. HarlockerOregon Supreme Court · 1906
- State v. RichardsonOregon Supreme Court · 1906
- Parmeter v. BourneWashington Supreme Court · 1894
- Baker County v. BensonOregon Supreme Court · 1901
- Calder v. OrrOregon Supreme Court · 1922
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