Legal Opinion

White v. Mears

Oregon Supreme Court

Decided January 11, 1904PublishedCited by 5 opinions

From Multnomah.: John B. Cleland, Alfred F. Sears, Jr., and Melvin C. George, Judges, in joint session. This is a suit by Harry White and “Mysterious” Billy Smith against S. M. Mears and others, constituting the board of commissioners for licensing sailors’ boardinghouses, to enjoin interference with the keeping of a sailors’ boarding house, on the ground that the act under which the commissioners are acting (Laws 1903, p. 238), is unconstitutional.

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From Multnomah.: John B. Cleland, Alfred F. Sears, Jr., and Melvin C. George, Judges, in joint session. This is a suit by Harry White and “Mysterious” Billy Smith against S. M. Mears and others, constituting the board of commissioners for licensing sailors’ boardinghouses, to enjoin interference with the keeping of a sailors’ boarding house, on the ground that the act under which the commissioners are acting (Laws 1903, p. 238), is unconstitutional. From a decree sustaining a demurrer to the complaint, plaintiffs appeal. I. The act is void for the reason that it creates a board of…

1Opinion of the CourtChief Justice Moore

This is a suit to enjoin interference with the keeping of a sailors’ boarding house. The complaint states that prior to the passage of an act creating the board of commissioners for licensing sailors’ boarding houses the plaintiffs were engaged in conducting such a house at Portland, Oregon ; that on July 2, 1903, they applied to the board for a license, presented satisfactory evidence of their qualifications and of the suitableness of their accommodations to keep sailors, and offered to comply with the provisions of the act referred to, but the board refused them a license ; that the…

2Cases cited3 opinions

  1. People ex rel. Davidson v. PerryCalifornia Supreme Court · 1889
  2. David v. Portland Water CommitteeOregon Supreme Court · 1886
  3. Lewis v. LewellingSupreme Court of Kansas · 1893

3Cited by5 opinions

  1. Warren v. MARION COUNTYOregon Supreme Court · 1960
  2. Bennett Trust Co. v. SengstackenOregon Supreme Court · 1911
  3. State Ex Rel. Matlack v. Oklahoma CitySupreme Court of Oklahoma · 1913
  4. Slovanian Literary & Social Ass'n v. City of PortlandOregon Supreme Court · 1924
  5. Cancilla v. GehlharOregon Supreme Court · 1933

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