Pacific Northwest Bell Telephone Co. v. Davis

I dissent because I do not agree that Or Newspaper Publ. v. Peterson, 244 Or 116, 415 P2d 21 (1966), "compels the conclusion that the statutes do not delegate to the Commissioner the authority to enact the 'tagline’ rule.” 43 Or App 1006.

In Peterson, a Board of Pharmacy ruling prohibiting advertising was held outside that Board’s statutory authority. A reading of the ORS chapters creating *1018the position of Public Utility Commissioner and describing his powers and duties convinces me that his function is distinguishable from that of the Board of Pharmacy and that the legislature has granted the…