Legal Opinion

State v. Schluer

Oregon Supreme Court

Decided May 31, 1911PublishedCited by 19 opinions

From Wallowa: John W. Knowles, Judge. Statement by Mr. Justice Moore. The defendant, E. T. Schluer, was charged with the crime of selling intoxicating liquor in Wallowa County March 10, 1911, in violation of the local option law, which, it is alleged, was then in force in the entire county.

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From Wallowa: John W. Knowles, Judge. Statement by Mr. Justice Moore. The defendant, E. T. Schluer, was charged with the crime of selling intoxicating liquor in Wallowa County March 10, 1911, in violation of the local option law, which, it is alleged, was then in force in the entire county. A plea of not guilty having been entered, the cause was tried upon an agreed statement of facts, in substance, that the city of Joseph is duly incorporated and by its charter, which was in force November 8, 1910, and thereafter continued effective, is authorized to license the sale of intoxicating liquors;…

1Opinion of the CourtJustice Moore

delivered the opinion of the court.. The question to be considered is whether or not the change of the organic law referred to relieved the city *22of Joseph from the order of prohibition in force in Wallowa County as a whole so as to permit the municipality, pursuant to its charter and an ordinance, to license the sale of intoxicating liquors within its limits when no local option election was ever held in the city alone, but in a precinct that included such municipality. The altered section is as follows:

“Corporations may be formed under general laws, but shall not be created by the…

2Cases cited9 opinions

  1. Long v. City of PortlandOregon Supreme Court · 1908
  2. Hall v. DunnOregon Supreme Court · 1908
  3. Sandys v. WilliamsOregon Supreme Court · 1905
  4. Wolcott v. WigtonIndiana Supreme Court · 1855
  5. ACME Dairy Co. v. AstoriaOregon Supreme Court · 1907

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3Cited by19 opinions

  1. Hodges v. DawdySupreme Court of Arkansas · 1912
  2. State v. Port of AstoriaOregon Supreme Court · 1916
  3. Common Cause v. StateSupreme Judicial Court of Maine · 1983
  4. City of Klamath Falls v. Oregon Liquor Control CommissionOregon Supreme Court · 1934
  5. State v. BuntingOregon Supreme Court · 1914

14 more not listed; retrieve them via the Exa API.

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