Portland v. Traynor
Oregon Supreme Court
From Multnomah: Robert Tucker and George W. Stapleton, Judges. In Banc. Inasmuch as the legal questions involved in both cases are very similar, for the purposes of the opinion this and the companion case of City of Portland v. Catherine Kitchen will be considered as one.
Read the full summary
From Multnomah: Robert Tucker and George W. Stapleton, Judges. In Banc. Inasmuch as the legal questions involved in both cases are very similar, for the purposes of the opinion this and the companion case of City of Portland v. Catherine Kitchen will be considered as one. On January 31, 1919, the City of Portland passed Ordinance No. 35,013, entitled “An ordinance amending Article XV y2 of Ordinance No. 34,046 as amended, and repealing Ordinance number 34,800, and declaring an emergency.” The first four sections of the ordinance are as follows: “Article XVy2. “Section 1. Definitions. The term…
1Opinion of the CourtJohns, J.
1-3. We agree with defendant’s counsel that an ordinance which is enacted to protect the public health, that has no real or substantial relation to the subject matter and is an unreasonable and unwarranted interference with the conduct of a lawful business, is unconstitutional; that any ordinance which invests in an officer or board arbitrary power to issue or withhold a license for any trade or profession without regard to the qualification of the applicant, is void, and that an ordinance by or under which a lawful occupation, when lawfully conducted is not injurious to the person, property…
2Cases cited9 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Plymouth Coal Co. v. PennsylvaniaSupreme Court of the United States · 1914
- New York Ex Rel. Lieberman v. Van De CarrSupreme Court of the United States · 1905
- Hewitt v. Board of Medical ExaminersCalifornia Supreme Court · 1906
- Clark v. RossierIdaho Supreme Court · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Anderson v. AlexanderOregon Supreme Court · 1951
- State ex rel. Makris v. Superior CourtWashington Supreme Court · 1920
- Melconian v. City of Grand RapidsMichigan Supreme Court · 1922
- Hickey v. RileyOregon Supreme Court · 1945
- Dent v. Oregon CityOregon Supreme Court · 1923
7 more not listed; retrieve them via the Exa API.