Legal Opinion

Simon v. Northup

Oregon Supreme Court

Decided June 3, 1895PublishedCited by 51 opinions

Appeal from Multnomah: Hartwell Hurley and Loyal B. Stearns, Judges. These two cases, which for convenience were heard together in this court, involve the constitutionality of an act of the legislature of eighteen hundred and ninety-five, providing for the acquisition by the City of Portland of the Morrison-street bridge, Stark-street ferry, and the upper deck of the steel bridge, and requiring the supervision, management, and control of said bridges and ferry, when so…

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Appeal from Multnomah: Hartwell Hurley and Loyal B. Stearns, Judges. These two cases, which for convenience were heard together in this court, involve the constitutionality of an act of the legislature of eighteen hundred and ninety-five, providing for the acquisition by the City of Portland of the Morrison-street bridge, Stark-street ferry, and the upper deck of the steel bridge, and requiring the supervision, management, and control of said bridges and ferry, when so acquired, and of all the free bridges and ferries of the city acquired under the acts of eighteen hundred and ninety - one…

1Opinion of the Court

Opinion by

Mr. Chief Justice Bean.

*4951. It is stoutly contended that the act in question is unconstitutional, for the several reasons hereinafter noticed; and, while we are satisfied that the contention is well founded in some respects, and are conscious that in others the validity of the act is not free from doubt, yet we cannot declare it wholly void because some of its provisions are so and others are involved in doubt. The courts will never exercise the extraordinary power of declaring an act of the legislature unconstitutional unless there is a plain, palpable, and clear conflict between the…

2Cases cited17 opinions

  1. People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
  2. People ex rel. Board of Park Commissioners v. Common CouncilMichigan Supreme Court · 1873
  3. People Ex Rel. Board of Commissioners v. BanksNew York Court of Appeals · 1876
  4. Cook v. Port of PortlandOregon Supreme Court · 1891
  5. People ex rel. McCagg v. Mayor of ChicagoIllinois Supreme Court · 1869

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

3Cited by51 opinions

  1. Kadderly v. PortlandOregon Supreme Court · 1903
  2. Straw v. HarrisOregon Supreme Court · 1909
  3. Evanhoff v. State Industrial Accident CommissionOregon Supreme Court · 1915
  4. Cicero Lumber Co. v. Town of CiceroIllinois Supreme Court · 1898
  5. Ladd v. HolmesOregon Supreme Court · 1901

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

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