Oregon Tunnel District No. 1 v. Moore

RAND, J. —

This is an appeal from a decree holding that Chapter 319, Laws of 1921, an act providing for the formation of tunnel districts, contravenes Section 1 of the Fourteenth Amendment to the Constitution of the United States, and Section 20 of Article I of the state Constitution, rendering the act unconstitutional and void.

The act provides, that upon the petition of fifty, or a majority of the owners of land within a proposed tunnel district, if compliance has been had with certain other provisions of the act, an election shall be held to determine whether the proposed district shall be…