Barnes v. Paulus

Petitioners ask us to reverse a decision of the Court of Appeals which affirmed the circuit court’s denial of relief against respondent Secretary of State with respect to an initiative measure proposed for the November 1, 1978, election. The facts and contentions are stated as follows in the Court of Appeals’ opinion, 36 Or App 327, 588 P2d 1120 (1978):

"On January 20, 1978, defendant Jim D. Whittenburg filed a preliminary petition with the Secretary of State’s office. This initiative petition, designed to limit property taxes, began with the following words:

" 'The Amendment.

" 'That this…