Thielke v. Albee
Oregon Supreme Court
From Multnomah: George E. Bagley, Judge. This is a suit by A. A. Thielke, W. J. Christenson and W. L. Trullinger against H. E. Albee, Mayor of the City of Portland, to enjoin the enforcement of an ordinance of the City of Portland licensing and regulating the operation of jitney buses. A demurrer was interposed to the complaint, which was overruled by the trial court, and from a decree in favor of plaintiffs, defendants appeal: See 76 Or. 449 (150 Pac. 854).
1DissentJustice Burnett
delivered the following dissenting opinion.
On September 3, 1913, the council of the City of Portland passed an ordinance licensing and regulating what it called “motor buses,” concluding with Section 26:
“An emergency is hereby declared to exist in this: The present laws regulating motor buses being inadequate, it is necessary in order to protect the healthy peace and safety of the people of the City of Portland,” that this ordinance be passed immediately; therefore this ordinance shall be in force and effect from and after its passage by the council.”
In a suit by the plaintiffs to enjoin the…
2Cases cited17 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Connolly v. Union Sewer Pipe Co.Supreme Court of the United States · 1902
- State v. RedmonWisconsin Supreme Court · 1907
- State v. WrightOregon Supreme Court · 1909
- Moores v. MooresOregon Supreme Court · 1899
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