Holmes v. Olcott
Oregon Supreme Court
From Marion: Geoége G. Bingham, Judge. In Banc. The plaintiff alleges that he— ‘ ‘ Is a resident and inhabitant of Multnomah County, State of Oregon, and a taxpayer in said state and county, and brings this suit in his own’interest and in the interest of all other taxpayers in the State of Oregon to prevent the illegal disbursement of public funds, which he alleges to be true upon information and belief.”
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From Marion: Geoége G. Bingham, Judge. In Banc. The plaintiff alleges that he— ‘ ‘ Is a resident and inhabitant of Multnomah County, State of Oregon, and a taxpayer in said state and county, and brings this suit in his own’interest and in the interest of all other taxpayers in the State of Oregon to prevent the illegal disbursement of public funds, which he alleges to be true upon information and belief.” That the defendant Ben Olcott is Secretary of State, and with the other defendants constitutes the state board of fish- and game commissioners, of which he is ex-officio chairman; that the…
1Opinion of the CourtJohns, J.
Section 4 of Article IX of the Constitution provides:
“No money shall be drawn from the treasury but in pursuance of appropriations made by law.”
Section 7 of the same article is as follows:
“Laws making appropriations for the salaries of public officers and other current expenses of the state shall contain provisions upon no other subject.”
*37The decision of this case depends upon the construction of those sections.
Section 4 is historical and is identical with that of the federal Constitution and the organic law of numerous states. Such provisions are substantial copies of declaratory acts or…
2Cases cited14 opinions
- People ex rel. McCauley & Tevis v. BrooksCalifornia Supreme Court · 1860
- Ristine v. State ex rel. Board of Commissioners of the Sinking FundIndiana Supreme Court · 1863
- State ex rel. Norfolk Beet-Sugar Co. v. MooreNebraska Supreme Court · 1896
- People ex rel. McCullough v. PachecoCalifornia Supreme Court · 1865
- Humbert v. DunnCalifornia Supreme Court · 1890
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3Cited by10 opinions
- Edwards v. ChildersSupreme Court of Oklahoma · 1924
- State Ex Rel. Toomey v. State Board of ExaminersMontana Supreme Court · 1925
- Wilder v. MurphyNorth Dakota Supreme Court · 1928
- State ex rel. Board of Regents of Normal Schools v. ZimmermanWisconsin Supreme Court · 1924
- Trinity Medical Center v. North Dakota Board of NursingNorth Dakota Supreme Court · 1987
5 more not listed; retrieve them via the Exa API.