Wong v. City of Astoria
Oregon Supreme Court
The common council had no power to pass the ordinance. The only power, if a power there he, is simply to “suppress,” not to punish or imprison, and such power jnust be expressly conferred or it will be held not to exist.
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The common council had no power to pass the ordinance. The only power, if a power there he, is simply to “suppress,” not to punish or imprison, and such power jnust be expressly conferred or it will be held not to exist. (Corvallis v. Carlile, 10 Or. 139; Mount Pleasant v. Breeze, 11 Iowa, 399.) A legislature cannot grant to a municipal corporation power to punish summarily, by ordinance, an offense criminal in its nature, and which is a crime under the general laws of the state. (Const. Or., p. 83, sec. 23, subd. 2; Code, p. 345, sec. 5, p. 458, sec. 764; 1 Dillon on Municipal Corporations,…
1Opinion of the CourtThayer, J.
The appellant, a Chinawoman, was arrested by a police-officer of the city of Astoria, upon a complaint by which she was accused of keeping, setting up, and assisting to keep, willfully and unlawfully, a bawdy-house, in violation of an ordinance of the city. Her attorney filed in her behalf a demurrer to the complaint, upon the grounds that it did not state facts sufficient to constitute a crime against the city of Astoria; that the Police Court thereof had no jurisdiction of the crime charged, or of the person of the defendant; that the ordinance was unconstitutional and void, and was in…
2Cited by42 opinions
- Brown v. Multnomah County District CourtOregon Supreme Court · 1977
- State v. 1920 Studebaker Touring CarOregon Supreme Court · 1926
- State v. JacksonOregon Supreme Court · 1960
- Chaffin v. ChaffinOregon Supreme Court · 1964
- Falls v. MortensenOregon Supreme Court · 1956
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