Pearce v. Roseburg
Oregon Supreme Court
From Douglas: George F. Skipworth, Judge. Statement by Mr. Justice McBride. This is a suit brought by Harry Pearce against the City of Roseburg to enjoin it from entering into a contract with the Roseburg & Eastern Railroad Company for the construction and operation of a railroad running out of said city, and from issuing bonds for the purpose of constructing the same, and generally to prevent the city from in any way participating in the construction or ownership of the…
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From Douglas: George F. Skipworth, Judge. Statement by Mr. Justice McBride. This is a suit brought by Harry Pearce against the City of Roseburg to enjoin it from entering into a contract with the Roseburg & Eastern Railroad Company for the construction and operation of a railroad running out of said city, and from issuing bonds for the purpose of constructing the same, and generally to prevent the city from in any way participating in the construction or ownership of the proposed road. The facts disclosed by the complaint are as follows: The common council, thinking it desirable that a…
1Opinion of the CourtJustice McBride
1,2. Upon the case made by the pleadings the election at which the charter amendment was adopted appears to have been conducted substantially in conformity with the law. There is not in the charter of Boseburg as it appears in the Special Laws of 1905, page 3.3, any provision for holding special elections upon initiative *205measures, but Section la, Article TV, of our Constitution provides:
“The manner of exercising said powers shall be prescribed by general laws, except that cities and towns may provide for the manner of exercising the initiative and referendum powers as to their municipal…
2Cases cited8 opinions
- Kiernan v. PortlandOregon Supreme Court · 1910
- Kalich v. KnappOregon Supreme Court · 1914
- Branch v. AlbeeOregon Supreme Court · 1914
- Churchill v. Grants PassOregon Supreme Court · 1914
- State v. PortlandOregon Supreme Court · 1913
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Application of GoodwinSupreme Court of Oklahoma · 1979
- State v. Port of AstoriaOregon Supreme Court · 1916
- State Ex Rel. Heinig v. City of MilwaukieOregon Supreme Court · 1962
- City of Portland v. WelchOregon Supreme Court · 1936
- Burton v. GibbonsOregon Supreme Court · 1934
19 more not listed; retrieve them via the Exa API.