Legal Opinion

Sears v. Multnomah County

Oregon Supreme Court

Decided January 29, 1907PublishedCited by 19 opinions

From Multnomah: Thomas A. McBride, Judge. Statement by Mr. Justice Eakin. This is an action brought by Alfred F. Sears, Jr., against Multnomah County to recover an amount of salary as circuit judge, claimed to be due from December 24, 1903, to January 31, 1904, under Section 2926 of B. & C. Comp., as amended December 24, 1903 (Laws Sp.

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From Multnomah: Thomas A. McBride, Judge. Statement by Mr. Justice Eakin. This is an action brought by Alfred F. Sears, Jr., against Multnomah County to recover an amount of salary as circuit judge, claimed to be due from December 24, 1903, to January 31, 1904, under Section 2926 of B. & C. Comp., as amended December 24, 1903 (Laws Sp. Sess. 1903, p. 14), granting to certain circuit judges $1,000 per annum additional salary to be paid by the county, this being salary for part of the time prior to the expiration of 90 days after the adjournment of the legislature. Appellant is contesting the…

1Opinion of the CourtJustice Eakin

There is practically but one question involved here. That is *44whether the emergency clause in the amendment of Section 2926, B. & C. Comp., approved December 24, 1903 (Sp. Laws 1903, p. 14), is such as to render the law effective from that date. The emergency clause of that act reads as follows, viz.:

“Whereas, the compensation of judges in judicial districts composed of one county only, is, under the present law, inadequate, an emergency is declared, and this act shall take effect upon its approval by the Governor.”

This emergency clause in the amendment of Section 2926 was evidently intended…

2Cases cited2 opinions

  1. Kadderly v. PortlandOregon Supreme Court · 1903
  2. State ex rel. Lavin v. BaconSouth Dakota Supreme Court · 1901

3Cited by19 opinions

  1. State ex rel. Brislawn v. MeathWashington Supreme Court · 1915
  2. State Ex Rel. Westhues v. SullivanSupreme Court of Missouri · 1920
  3. Arkansas Tax Commission v. MooreSupreme Court of Arkansas · 1912
  4. State ex rel. Richards v. WhismanSouth Dakota Supreme Court · 1915
  5. State ex rel. Goodman v. StewartMontana Supreme Court · 1920

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