School District No. 48 v. School District No. 115
Oregon Supreme Court
From Clackamas: James A. Eakin, Judge. Statement by Mr. Justice Moore. This is a special proceeding to review an award of arbitrators. The return to the writ shows that in Clackamas County, school district No. 48 was divided, and from a part of its territory school district No. 115 was formed.
Read the full summary
From Clackamas: James A. Eakin, Judge. Statement by Mr. Justice Moore. This is a special proceeding to review an award of arbitrators. The return to the writ shows that in Clackamas County, school district No. 48 was divided, and from a part of its territory school district No. 115 was formed. As the boards of directors of these districts could not agree upon a division of the assets and liabilities, it was concluded to settle the difficulty by arbitration; whereupon the old district selected Harry Jones and the new district chose F. S. Baker. Pursuant to the statute, the county school…
1Opinion of the CourtJustice Moore
It is contended that the statute authorizing the appointment of arbitrators, under the circumstances herein-before detailed, and containing the following clause, “The arbitrators’ decision shall be final, except that it *40may be reviewed by writ of review as the decisions of other inferior tribunals are reviewed,” Section 4022, L. O. L., violates the fundamental law of the state by attempting to invest in an inferior body judicial powers without giving a right of appeal.
The organic act contains the following declaration: “Every man shall have remedy by due course of law for injury done him in…
2Cases cited2 opinions
- Baker County v. BensonOregon Supreme Court · 1901
- Morrow County v. HendryxOregon Supreme Court · 1887
3Cited by5 opinions
- Rueda v. Union Pacific Railroad Co.Oregon Supreme Court · 1946
- In Re the Application for Annexation of Common School Districts Nos. 18 & 21Idaho Supreme Court · 1932
- Jackson County v. Jackson Education Service DistrictCourt of Appeals of Oregon · 1988
- School District No. 35 v. HoldenOregon Supreme Court · 1915
- Klamath County School District v. American Surety Co.Oregon Supreme Court · 1929