Opinion

Andrews v. Neil

  • 61 Or. 471
  • 120 P. 383
  • 1912 Ore. LEXIS 80
Court
Oregon Supreme Court
Filed
Jan 23, 1912
Status
Published
Author
Bean
On the bench
Bean, Burnett, Eakin, McBride
Cited by
7 cases
Authority
More cited than 16.5%

The opinion

Mr. Justice Bean

delivered the following concurring opinion.

I concur in the result of this opinion, but do not give my assent to the following expressions, namely: “It is clear, however, that until the legislative power of the State has declared that an election shall be held on a particular kind of question no decisión of such a question can be worked out in that manner.” This would *481 appear to assume that no enabling act has been passed. And further: “The legislative power of the State has prescribed with great detail a manner of electing public officers, and by the initiative and referendum system, and legislation in pursuance thereof, it has provided a manner of voting upon legislative questions by the people; but it has not in any manner established a method of taking a vote upon the question of incurring indebtedness by counties in excess of the original constitutional limit. For the reason that the authority to declare the time and manner of conducting such election upon such a question is vested in the lawmaking power of the State, either in the legislative assembly or in the people at large, and that no such action has been taken. * *” And: “* * Yet, because the amendment did not provide a means of ascertaining the will of the majority of those voting on the question, and none has been otherwise authorized by legislation. * *”

My views upon a kindred question are expressed in an opinion this day rendered in the case of Schubel v. Olcott, 60 Or. 503 ( 120 Pac. 375 ), and it is unnecessary to further indicate them here.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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