Opinion

Holmes v. Appling

  • 237 Or. 546
  • 392 P.2d 636
  • 1964 Ore. LEXIS 390
Court
Oregon Supreme Court
Filed
May 25, 1964
Status
Published
Author
Denecke
On the bench
McAllister, Rossman, Perry, Sloan, Denecke, Lusk, Warner
Cited by
18 cases

explaining that judicial review of the nature of the initiative was permissible

How later courts described this case

  • explaining that judicial review of the nature of the initiative was permissible
  • 56-page document entitled “Proposed Constitutional Amendment” was “revision” because it provided for “thorough overhauling of the present constitution”
  • ‘proposed constitutional amendment’ was in fact a new constitution, and therefore not entitled to be placed on the ballot

Written by the judges who cited it.

The opinion

DENECKE, J.,

specially concurring.

I concur in the majority opinion except for that part of the opinion which suggests that the petition submitted to the Secretary of 'State contains a “new constitution” and only can be proposed by a constitutional convention.

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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