Winters v. George

27 P. 1041, 21 Or. 251, 1891 Ore. LEXIS 38
CourtOregon Supreme Court
DecidedNovember 12, 1891
StatusPublished
Cited by16 cases

This text of 27 P. 1041 (Winters v. George) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Winters v. George, 27 P. 1041, 21 Or. 251, 1891 Ore. LEXIS 38 (Or. 1891).

Opinion

Strahan, C. J.

The real contention here is, that the act consolidating the cities of Portland, East Portland, and Albina into one municipal corporation repealed by implication the Meussdoffer Act, and that is the only question presented by this appeal. A brief summary of the act will render the question at issue more apparent. The first section provides in substance that the cities of Portland, East Portland, and Albina are hereby authorized and empowered to provide one or more suitable and commodious bridges over and across the Willamette river, at such points between the north line of section 28, township 1 north, range 1 east, and the south line of section 3, township 1 south, range 1 east, as to the persons herein authorized to purchase, construct, hire, maintain, conduct and control the same may be deemed most necessary and convenient; said bridge or ibridges to be forever free to all pedestrians and all classes of vehicles and traffic except railways and street railways; and to that end said cities may acquire by construction, purchase, or otherwise, and own and possess all said bridges and all such real and personal property within the limits hereinbefore mentioned as in the judgment of the persons herein authorized to construct, purchase, keep up and maintain the same may be necessary, and for such purpose may also issue bonds and dispose of the same as hereinafter provided; provided, the place or location of any bridge constructed and the plan thereof shall be submitted to and be approved by the secretary of war.

Section 2 in substance provides that the power and authority given to said cities by section 1, to construct, purchase, hire, keep up and maintain bridges across the Willamette river and to issue and dispose of bonds therefor, [254]*254shall be exercised, as hereinafter provided, by eight taxpayers of said Multnomah county, to be appointed by the two judges of the circuit court of the state of Oregon for the county of Multnomah, two each from the said cities of East Portland and Albina, and four from said city of Portland, who shall be styled the bridge committee, and therein-after mentioned and referred to as the committee. Section 3 requires the judges to appoint the committee within thirty days after the act took effect, and to cause them to be notified of their appointment. Section 4 requires the committee to meet and organize within twenty days after their appointment, first giving notice of the time and place of such meeting by five of their number in a daily newspaper of the city of Portland.

Section 5 empowers the committee to fill vacancies in that body by death, resignation, or removal from the city of which he was a resident, or otherwise; defines the qualification a person must possess to fill a vacancy, and the number of members necessary to constitute a quorum. Section 6 defines the chairman’s duties, and authorizes the committee to appoint a chairman from their number for the time being when the chairman is absent. Section 7 further defines the duties of the chairman. Section 8 defines the duties of clerk of the committee. Section 9 empowers the committee to appoint a treasurer, who shall give bond in such sum as it may require, and defines his duties. Section 10 makes it the duty of the clerk and treasurer to perform such other duties as the committee may require, fixes the tenure of their offices during the pleasure of the committee, and their salaries, such sums as the committee may prescribe. Section 11 authorizes the committee to employ and discharge such other agents, workmen, laborers and servants at such compensation or wages as it may deem necessary for the accomplishment of the purposes of the act. Section 12 makes it the duty of the committee to meet in one of said cities at such times and places as it may designate, at least ones a month and at such other times [255]*255as it may appoint. Section 13 defines in what manner the committee and its officers shall qualify.

Section 14 is as follows: For the purpose of carrying this act into effect, the committee is authorized to issue and dispose of bonds of said three cities of the denomination of from one hundred dollars to one thousand dollars, as the purchaser may desire, with interest coupons attached thereto, the par value of which shall not exceed five hundred thousand dollars, signed by its chairman and countersigned by its clerk; said bonds to be issued as the joint obligation of the three cities, whereby each of said cities shall be held and considered in substance and effect to undertake and promise, in consideration of the premises, to pay to the bearer of each of said bonds, at the expiration of thirty years from the date thereof, the sum named therein, together with interest thereon at the rate of five per cent per annum, payable yearly as provided by said coupons.”

Section 15 provides in effect that whenever such bridges have been constructed, purchased, or hired, and are all ready for use, or the limit of the sum authorized to be expended has been reached, there shall be selected as therein provided four persons for the purpose of maintaining, managing, and keeping in repair said bridges, who shall be styled individually bridge commissioners and collectively the bridge commission; and thereafter the power and authority given to said cities to construct, purchase and hire one or more bridges shall be exercised as therein-after provided by said commission. Section 16 provides how the commissioners shall be selected, their places of residence, term of office, and how their successors shall be appointed, etc. Section 17 provides how the commission shall organize, what officers it may appoint, and regulates its meetings. Section 18 provides when and in what manner the commission shall succeed to the powers and duties of the committee; and section 19 contains a succinct enumeration of the powers and duties of the commission. Section 20 provides the method of levying a tax annually [256]*256to meet the probable expense of maintaining and keeping in good condition during the ensuing year the bridges so constructed, hired and purchased as in said act contemplated ; also the costs of improvements, if any, together with one year’s interest on all bonds issued by the bridge committee and still outstanding. The remaining sections of the act need not be referred to because their construction or effect is not involved in this suit.

Two sections of the Portland consolidation act which was filed in the office of the secretary of state on the nineteenth day of February, 1891, and it is alleged took effect ninety days thereafter, it is claimed, either repealed the foregoing act by implication or rendered it nugatory. The sections of the act are as follows:

“Section 189.

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Cite This Page — Counsel Stack

Bluebook (online)
27 P. 1041, 21 Or. 251, 1891 Ore. LEXIS 38, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winters-v-george-or-1891.