The Pacific Reporter Volume 96 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 Excerpt: ...provisions of the general law, the amendment was properly submitted by the council, as the right of the voters of a city to enact or amend their city charter existed by virtue of article 11, 2, as amended in 1906, and not by the initiative and referendum amendments, and, as such article vested in the voters the exclusive right to amend or enact a city charter, some law for the exercising of the power was necessary, and the law of 1907 adopted for that purpose was controlling in the absence of local legislation. Appeal from Circuit Court, Multnomah County; J. B. Cleland, Judge. Action by Francis i. McKenna against the city of Portland and others to enjoin the issuance and disposal of city bonds. From an order overruling a demurrer to the complaint, defendants appeal. Reversed, and demurrer sustained.. J. P. Kavanaugh, City Atty., J. J. Fitzgerald and Frank S. Grant, Deputy City Attys.. for appellants. Seneca Smith, for respondent. H. H. Riddell, amicus curias. Rehearing denied August 4, 190S. BE Slk, C. J. This suit is brought by a resident and taxpayer of the city of Portland to enjoin the municipality and its officers from issuing and disposing of the bonds of the city for the purpose of raising money with which to enlarge the present water plant, as authorized by an amendment to the charter adopted by the people in June, 1907. The amendment in question was proposed by the council, and by resolution of that body submitted to the people for adoption or rejection, without a petition from the voters to do so. Plaintiff claims that the council had no power or authority to initiate or submit an amendment to the charter on its own motion, and therefore the alleged amendment is void, and of no effect. Portland was incorporated under a special act of the Le...