State ex rel. Stadter v. Newbry
State ex rel. Stadter v. Newbry
Opinion of the Court
This is a proceeding in mandamus which presents the identical question this day decided in State of Oregon ex rel. Edward O. Stadter, Jr., District Attorney for Marion County, Oregon, and Dr. Prank R. Menne and Henry W. Collins v. Earl T. Newbry, Secretary of State, et al. Plaintiffs have appealed from an adverse judgment of the circuit court.
The alternative writ discloses that at the election on November 4, 1952, the people will vote upon an initiative measure which would amend Art. IX of the Oregon constitution by adding See. 3a to read as follows :
“BE IT ENACTED by the People of the State of Oregon:
“That Article IX of the Constitution of the State of Oregon be and the same is hereby amended to include as Section 3a, the following:
“Prom and after July 1, 1953, all taxes, fees, licenses, assessments or charges levied, assessed or charged, directly or indirectly for the use of free public highways, roads, streets and bridges,, shall be assessed equitably and fairly in order that each type and class of vehicle shall pay its proportionate share of highway costs and such levies shall consist of a registration fee based on weight and a fuel tax based on gallonage, and such fees and taxes shall not be levied, assessed or charged by any city, town, county, or political subdivision of this state.”
Our decision in the other ease governs here, and the judgment is therefore affirmed.
Reference
- Full Case Name
- STATE ex rel. STADTER, JR. DISTRICT ATTORNEY v. NEWBRY
- Cited By
- 1 case
- Status
- Published