The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1907-02-16
Bill Passed 1.-THE Oregon House
Yesterday Afternoon.
SENATE MAY CHECK PROGRESS
Legal Proposition invoIved-Psrtinen,
Alusion to New Law That Has De-
finite Bearing Upon Its Status
lis Unconstitutional,

A telegram was received by Presi
dent ]. w, Welch, OF the Astoria Cham
Der OF Commerce late yesterday after
noon. announcing the passage with
out amendment. OF the Infamous Por
OF Columbia Bill In the Oregon Hous,
OF Representatives
II is evident that Portland has sen
! the best and last OF her boosters Il
the capital In behalf OF this measur,
and that every atom OF influence sh,
has command is at work there. Th,
! Senate Is yet to be heard from, and 4
is barely possible Clatsop and Colum.
bia counties may be spared the weigh
OF this evil. by reason OF the strictel
analysis required In that body. But
be this as It may. there is time yet
to engage other agencies OF relief for
tunately provided against such impo-
stlons, and they will be invoked In
due course.
Apropos OF this. the following mat
ter. handed in to this Office by one
OF Astoria's leading lawyers, will be
read with interest:
Section OF Article NJ OF the state
constitution. as originally adopted.
reads as follows.
20. Corporations may be formed
under general laws. but shall not be
created by special laws, except for mu-
nicipal purposes. All laws passed pur-
suant to this section may be altered
amended or repealed. but not so as to
impair or destroy any vested corpor-
ate rights"
when the Port OF Portland was
created a test case was prepared and
CARED to the supreme court OF this
state, to test the constitutionality Of
the act creating 1t. is the case Of
J. w. Cook VS.. The Sort of Portland
&c Oregon. $50. The cULte y ca OF the
piaintiff In that case was that the
Port Of Portland was not a munich
pal corporation, or created for munich
pal purposes, AMI was, therefore, un-
constitutional. The supreme court up
held the act, upon the express grounds
that 1t created a corporation for mu-
nicipal purposes. After citing the
above provision Of the constitution the
court said, Mr.. Justice Bean deliver
ing the opinion. Under this section
there can be but one question: What
Is corporation created for municipal
purposes?'"
"'No corporation can be created by
special act except for municipal pur-
poses; but there Is no Limitation on
the creation OF corporations for NUM-
cipal purposes by special act. Any
for municipal purposes
may therefore be thus created. II,
then, the port of Portland Is a cor
poration created for municipal pur-
poses, the act creating 1t is not re-
pugnant to this section Of the consti-
tuition. The whole question, therefore
turns upon the meaning of the phrase
municipal purposes as used in the
constitution.
Among the amenJm snts to the con
stitution adopted by the legal voters
of this state at the Ast June election,
was one amending Sec. of Art. XI
to read as follows.
"'Section 2. Corporations may be
formed under general laws, but shall
not be created by the legislative as
SeIHDlJ Wy opSCidi idW1' Lie lc6lSih-
tive assembly shall not enact, amend,
or rspea'. any charter or act Of in
for any municipality, city
or town. The legal voters Of every
city and town are hereby granted pow
er to enact and amend their munich
pal charter, subject to the constitu-
tlon and criminal laws of the State of
Oregon"
"The proclamation Of the governor
proclaimed said act to be in full force
and effect as a part Of the constitu-
ton from June rs. 1906"
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