The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1907-05-02

lIG G. Fulton and ]. H. Taylor wh
u have been retained by the court I
u fight the Port OF Columbia law waicl
win become operative on May IS, sub
United written opinion In regard y
the constitu,ionality OF the act a
follows:
Astoria, oregon. May l, 1907.
To the Honorable the County Court o
tho County Of Clatsop,
Gentlemen: Complying with YOU
request for our opinion on the consti'
tutionality OF the act OF the Legislative
assembly OF this state, OF Februar,
20, 1907. creating the municipality ol
the Port OF Columbia, We respectfully
submit that we have given this Aci
our careful consideration and are oi
the opinion that II IL clearly uneon.
stitutional and void.
Flrst--It is within the inhibitions Of
Section 3 OF Article NJ OF our State
constitution, as amended. This section
reads as follows:
Section 2-"Corporations may bt
formed under general laws, but shall
not be created by the Legislative as
sembly by special laws. The iesisla.
tive assembly shall not enact. amend
or repeal any charter or act OF ineor-
poration for any municipality city OF
town. The legal voters OF every city
and town are hereby granted power to
enact and amend their municipal char
ter, subject to the constitution and
criminal laws OF the State OF Oregon,
The above Is the only provision of
our constitution relating TO the crea-
tion of corporations. BY the first para
graph OF this section. the legislative
assembly Is authorized to create and
form corporations under general laws
only. II the act went no further than
this, the legislature would be power
less to create any corporation other
wise than by general law.
oregon Railway & Navigation Co,
VS.. oregonian Railway Co, 100 U, s.
26. But II goes further, and expressly
states that no corporation shall be
created by the legislative assembly by
special laws. II would seem that this
was surely clear enough. but the trainers
OF the section in question In order to
make assurance doubly sure further
provided, that the legislative assembly
should not enact, amend or repeal any
charter or act OF incorporation for any
municipality, city or town, but author
ICES the legal voters TO enact and
amend their own charters.
Tnat the act in question creates a
corporation, generally designated as a
municipality, is clearly expressed In
Section |, which reads as follows
Section 1--Multnomah County, Clat-
sop County and Columbia County in
this State, is hereby created separate
district to be known as the Port OF
Columbia; and the inhabitants thereof
are hereby constituted and declared to
be a corporation by the name and
style OF the Port Of Columbia, and as
such shall nave perpetual succession,
and by the said name shall exercise
and carry out all the corporate powers
and objects hereby conferred and de-
ciared, and make all contracts, hold,
receive, and dispose Of real and aer-
sonal property, and do all other acts
and things which may be requisite.
necessary, or convenient In carrying
out the objects Of said corporation or
exercising the powers conferred upon
1t as In this Act set out and expressed,
and sue and be sued, plead and be
impleaded In all actions, suits, or pro-
ceedings brought by or against It."
We apprehend that no lawyer viii
contend that this Act is not special
Act. That 1t is, is too plain for dis
cussion, 1t comes clearly within the
definition Of special Act as laid down
by our Supreme Court In the case of
Maxwell VS.. Tillamook County, 20 or.
495; Manning vs.. Klippel, 0 Or. 3s7.
We have therefore special act
creating corporation, and In our
Judgment municipal corporation.
This Is clearly within the inhibition Of
the above section Of our constitution.
Sec0nd-Tne act In question is also
within the inhibition OF Subdivision
10, Section 20, Article w OF our State
Constitution, which reads as follows.
"Secton 23-The legislative assembly
shall not pass special or local laws in
any of the following enumerated cases,
that is to say: (10) For the assess
ment or collection Of taxes for State, |
County Township, or road purposes"
By the act in question, the corpora
ton Port of Columbia" Is empowered |
to own, operate, and maintain an efic-
lent towage service from the open sea
at the entrance Of the Columbia River
to all points upon the Columbia, ex-
lending as far inland, as Tongue Point,
and Is authorized to purchase, lease,
control and operate steam tug boats
md steam or sail pilot boats, and is
'equired to maintain certain number
If capable pilots upon the bar to meet
he demands of commerce, and is
'urther authorized to issue bonds not
exceeding In the aggregate $500 900,
ind to assess, levy and collect each
fear tax upon all real and personal
property, situated within its bound
tries and which Is by law taxable Tor
State and County purposes, not to ex-
ICED one-fortieth of one per cent for