Page:Address of Frederick V. Holman at Oregon Bar Association annual meeting.djvu/28

 holding that the Legislature could not enact, amend or repeal any municipal charter in the State, and that a municipality might attempt to exercise powers in derogation of the sovereignty of the State itself, it became a serious matter. As a result we have, the somewhat remarkable decision, in the case of Straw V. Harris, 54 Ogn. 424, decided August 24, 1909.

The facts in this case are as follows:

The Legislature enacted a law at its session in 1909 entitled:

"An act to provide for incorporation under general law of ports in counties bordering upon bays or rivers navigable from the sea or containing bays or rivers navigable from the sea, and to provide for the manner of incorporating such ports and defining the powers of ports so incorporated, and declaring an emergency."

Under the provisions of this act the Port of Coos Bay was incorporated, which included within its boundaries the incorporated towns of North Bend, Marshfield, East Marshfield and Empire City, in one of which a majority voted against the organization of the Port. The principal question in this case was the constitutionality of said Legislative Act, under which the Port was incorporated, as it was contended that the effect thereof was not only to amend, but to repeal parts of the charters of the municipalities thus included, in violation of Section 2 of Article XI, as amended, of the Constitution of Oregon.

Two main points were decided in Straw v. Harris:

First. That under the initiative and referendum amendments of the Constitution there are two separate and distinct law-making bodies, each equal, viz.: The Legislature and the people.

Second. That the State has not surrendered its sovereignty to the municipalities to the extent that the State has lost control of the municipalities.

In the opinion, Mr. Justice King, on page 431, said:

By the adoption of the initiative and referendum into our Constitution, the legislative department of the State is divided into two separate and distinct law-making bodies. There remains, however, as formerly, but one legislative department of the State. It operates,