Page:Address of Frederick V. Holman at Oregon Bar Association annual meeting.djvu/31

 e. g., the exercise of the right of Eminent Domain; or the control of streets and other highways, or the granting of franchises under powers given to a municipality by initiative proceedings of its legal voters, which it did not have before; or whether a port could not, by initiative proceedings, give itself all the powers of a city, and by being larger than a city, and in the case of the Port of Coos Bay, including four towns, take to itself and exercise supremacy over any and all cities and towns within the boundaries of a port. It must be borne in mind that in the case of Farrell v. Port of Portland, supra, it was held that the voters of a port could amend its charter or the act of its incorporation, for it is a municipal corporation, and no limitation is placed on its powers or right to amend its charter and give itself additional powers. The amendment of its charter, in question in that case, gave the Port of Portland largely increased powers. As it includes all of the City of Portland, and more, may it not practically, by initiative amendments, make itself superior to the City of Portland and grant franchises, and exercise the right of Eminent Domain in the City of Portland superior to the latter. There is no limitation on the power of any city, town, port or other municipal corporation to give itself additional powers, excepting that in Straw v. Harris it was held a municipality could not exercise a sovereignty superior to the State of Oregon. And it was also held that the Legislature could take away this power. But the Port could give itself the power again at the next general election, or at a special election, which could be held by the Commissioners of the Port of Portland amending its charter in a manner similar to that used by the City of Astoria, as appears in the case of Acme Dairy Company v. Astoria, supra, and that used by the Port of Portland, as appears in the case of Farrell v. Port of Portland, supra.

Moreover, in Straw v. Harris, it was held that the rights of a port are superior to that of a city or town. On pages 435-436 in the decision of the Oregon Supreme Court, Mr. Justice King said:

We find that the Constitution, by permitting, through general laws, the exercise by municipalities of greater and more extensive prerogatives for other and different purposes, including the formation of ports, has thereby delegated to such larger districts the right