Page:Address of Frederick V. Holman at Oregon Bar Association annual meeting.djvu/32

 to take such steps as may be essential to the carrying out of the general purpose and object of their creation. The exercise of this privilege does not necessitate the elimination of the city governments, nor of any substantial part of them, within any of the territory included; nor does it in any respect interfere with the general object or purpose for which the included corporations were established. It may have the effect, it is true, of taking from them the control of wharves and docks, as well as some other privileges, whenever and wherever the exercise thereof becomes inconsistent with the object for which the port is incorporated.

But what would take place if the Port of Portland should give itself rights and powers superior toi those of the City of Portland? Or if the latter should attempt to amend its charter so as to make it equal tO' or superior to the Port of Portland? Apparently each has the right to give itself all sovereign powers as against the other. It is only when a municipality interferes with the sovereignty of the State that the State can interfere. Just what such an interference is does not yet appear. Apparently it is not by a municipality giving- itself powers of Eminent Domain, or the power to grant franchises over the highways of the State, or to build bridges across a navigable river without the consent of the State.

There have been but two later decisions only on this question by the Supreme Court of Oregon.

One of these decisions is City of McMinnville v. Howenstine, 109 Pac. Rep. 81 (not yet reported in the Oregon Reports), decided June 7, 1910.

In this case the City of McMinnville, by initiative amendment of its charter, gave itself the right to appropriate, under Eminent Domain, lands outside of the city for water works. Two opinions were written in this case. One held that under the amendments of 1906 the legal voters of a city or town might give it the right to exercise the power of Eminent Domain within and without its limits. And so the City of McMinniville [sic] might give itself these sovereign powers without authority from the Legislature. And that the right to enact or amend the charter of a city or town gives it the right, by amendment of its charter, to give itself the sovereign right to appropriate under the powers of Eminent Domain, lands to be used by such city or town under its functions as