FISCHER v. MILLER


228 Or. 54 (1961)

363 P.2d 1109

FISCHER v. MILLER

Supreme Court of Oregon.

Affirmed July 26, 1961.


Attorney(s) appearing for the Case

Courtney R. Johns, District Attorney, Albany, argued the cause and submitted a brief for appellant.

Melvin Goode, Albany, argued the cause and submitted a brief for respondent.

Before ROSSMAN, J., Presiding, and PERRY, SLOAN, O'CONNELL, GOODWIN and LUSK, Justices.


AFFIRMED.

O'CONNELL, J.

Plaintiff brings this suit to enjoin the sheriff of Linn County, Oregon from enforcing a county ordinance controlling the hunting of migratory water fowl. The defendant appeals from a decree declaring the ordinance unconstitutional and enjoining its enforcement.

The ordinance was enacted as an initiative measure by the voters of Linn county at the primary election on May 20, 1960 pursuant...

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