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STATE EX REL. POWERS v. WELCH

198 Or. 670 (1953)

259 P.2d 112

STATE EX REL. POWERS v. WELCH

Supreme Court of Oregon.

Reversed June 24, 1953.

Attorney(s) appearing for the Case

FRANK J. LONERGAN, JAMES R. BAIN and JAMES W. CRAWFORD, Judges.

Arthur E. Prag, of Portland, argued the cause and filed a brief for appellant.

Dan M. Dibble, Deputy District Attorney, of Portland, argued the cause for respondent. With him on the brief was John B. McCourt, District Attorney, of Portland.

REVERSED.

LATOURETTE, C.J.

Peter W. Welch, who was elected surveyor of Multnomah county on November 4, 1952, was declared by the trial court, in a quo warranto proceeding, to be ineligible to hold such office because he did not possess the qualification set forth in ch 31, Oregon Laws 1949, as follows:

"* * * a person shall not be eligible to hold the office of county surveyor unless he is registered under the laws of the state of Oregon as a registered...

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