STATE EX REL MUSA v. MINEAR


240 Or. 315 (1965)

401 P.2d 36

STATE OF OREGON EX REL MUSA v. MINEAR

Supreme Court of Oregon.

Judgment for defendant April 21, 1965.


Attorney(s) appearing for the Case

William B. Murray, Portland, argued the cause for plaintiff. With him on the brief were Thomas R. Mahoney, Portland, and Gary D. Gortmaker, District Attorney, Salem.

Cecil H. Quesseth, Salem, and Raymond P. Underwood, Portland, argued the cause for defendant. With them on the brief was Ridgway K. Foley, Jr., Portland.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, Justices.


JUDGMENT FOR DEFENDANT.

GOODWIN, J.

The relator brings this proceeding in the nature of quo warranto to challenge the right of Leon P. Minear to hold office as superintendent of public instruction.

The case presents two questions: (1) Is ORS 326.005 (1) (Oregon Laws 1961, ch 624, § 1), under the provisions of which the superintendent holds office, constitutional? (2) If not, does it necessarily follow that the incumbent must vacate the office...

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