MARTINDELL v. MYERS


493 P.2d 42 (1972)

James W. MARTINDELL and Portland General Electric Company, an Oregon Corporation, Petitioners, v. Clay MYERS, Secretary of State, Respondent.

Supreme Court of Oregon.

Decided January 26, 1972.


Attorney(s) appearing for the Case

Warren Hastings, Portland, argued the cause for petitioners. With him on the brief were Charles E. McGinnis, and Phillips, Coughlin, Buell, Stoloff & Black, Portland.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

Before O'CONNELL, C.J., and DENECKE, HOLMAN, TONGUE, HOWELL and BRYSON, JJ.


PER CURIAM.

On November 30, 1971, an initiative measure was filed with the Secretary of State to amend the Constitution by creating a new article to be entitled the "Nuclear Safety and Protection Act."

The ballot title prepared by the Attorney General and returned to the Secretary of State reads:

"CONSTITUTIONAL AMENDMENT REGULATING NUCLEAR PLANTS "This measure amends Oregon Constitution to prohibit nuclear plants (except university operated...

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