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LIPSCOMB v. STATE BD. OF HIGHER ED.

TC 85-0618; CA A39708; SC S34199.

753 P.2d 939 (1988)

305 Or. 472

Paul J. LIPSCOMB, Donna M. Lipscomb, John W. Jensen, Paula M. Bechtold and Robert D. Laird, Respondents On Review, v. STATE of Oregon by and through the State Board of Higher Education, the Department of Higher Education, the Public Employe's Retirement Board and the Public Employe's Retirement System, and William E. (Bud) Davis, Ross Hall and Kenneth Maul, Petitioners On Review, and William E. Whitelaw, Individually and As Class Representative, Respondent.

Supreme Court of Oregon, In Banc.

Decided April 19, 1988.

Attorney(s) appearing for the Case

William F. Gary, Deputy Atty. Gen., Salem, appeared on behalf of petitioners on review. With him on the brief were Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., Virginia L. Linder, Asst. Sol. Gen., and Richard D. Wasserman, Asst. Atty. Gen., Salem.

Thomas C. Tankersley, of Drabkin, Tankersley and Richardson, McMinnville, appeared on behalf of respondents on review. With him on the brief was Paul J. Lipscomb, Salem.

LINDE, Justice.

In 1921, the Governor's veto power under the Oregon Constitution was amended to include, besides single items in appropriation bills, "any provision in new bills declaring an emergency, without thereby affecting any other provision of such bill." The present dispute concerns whether the quoted words empower the Governor to veto only an emergency clause or any provision of a bill if the bill contains such a clause.

In 1983, the Legislative Assembly...

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