Herbring v. Brown’s Empirical Analysis

Citation profile

1 district · 6 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Counsel for petitioner suggests that the term ‘measures’ used in the amendment, enlarges the scope of the powers reserved beyond express reservation, but this is evidently not the purpose with which that term is employed. As before observed, there are two powers reserved. (1) The power to propose laws and amendments to the constitution, and to enact or reject them at the polls, and (2) the power to enact or reject at the polls any act of the Legislative Assembly. The subject matter upon which these powers may be exercised namely: initiative laws, constitutional amendments, and acts of the legislature referred to the people, are thereafter referred to collectively as ‘measures’, merely as a matter of convenience and to avoid frequent enumeration of the powers reserved, and not with the intent to include other and different powers within the scope of the amendment. Had it been the intent of the framers of the referendum amendment to go beyond these express reservations, it would have been easy and natural for them to have said so”. Herbring v. Brown, 92 Or. 176 ( 180 P. 328 ).”

   1 later decision quote this exact passage
   e.g. State Ex Rel. Bylander v. Hoss