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It should be borne in mind that said Section 1a provides that "not more than ten per cent of the legal voters may be required to order a referendum." So there is a conflict between the McNary ordinance and the Constitution, although the provisions of Section 11 of the Act of 1907 may apply, which provides that "referendum petitions against any ordinance, franchise or resolution passed by a City Council shall be signed by not less than ten per cent of the voters of said city." The Supreme Court might hold that Portland, having adopted the McNary ordinance, the void provision would not be enforced under the Act of 1907.
Section 5 of said McNary ordinance provides that the Auditor of Portland "shall verify the signatures and voting qualifications of the persons signing the same" (referendum and initiative petitions), "by reference to the registration books in the office of the County Clerk of Multnomah County."
This is a recognition that the whole number of votes cast for Justice of the Supreme Court at the general election last preceding the filing of any petition, does not apply to said Section 1a of Article IV.
The Supreme Court of Oregon has also passed on the question as to the rights of the Legislature and of the people of a municipal corporation to alter, amend or repeal its charter or act of incorporation. Without such decisions, it would appear that it was the intention of the people adopting the amendment of Section 2 of Article XI of the Constitution, that the Legislature could not in any way enact, amend or repeal the charter of any municipality in the State of Oregon. Earlier cases so decided.
In Acme Dairy Company v. City of Astoria, supra, Mr. Justice Moore, referring to Section 2 of Article XI, as amended, said:
It will thus be seen that this change in the organic law deprives the Legislative Assembly of all authority to enact, amend or repeal any charter of a city or town, the legal voters of which reserve to themselves the exercise of all such powers, except the right of repeal.
In City of Eugene v. Willamette Valley Co., 52 Ogn. 490, Mr. Justice Moore, referring to said Section 2 of Article XI, as amended, said:
