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But is constructing a bridge over a navigable river a matter of "purely municipal concern?" Is it not a concern of the whole of Oregon and all of its people?
Section 118½, referred to in the latter opinion, is an initiative amendment of its charter adopted by the voters of the City of Portland June 7, 1909, authorizing the construction of what is known as the "Broadway Street Bridge." It authorized the issue of $2,000,000.00 in bonds for the construction of the bridge over the Willamette River and empowered the City of Portland to appropriate and condemn all property, including franchises, which the "Executive Board, or its successors, may require to carry into effect this Section" (118½).
In each of these opinions it is said that Section 76 of the Charter of Portland, passed by the Legislature in 1903, gave the power to the City of Portland to construct bridges over the Willamette River.
Section 76 of the Portland charter provides that:
The Council of the City of Portland shall, at all times, under the limitations herein set out have power to provide ***** for the acquisition, ownership, construction and maintenance of * * * * * bridges and ferries and such other public utilities as the Council may designate; provided, however, save as otherwise prescribed in this charter, no contract or agreement for the purchase, condemnation, ownership, construction or operation by the city, of any public utility shall be entered into by the Council without first submitting such proposed contract or agreement to the qualified voters of the city, in accordance with the provisions of this article.
While it might otherwise appear that the initiative amendment 118½ of the Portland charter does not refer to Section 76 of that charter, but is a distinct addition to the charter and the right to build this bridge is wholly under said Section 118^, and was not exercised under said Section 76 or under any other amendment thereof, the decision of the Supreme Court apparently determines the matter, although prior to this decision there was some question as to whether the city had more than a bare recognition of a right to construct bridges, for there is no grant under the charter of the City of Portland or by an act of the Legislature, prior to the passage of the amendment of the Portland charter, complained of in the Kiernan case, which authorized in express terms the
