Kiernan v. Portland, 223 U.S. 151 (1912)

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Kiernan v. Portland

No. 503

Argued November 3, 1911
Decided February 19, 1912
223 U.S. 151

ERROR TO THE SUPREME COURT

OF THE STATE OF OREGON

Syllabus

Pacific states Telephone Co. v. Oregon, ante, p. 118, followed to the effect that the determination of whether the government of a state is republican in form within the meaning of § 4 of Art. IV of the Constitution is a political question within the jurisdiction of Congress and over which the courts have no jurisdiction.

Where the record does not contain the petition for rehearing, but the opinion of the state court denying it discusses at length the federal question relied on here, this Court will infer that the subject was included in the petition.

Quaere whether the plaintiff in a taxpayer’s suit against a city to enjoin the issuing of bonds to build a bridge over navigable waters on the ground of unconstitutionality of the ordinance can raise the question of lack of consent of the government of the United States.

The facts, which involve the constitutionality under § 4 of Art. IV of the federal Constitution of the initiative and referendum provision of the Constitution of the Oregon, are stated in the opinion.