Sonniksen v. Hood River Gas & Electric Co., 76 Or. 25 (146 Pac. 980). Interpreting the instruction last set forth with the part of the charge first herein before quoted, it is believed no error was committed as alleged. 12. It is insisted that an error was committed in telling the jury: "When a client contracts with an attorney to pay a stated sum for stated services, and thereafter settles with his adversary, and thereby terminates the litigation, the attorney is entitled to recover the stipulated fee. The client by going and settling the case cannot deprive the attorney of his rights." The language complained of correctly states the rule applicable to such a state of facts as has hereinbefore been determined. It is argued, however, that this instruction permitted the plaintiffs to take advantage of their own wrong in refusing further to prosecute the Elizabeth Beard suit, thereby compelling the defendants to enter into the compromise agreement. It will be remembered that, though the defendants were informed by the plaintiffs that they would not further represent them in the trial of the cause, such notice was countermanded, and they did try that suit. Pending a final determination, which was postponed in order to allow the defendants to conclude a settlement, a compromise was made without conferring with the plaintiffs. If the defendants sustained any loss by the plaintiffs' conduct, it is difficult to understand why they did not allege in the answer in what sum of money, if any, they were damaged. In the absence of such an averment, no error was committed in the respect mentioned. Other errors are assigned, but a careful examination thereof, when viewed in the light of the entire transcript before us, leads us to the conclusion that the judgment should be affirmed. It is therefore so ordered. AFFIRMED. MR. CHIEF JUSTICE MCBRIDE, MR. JUSTICE BENSON and MR. JUSTICE BEAN Concur. MR. JUSTICE BURNETT taking no part in the consideration of this case. Argued December 20, 1916, reversed January 16, 1917. Constitutional Law-Initiated Amendments Construction. 1. In the construction of initiated constitutional amendments, the intent of the people should be ascertained and given full effect, without straining any of the language, or distorting it, or giving it an unnatural meaning, but according every word, clause and sentence whatever consistent meaning the context naturally suggests. [As to construction of initiative or referendum provisions in Constitution, statute or municipal charter, see note in Ann. Cas. 1916B, 819.] Constitutional Law-Initiated Amendments Construction Together. 2. Initiated constitutional amendments adopted by the electorate at the same time must be construed together. Municipal Corporations-Powers-Construction. 3. To the extent that attributes of sovereignty are granted to local subdivisions, the language carrying the grant should be strictly construed, as such grant is a limitation upon the power of legislation. Municipal Corporations - Port - Initiative Amendment of CharterConstitutional and Statutory Provisions. 4. Laws of 1901, page 417 (Sections 6076-6105, L. O. L.), revising all previous legislation as to the creation of the Port of Portland as a municipal corporation by Section 6078, empowers the port to improve the harbor in the Willamette River “at the City of Portland," and by Section 6079 empowers it to control the river in the harbor "at the City of Portland,” and further grants the right to make regu *On initiative and referendum generally, see comprehensive note in 50 L. R. A. (N. 8.) 204. REPORTER. lations for the navigation "of said harbor in said City of Portland"; and in 1912 the legal voters of the port, acting on an initiative petition, attempted to amend their charter by including the power to dredge a slough in the Columbia River within the port, but outside the city limits. Article XI, Section 2, of the Constitution as amended and adopted in 1906, provides that corporations may be formed under general laws, but shall not be created by special laws, and that the legislative assembly shall not enact or amend any charter for any municipality, city or town, and grants the legal voters of every city and town power to amend their municipal charter, and Article IV, Section la, of the Constitution as amended and adopted at the same time, provides that the initiative and referendum powers reserved by the Constitution shall be reserved to the legal voters of every municipality and district as to all the special and municipal legislation, and that the manner of exercising such powers shall be prescribed by general laws, except that cities and towns may provide the manner of exercising such powers as to their municipal legislation, and Article IV, Section 1 of the Constitution as amended and adopted in 1902, declares that the legislative authority of the state shall be vested in a legislative assembly, and reserves to the people power to propose laws and constitutional amendments and to enact them at the polls, and reserves power to approve or reject legislative acts. Held that charters or laws, granting or enumerating the powers exercisable by a corporation, are indispensable, and that while cities and towns can enact or amend their own charters, no other corporation, such as a port, can, without an enabling act, legislate power unto itself to legislate, so as to amend its charter or act of incorporation. Municipal Corporations- Statutes - Port - Amendment of Charter— Legislative Power-"Referendum"-"Any." 5. Article IV, Section 1a, of the Constitution as amended and adopted in 1906, provides that the initiative and referendum powers reserved to the people by the Constitution shall be further reserved to the legal voters of any municipality and district as to all special and municipal legislation; that the manner of exercising such powers shall be prescribed by general laws, except that cities and towns may provide for the manner of exercising the initiative and referendum powers as to their municipal legislation, and Article XI, Section 2, of the Constitution as amended and adopted in 1906, provides that corporations may be formed under general laws, but shall not be created by the legislative assembly by special laws, and that the assembly shall not enact or amend any charter or act of incorporation for any municipality, city or town, and that the legal voters of every city and town may enact or amend their municipal charter subject to the Constitution. Held, that the word "referendum" of itself implies the existence of a law-making body other than the legal voters; that the word "any" may sometimes signify "every" or "all," but primarily means one individually out of a number, and is a derivative of one signifying an indeterminate unit, or number of units out of many or all; and that, in view of the history and purpose of the amendment, the legislative assembly, while it cannot enact a special measure, amending a city or town charter, may enact a special law, amending the charter or act of incorporation of a municipality other than a city or town, such as a port, and that if the assembly passes a special measure for a municipality other than a city or town, its legal voters can apply the referendum to that measure. Judgment-Persons Concluded-Municipalities. 6. A judgment for or against a municipal corporation in a suit concerning a matter of general interest is binding, not only on the municipality and its officers, but also upon citizens or taxpayers in so far as it concerns their interests as members of the general public, and a judgment between certain residents or taxpayers and a municipality may be conclusive on all other citizens similarly situated. Judgment Conclusiveness—Appellate Court. 7. The decision of an appellate court is conclusive upon the parties as to the matter adjudged in subsequent litigation between them in the same or any other court, and this is true even though the appellate court has since decided differently in other cases. From Multnomah: GEORGE N. DAVIS, Judge. In Banc. Statement by MR. JUSTICE HARRIS. The object of this suit is to determine whether the Port of Portland can lawfully expend its funds in dredging and improving Oregon Slough. Hayden Island divides the waters of the Columbia River, as they move westward to the sea, so that a portion of the stream passes along the south side of the island through what is known as Oregon Slough and the remainder flows through the main channel along the north side until it reaches the lower end of the island where all the waters are again united. The lines traced by the Columbia and Willamette Rivers may be likened to the letter Y. The Willamette forms one arm of the Y by flowing through the City of Portland and running in a northwesterly direction until it empties into the Columbia; and the other arm of the Y is supplied by the Columbia. The stem of the Y is drawn by the Columbia running westward from the confluence of the rivers to the sea. The arms of the Y inclose a body of land which is known as the Peninsula district and upon which many large and important industries are located. Oregon Slough is in the arm of the Y formed by the Columbia River and consequently the confluence of the two rivers is west of and below Hayden Island and Oregon Slough. Many of the industries which have been established in the Peninsula district are located on or near Oregon Slough and need the use and development of the harbor in Oregon Slough for the purpose of promoting their business interests. Oregon Slough is within the boundary lines of the Port of Portland, but it is not included within the limits of the City of Portland. The legislature created the Port of Portland in 1891 by an act which declares in Section 2 that the object of the port "shall be to so improve the Willamette River at the cities of Portland, East Portland and Albina (now united and known as the City of Portland), and the Willamette and Columbia Rivers between said cities and the sea". Laws of 1891, p. 791. Afterwards, the legislative assembly revised all previous legislation and merged it into a single enactment which is found in Laws of 1901 page 417, and is codified in Sections 6076 to 6105 L. O. L. inclusive. Section 3 of the act (Section 6078 L. O. L.) gives the port "power to so improve the harbor in the Willamette River at the City of Portland, and the channel of the Willamette and Columbia Rivers between said harbor and the sea;" Section 4 (Section 6079 L. O. L.) repeats the limitation, found in Section 3, when power is granted to control the Willamette River "in the harbor at the City of Portland, and of the Willamette and Columbia Rivers between said harbor and the sea;" and the same restriction appears in the language which grants the right to make rules and regulations for the navigation and use "of said harbor in said City of Portland" or of the Willamette and Columbia Rivers "between said harbor and the sea.” |