149 P.2d 972 (Or. 1944), City of Portland v. Thornton

Citation149 P.2d 972, 174 Or. 508
Opinion Judge[174 Or. 509] BELT, Justice.
Party NameCITY OF PORTLAND v. THORNTON.
Attorney[174 Or. 509] Lyman E. Latourette, City Atty., and Joseph O. Stearns, Jr., both of Portland (Lyman E. Latourette, City Atty., and John B. Seabrook, Deputy City Atty., both of Portland, on the brief), for respondent. Carl D. Etling and Harlow C. Barber, both of Portland (Carl D. Etling and Harlow ...
Judge Panel[174 Or. 508] Before BAILEY, Chief Justice, and BELT, ROSSMAN, KELLY, LUSK, BRAND, and HAY, Justices.
Case DateJune 27, 1944
CourtSupreme Court of Oregon

Page 972

149 P.2d 972 (Or. 1944)

174 Or. 508

CITY OF PORTLAND

v.

THORNTON.

Supreme Court of Oregon

June 27, 1944

Appeal from Circuit Court, Multnomah County; Walter L. Tooze, Judge.

Rowena Thornton was convicted on appeal from a conviction by municipal court of violating ordinance of the City of Portland, in that she permitted her daughter 10 years of age to expose and offer for sale on the street a periodical, and she appeals.

Affirmed.

[174 Or. 509] Lyman E. Latourette, City Atty., and Joseph O. Stearns, Jr., both of Portland (Lyman E. Latourette, City Atty., and John B. Seabrook, Deputy City Atty., both of Portland, on the brief), for respondent.

Carl D. Etling and Harlow C. Barber, both of Portland (Carl D. Etling and Harlow C. Barber, both of Portland, Roy Albert Swayze, of Arlington, Va., and Hayden C. Covington, of Brooklyn, N. Y., on the brief), for appellant.

[174 Or. 508] Before BAILEY, Chief Justice, and BELT, ROSSMAN, KELLY, LUSK, BRAND, and HAY, Justices.

[174 Or. 509] BELT, Justice.

The defendant, on October 27, 1942, was convicted of violating Ordinance No. 76339 of the city of Portland in that she permitted her daughter 10 years of age to "expose and offer for sale on the street a newspaper, magazine, or periodical." A fine of $25 was imposed upon defendant by the municipal court, whereupon she appealed to the circuit court for Multnomah county. The cause was submitted to the

Page 973

circuit court, without a jury, and, after hearing, the defendant was found guilty as charged and sentenced to pay a fine of $25. Hence the appeal to this court.

Section 16-903 of the above ordinance provides:

"Selling of Newspapers By Boys Under Ten Years and Girls Under Eighteen Years Prohibited. It shall be unlawful for the parent, guardian, custodian or person having charge or control of any boy under the age of ten years or of any girl under the age of eighteen years to permit any such boy or girl to sell, expose or offer for sale on any street any newspaper, magazine or periodical; and it shall be unlawful for any such boy or girl to sell, expose or offer for sale on any street any newspaper, magazine or periodical."

[174 Or. 510] There is no material conflict in the evidence. Defendant and her daughter Brooke are Jehovah's Witnesses and, according to their testimony, are ordained ministers of the gospel...

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18 practice notes
  • 577 A.2d 254 (Vt. 1990), 86-128, State v. DeLaBruere
    • United States
    • Vermont Supreme Court of Vermont
    • 27 Abril 1990
    ...religious freedom as "identical in meaning" to the United States [154 Vt. 269] Constitution. See City of Portland v. Thornton, 174 Or. 508, 512-13, 149 P.2d 972, 974 (1944). More recent cases have, however, involved independent interpretations of Article I, §§ 2 and 3 of the Orego......
  • 723 P.2d 298 (Or. 1986), SC S32472, Cooper v. Eugene School Dist. No. 4J
    • United States
    • Oregon Supreme Court of Oregon
    • 29 Julio 1986
    ...Amendment's ban on laws prohibiting the free exercise of religion 11 as "identical in meaning," City of Portland v. Thornton, 174 Or. 508, 512, 149 P.2d 972 (1942); but identity of "meaning" or even of text does not imply that the state's laws will not be tested against ......
  • 13 Cal.3d 528, 16520, People v. Brisendine
    • United States
    • California Supreme Court of California
    • 20 Febrero 1975
    ...Cohen v. Superior Court, 173 Cal.App.2d 61, 67; Pickett v. Matthews, 238 Ala. 542, 192 So. 261, 265--266; City of Portland v. Thornton, 174 Or. 508, 973), and are generally followed (see, e.g., People v. Jackson, 22 Ill.2d 382, 176 N.E.2d 803, 805; Sperry & Hutchinson Co. v. State, 188 ......
  • 721 P.2d 445 (Or. 1986), SC S32481, Smith v. Employment Div., SC S32481, Dept. of Human Resources
    • United States
    • Oregon Supreme Court of Oregon
    • 24 Junio 1986
    ...to determine whether solicitation was religious held invalid). In a line of decisions starting with City of Portland v. Thornton, 174 Or. 508, 512-13, 149 P.2d 972 (1944), cert. den. 323 U.S. 770, 65 S.Ct. 123, 89 L.Ed. 616 (1944), this court interpreted the Oregon guarantees of religious f......
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14 cases
  • 577 A.2d 254 (Vt. 1990), 86-128, State v. DeLaBruere
    • United States
    • Vermont Supreme Court of Vermont
    • 27 Abril 1990
    ...religious freedom as "identical in meaning" to the United States [154 Vt. 269] Constitution. See City of Portland v. Thornton, 174 Or. 508, 512-13, 149 P.2d 972, 974 (1944). More recent cases have, however, involved independent interpretations of Article I, §§ 2 and 3 of the Orego......
  • 723 P.2d 298 (Or. 1986), SC S32472, Cooper v. Eugene School Dist. No. 4J
    • United States
    • Oregon Supreme Court of Oregon
    • 29 Julio 1986
    ...Amendment's ban on laws prohibiting the free exercise of religion 11 as "identical in meaning," City of Portland v. Thornton, 174 Or. 508, 512, 149 P.2d 972 (1942); but identity of "meaning" or even of text does not imply that the state's laws will not be tested against ......
  • 13 Cal.3d 528, 16520, People v. Brisendine
    • United States
    • California Supreme Court of California
    • 20 Febrero 1975
    ...Cohen v. Superior Court, 173 Cal.App.2d 61, 67; Pickett v. Matthews, 238 Ala. 542, 192 So. 261, 265--266; City of Portland v. Thornton, 174 Or. 508, 973), and are generally followed (see, e.g., People v. Jackson, 22 Ill.2d 382, 176 N.E.2d 803, 805; Sperry & Hutchinson Co. v. State, 188 ......
  • 721 P.2d 445 (Or. 1986), SC S32481, Smith v. Employment Div., SC S32481, Dept. of Human Resources
    • United States
    • Oregon Supreme Court of Oregon
    • 24 Junio 1986
    ...to determine whether solicitation was religious held invalid). In a line of decisions starting with City of Portland v. Thornton, 174 Or. 508, 512-13, 149 P.2d 972 (1944), cert. den. 323 U.S. 770, 65 S.Ct. 123, 89 L.Ed. 616 (1944), this court interpreted the Oregon guarantees of religious f......
  • Request a trial to view additional results