Oregon State Grange v. McKay

• Citation: 193 Or. 627,239 P.2d 834
• Parties: OREGON STATE GRANGE et al. v. McKAY.
• Decision Date: 23 January 1952
• Court: Oregon Supreme Court

Page 834

239 P.2d 834

193 Or. 627

OREGON STATE GRANGE et al. v. McKAY.

Supreme Court of Oregon, En Banc.

Submitted Jan. 10, 1952.

Decided Jan. 23, 1952.

Kell & Hamilton, Portland, for the petition.

George Neuner, Atty. Gen., and E. G. Foxley, Deputy Atty. Gen., contra.

PER CURIAM.

The appellants, relators in the court below, have petitioned for a rehearing on the ground that the court erred in not applying to this case the exception to the general rule concerning moot cases stated in Perry v. Oregon Liquor Control Commission, 180 Or. 495, 498, 499, 177 P.2d 406, 407, as follows: 'We agree that courts ordinarily do not determine moot questions. There is, however, a well recognized exception to this general rule. Where the question is one involving the public welfare, and there is a likelihood of it being raised again in the future, a court in the exercise of its discretion may decide it for the guidance of an official administrative agency.'

We, of course, recognize that courts will, in the exercise of discretion, decide moot questions when the conditions referred to in the Perry case are present. We considered the exception to the general rule before rendering our former opinion, but we are not prepared to say that this case meets those conditions.

The authority of the governor to proclaim a period of daylight saving time is found in § 3 of ch. 373, Oregon Laws 1949, which reads: 'At any future time when the economy and general welfare of this state are placed at material disadvantage by lack of uniformity between standard Oregon time as herein established and the time in general use in the states bordering on Oregon, and upon a formal finding of such fact made by the governor of this state then and in that event only the governor shall by proclamation published throughout the state vary standard Oregon time as herein established by not more than one hour and for such period as may be necessary to eliminate such condition. After any such proclamation standard Oregon time shall be and exist as stated in such proclamation.'

Action by the governor under this provision in this or future years will depend upon what other states may do and a finding by the governor that 'the economy and general welfare of this state are placed at material disadvantage by lack of uniformity between standard Oregon time' and 'the time in general use in the states bordering on Oregon.' We cannot say that it is either likely or unlikely that a situation will again arise which will move the governor to make the 'formal finding of fact' which must be the basis of his proclamation. There is even more uncertainty as to whether the...