State v. Briggs
| Decision Date | 05 November 1904 |
| Citation | State v. Briggs, 45 Or. 366, 78 P. 361 (Or. 1904) |
| Parties | STATE v. BRIGGS. |
| Court | Oregon Supreme Court |
On petition for rehearing. Overruled.
For former opinion, see 77 P. 750.
By a petition for rehearing several points are raised and discussed which were not presented at the original hearing and are not mentioned in the briefs of either party. We have however, examined the questions made, but deem them without sufficient merit to justify a rehearing. The section of the statute (Laws 1903, p. 27, § 1) making it unlawful for any person who is not a duly registered barber to conduct a barber school without the sanction of the board of barber examiners does not, as we interpret it, vest in the board absolute power to grant or withhold such permission at its pleasure. The section is a part of the general act regulating the pursuit, business, or calling of a barber, and must be construed in connection with the entire act. There is no purpose indicated anywhere in the law to vest the board with absolute power in any respect. It is not given authority to issue or withhold permission to conduct a barber school at its discretion, nor does the statute confer upon it a naked absolute power in that particular. The power granted is to be exercised in a reasonable and just manner, having due regard to the qualifications and fitness of the applicant.
The point that the...
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State v. Atlantic Coast Line R. Co.
...State ex rel. Drew v. Board of State Canvassers, 16 Fla. 17; Cooley's Con. Lim. (7th Ed.) 164; State v. Briggs, 45 Or. 366, 77 P. 750, 78 P. 361, 2 Am. & Ann. Cas. 424, and note; State ex rel. Milhoof v. Board of Education of Village of Barberton, 76 Ohio St. 297, 81 N.E. 568, 10 Am. & Eng.......
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State ex rel. School Dist. No. 25 v. Evans
... ... [82 Or. 57] These features readily distinguish the instant case from authorities relied upon by defendants like State v. Briggs, 45 Or. 366, 77 P. 750, 78 P. 361, 2 Ann. Cas. 424; State v. [160 P. 144] Port of Bay City, 64 Or. 139, 129 P. 496; Stettler v. O'Hara, 69 Or. 519, 139 P. 743, Ann. Cas. 1916A, 217; Louisville Co. v. Garrett, 231 U.S. 298, 34 S.Ct. 48, 58 L.Ed. 229; State v. Houser, 122 Wis. 534, 100 N.W. 964; ... ...
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Marx v. Maybury, 674.
...N. W. 748, 48 L. R. A. 88, 79 Am. St. Rep. 422; State v. Armeno, 29 R. I. 431, 72 A. 216; State v. Briggs, 45 Or. 366, 77 P. 751, 78 P. 361, 2 Ann. Cas. 424; Moler v. Whisman, 243 Mo. 571, 147 S. W. 985, 40 L. R. A. (N. S.) 629, Ann. Cas. 1913D, 392; Ex parte Lucas, 160 Mo. 218, 61 S. W. 21......
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M & M Wood Working Co. v. State Indus. Acc. Commission
...Portland, 79 Or. 260, 154 P. 410, 414. The principles cited by both parties are well established. State v. Briggs, 45 Or. 366, 77 P. 750, 78 P. 361; State v. Wright, 53 Or. 344, 100 P. 296, 21 L.R.A.,N.S., 349; In re Willow Creek, 74 Or. 592, 144 P. 505, 146 P. 475; Evanhoff v. State Indust......