20 Or. 315 | Or. | 1891
— The only question which we are required to decide in this case is, does the city of Medford have authority under its charter to establish fire limits and prohibit the erection of wooden buildings therein? The provisions of the charter of Medford, so far as they are applicable to the case in hand, are as follows. “ The board of trustees shall have power: 1. To adopt resolutions and by-laws and make ordinances not repugnant to the laws of this state or of the United States. 7. To regulate the storage of gunpowder, tar, pitch, resin and all other combustible materials, and the use of candles, lamps and other lights in stores, shops, stables, and other places; to prevent, remove and secure any fire-place, stove, chimney, oven or boiler or other apparatus which may be dangerous in causing fire and to provide for the prevention and extinguishment of fires. 10 To prevent and restrain any riot or disorderly assem
The authorities on this question are, however, not harmonious, and there are many decisions holding a contrary doctrine to those above referred to. (Mayor v. Thorne, 7 Paige, 261;
The judgment of the court below must, therefore, be affirmed.