118 P. 169 | Or. | 1911
delivered the opinion of the court.
It is contended that the statute authorizing the appointment of arbitrators, under the circumstances herein-before detailed, and containing the following clause, “The arbitrators’ decision shall be final, except that it
The organic act contains the following declaration: “Every man shall have remedy by due course of law for injury done him in person, property or reputation.” Article I, Section 10 of the Constitution. The judicial power of the State is vested in certain courts, and all authority not exclusively bestowed on some other court shall belong to the circuit court. Article VII, Sections 1, 9 of the Constitution.
It is argued that a writ of review challenges only the jurisdiction of an inferior tribunal, and, however erroneous its determination may be, the remedy prescribed by the statute referred to is inadequate, and the provisions of the enactment quoted practically deprive a taxpayer in a school district which has been divided of his property without giving him an opportunity to be heard on the merits in a court recognized by the Constitution of Oregon.
Believing that no clause of the constitution was violated as alleged, the judgment is affirmed. Affirmed.