488 P.2d 1184 | Or. | 1971
The petitioners allege that the Secretary’s apportionment plan for the Oregon Legislature is contrary to the Constitution of the United States because “it unfairly divides a well-defined area which includes a large segment of the poor and black citizens of Multnomah County, the effect of which is to minimize or cancel out the voting strength of a cognizable racial and cognizable political element of the population.”
The petitioners request us to take original jurisdiction of their petition, that is, they request us to hear their case without the necessity of its first being tried in a trial court and then brought to us on appellate review. Almost all of our cases come to us on appellate review from trial courts and any evidence
In the petition of Hovet v. Myers, decided this date, those petitioners did not contend that the Secretary’s plan was contrary to the United States Constitution; they contended only that it violated the Oregon Constitution. In that ease it was necessary to interpret the Constitution of the United States, but only to enable us to decide that the Secretary was justified in submitting a plan which was not in accordance with the Oregon Constitution.
The petition is dismissed without prejudice to the petitioners’ right to file a proceeding in the appropriate court challenging the federal constitutionality of the Secretary’s plan.