State ex rel. Attorney General v. O'Neill
Wisconsin Supreme Court
APPLICATION for a Mandamus. Section 1, cb.. 401, Local Laws of 1869, entitled “An act establishing a board of public works in the city of Milwaukee,” provides, inter alia, that “the members of the first board shall be appointed by the mayor of said city, with the approval of a majority of both boards of the common council.
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APPLICATION for a Mandamus. Section 1, cb.. 401, Local Laws of 1869, entitled “An act establishing a board of public works in the city of Milwaukee,” provides, inter alia, that “the members of the first board shall be appointed by the mayor of said city, with the approval of a majority of both boards of the common council. The members of the first board shall be appointed within three weeks after the passage and publication of this act, and shall hold their offices, respectively, one, two and three years, the term of each to be designated by the mayor, in making his appointment, and to…
1Opinion of the CourtCole, J.
The principal objection taken to the law mentioned in the relation and alternative writ is, that the act was not passed, and did not become a law, by the will of the legislature. It is insisted that it clearly appears, from the various provisions of the act, and more especially from the language of the thirty-seventh section, that the legislature merely proposed the law, and submitted the question to the electors of the city of Mil*152waukee wliether it should become a law or not. The law, therefore, it is said, derives its authority as a law, not from the will of the legislature which enacted…
2Cases cited3 opinions
- Barto v. . HimrodNew York Court of Appeals · 1853
- Brainard v. . JonesNew York Court of Appeals · 1858
- Dalrymple v. Town of WhitinghamSupreme Court of Vermont · 1854
3Cited by44 opinions
- State ex rel. Attorney General v. CunningamWisconsin Supreme Court · 1892
- State ex rel. Bolens v. FrearWisconsin Supreme Court · 1912
- Dowling v. Lancashire InsuranceWisconsin Supreme Court · 1896
- State ex rel. Cook v. HouserWisconsin Supreme Court · 1904
- In re Incorporation of Village of North MilwaukeeWisconsin Supreme Court · 1896
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