State ex rel. Attorney General v. Moores
Nebraska Supreme Court
Original action in the nature of quo warranto presenting to the supreme court the constitutionality of legislative enactments conferring upon the governor power to appoint four members of the board of fire and police commissioners of the city of Omaha. The facts and issues are stated in the opinions. The federal constitution guaranties to every state in the Union a republican form of government. A state with a different form of government could not be admitted.
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Original action in the nature of quo warranto presenting to the supreme court the constitutionality of legislative enactments conferring upon the governor power to appoint four members of the board of fire and police commissioners of the city of Omaha. The facts and issues are stated in the opinions. The federal constitution guaranties to every state in the Union a republican form of government. A state with a different form of government could not be admitted. The right of local self-government is an essential element of republican government. Therefore it is not within the power of the…
1Dissent
Ryan, C.,
dissenting.
We cannot concur in the views of a majority of the court. This action of quo warranto was instituted in this court upon the relation of the attorney general to test the right of J. H. Peabody, D. D. Gregory, William C. Bullard, and R. E. L. Herdmuan to serve as fire and police commissioners of the city of Omaha under and by virtue of appointments of the governor of this state. Certain other parties were made defendants or became such by intervention, but neither their claims nor status need be described, for the sole question presented by the demurrer to the answer…
2Cases cited22 opinions
- People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
- People ex rel. Le Roy v. HurlbutMichigan Supreme Court · 1871
- Mayor of Baltimore v. State ex rel. Board of PoliceCourt of Appeals of Maryland · 1860
- People ex rel. Board of Park Commissioners v. Common CouncilMichigan Supreme Court · 1873
- Commonwealth v. PlaistedMassachusetts Supreme Judicial Court · 1889
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