State ex rel. Baltzell v. Stewart
Wisconsin Supreme Court
CeetioeaRi to the Judge of the Ninth Judicial Circuit. Pursuant to ch. 883, Laws of 1889, George E. Bryant and others presented to said judge their petition for the appointment of drainage commissioners.
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CeetioeaRi to the Judge of the Ninth Judicial Circuit. Pursuant to ch. 883, Laws of 1889, George E. Bryant and others presented to said judge their petition for the appointment of drainage commissioners. Objections to such appointment were filed by James Robbins and John B. Baltzell, the relator, the owners of the dam and water power at the outlet of Lake Mendota, and by the Stoughton Milling Co. After a hearing the court made an order appointing the commissioners, amd to review such order a writ of certiorari was sued out. contended, inter alia, that the act of 1889 is a special one granting…
1Opinion of the CourtCole, C. J.
This is a proceeding to reverse and set aside an order of the circuit judge of Dane county appointing three drainage commissioners under ch. 383, Laws of 1889. The validity of this act is challenged on several grounds.
In the first place it is insisted that the act is void because *625in conflict with subd. 7, sec. 31, art. IT, of the constitution, which prohibits the legislature from enacting any special or private law granting corporate powers or privileges, except to cities. That ch. 383 is a special act as distinguished from a general law, it seems to me there can be no doubt. In State ex rel.…
2Cases cited11 opinions
- State ex rel. Cothren v. LeanWisconsin Supreme Court · 1859
- Donnelly v. DeckerWisconsin Supreme Court · 1883
- Smith v. SherryWisconsin Supreme Court · 1880
- Bryant v. RobbinsWisconsin Supreme Court · 1887
- Cathcart v. ComstockWisconsin Supreme Court · 1883
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3Cited by35 opinions
- Carson v. St. Francis Levee DistrictSupreme Court of Arkansas · 1894
- In re the Appointment of a Revisor of the StatutesWisconsin Supreme Court · 1910
- Ross v. Board of SupervisorsSupreme Court of Iowa · 1905
- Morrison v. MoreySupreme Court of Missouri · 1898
- City of Brookfield v. Milwaukee Metropolitan Sewerage DistrictWisconsin Supreme Court · 1992
30 more not listed; retrieve them via the Exa API.