Legal Opinion

Sheboygan Co. v. Parker

Supreme Court of the United States

Decided January 18, 1866PublishedCited by 47 opinions

The constitution of Wisconsin ordains that “all county officers shall be elected by the electors of the respective counties.”

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The constitution of Wisconsin ordains that “all county officers shall be elected by the electors of the respective counties.” With this fundamental law in force, and with a county board of supervisors in existence, who, under the constitution and laws, were the ordinary administrators of its affairs, the legislature of the State, by “an act to authorize the County of Sheboygan to aid in the construction of a railroad,” constituted Lewis Curtis, “Billy Williams,” and three other persons less peculiarly entitled, a board of commissioners for aiding the project. The act directed a vote of the…

1Opinion of the CourtJustice Grier

It is admitted that the bonds in question were issued in conformity with the statute of the Wisconsin legislature. By this statute, the bonds issued in pursuance of it are made “ full and complete evidence, both in law and equity, to establish the indebtedness of the county according to their tenor and effect.”

The objection is, that the act is unconstitutional and void. Is the objection well founded?

The commissioners or board of supervisors of a county, in the exercise of their general powers as such, have no authority to subscribe stock to railroads, and bind the people of the county to pay…

2Cited by47 opinions

  1. Coulter v. PoolCalifornia Supreme Court · 1921
  2. Martin v. TylerNorth Dakota Supreme Court · 1894
  3. Evans v. Beattie, Comptroller GeneralSupreme Court of South Carolina · 1926
  4. Provident Life & Trust Co. v. Mercer CountySupreme Court of the United States · 1898
  5. State ex rel. Gubbins v. AnsonWisconsin Supreme Court · 1907

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