Legal Opinion

Territory of Washington ex rel. Kelly v. Stewart

Washington Supreme Court

Decided February 13, 1890No. 12PublishedCited by 38 opinions

. Appeal from District Court, Pierce County. The facts are fully stated in the opinion. Section 1889, Rev. St. U. S., together with chap. 168, pp. 101-24, U. S. Statutes at Large, of Congress, second session, conferring upon the legislature the right to create municipal corporations, does not contemplate or permit the legislature to delegate such rights to courts or judges.

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. Appeal from District Court, Pierce County. The facts are fully stated in the opinion. Section 1889, Rev. St. U. S., together with chap. 168, pp. 101-24, U. S. Statutes at Large, of Congress, second session, conferring upon the legislature the right to create municipal corporations, does not contemplate or permit the legislature to delegate such rights to courts or judges. City of Galesburg v. Hawkinson, 75 Ill. 153; People v. Carpenter, 24 N. Y. 89; People v. Nevada, 6 Gal. 143. In states where the right is recognized the courts have ■universally held that such statutes do not imply any…

1Opinion of the Court

*100The opinion of the court was delivered by

Andees, C. J.

This action was brought in the district court of the Second judicial district of Washington Territory, holding terms at Tacoma, in and for Pierce county, to enquire and determine by what warrant or authority the appellees claim to exercise the powers of a board of trustees of the town of Puyallup, in that county, and to oust them from office as such board of trustees and to dissolve said municipal corporation. The complaint states:

‘ ‘First, that the above named defendants, at a place called Puyallup, in Pierce county, Washington Territory,…

2Cases cited7 opinions

  1. State v. Washington Social Library Co.Ohio Supreme Court · 1841
  2. People ex rel. Shumway v. BennettMichigan Supreme Court · 1874
  3. City of Galesburg v. HawkinsonIllinois Supreme Court · 1874
  4. Kayser v. Trustees of BremenSupreme Court of Missouri · 1852
  5. The People v. . CarpenterNew York Court of Appeals · 1861

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3Cited by38 opinions

  1. Pacific Telephone & Telegraph Co. v. KuykendallSupreme Court of the United States · 1924
  2. In re Incorporation of Village of North MilwaukeeWisconsin Supreme Court · 1896
  3. In Re Chi-Dooh LiWashington Supreme Court · 1971
  4. State v. PavelichWashington Supreme Court · 1929
  5. Glaspell v. City of JamestownNorth Dakota Supreme Court · 1902

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