State ex rel. Freuden-Berger v. Cole
Nevada Supreme Court
Original proceeding. Mandamus by the State, on the relation of W. K. Freudenberger, against George A. Cole, State Controller. Respondent demurs to the petition. The act of the legislature of 1913, upon which the state controller bases his authority for drawing petitioner’s warrant at the reduced salary of $2,500 a year, is unconstitutional, being violative of section 17, article 4, of the state constitution.
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Original proceeding. Mandamus by the State, on the relation of W. K. Freudenberger, against George A. Cole, State Controller. Respondent demurs to the petition. The act of the legislature of 1913, upon which the state controller bases his authority for drawing petitioner’s warrant at the reduced salary of $2,500 a year, is unconstitutional, being violative of section 17, article 4, of the state constitution. The act is in no sense a suplemental act, nor does it relate to the same subject-matter. To effect a repeal, a later statute must relate to the same subject as that covered by the earlier…
1Opinion of the Court
By the Court,
Coleman, J.:
The legislature, at its session in 1911, passed an act, the title of which reads as follows:
"An act making the Railroad Commission of Nevada ex officio a public service commission for the regulation and control of certain public utilities, prescribing the manner in which such public utilities shall be regulated and controlled, requiring such public utilities to furnish reasonably adequate service and facilities, prohibiting unjust and unreasonable charges for services rendered by such public utilities, providing penalties for violation of the provisions of this act,…
2Cases cited15 opinions
- People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
- Ex parte PollardSupreme Court of Alabama · 1866
- State v. RogersSupreme Court of Alabama · 1894
- Hellman v. ShoultersCalifornia Supreme Court · 1896
- Erford v. City of PeoriaIllinois Supreme Court · 1907
10 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- City of Carson v. County CommissionersNevada Supreme Court · 1924
- Matthews v. State Ex Rel. Nevada Tax CommissionNevada Supreme Court · 1967
- Department of State Highways v. BakerNorth Dakota Supreme Court · 1940
- Magee v. WhitacreNevada Supreme Court · 1939
- Matthews v. State Ex Rel. Nevada Tax CommissionNevada Supreme Court · 1967