Johnson v. City of Milwaukee
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. This action, was brought in the circuit court for Milwaukee county to enjoin that city from issuing certain bonds, and the levy of taxes for their payment, upon the theory that the statutes which authorize the issuing of such bonds (ch. 224, 311, Laws of 1893) are unconstitutional, because they are within the prohibition of subd. 9, sec. 31, art. IY, of the constitution, which forbids special legislation to amend the…
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APPEAL from the Circuit Court for Milwaukee County. This action, was brought in the circuit court for Milwaukee county to enjoin that city from issuing certain bonds, and the levy of taxes for their payment, upon the theory that the statutes which authorize the issuing of such bonds (ch. 224, 311, Laws of 1893) are unconstitutional, because they are within the prohibition of subd. 9, sec. 31, art. IY, of the constitution, which forbids special legislation to amend the charters of cities. The complaint alleges that the defendant, the city of Milwaukee, is about to issue its bonds for the sum…
1Opinion of the CourtNewMAN, J.
The constitutional provisions which are involved in the decision of this case are:
Art. IY, sec. 31. “The legislature is prohibited from enacting any special or private laws in the following cases: . . . (9) For incorporating any city, town or village, or to amend the charter thereof.”
Art. IY, sec. 32. “ The legislature shall provide general laws for the transaction of any business that may be prohibited by section 31 of this ai’.ticle, and all such laws shall be uniform in their operation throughout the state.”
The statutes challenged, so far as necessary to show the questions raised, are as…
2Cases cited2 opinions
- Bigelow v. West Wisconsin Railway Co.Wisconsin Supreme Court · 1871
- Ruggles v. City of Fond du LacWisconsin Supreme Court · 1881
3Cited by64 opinions
- State ex rel. Risch v. Board of Trustees of the Policemen's Pension FundWisconsin Supreme Court · 1904
- Van Gilder v. City of MadisonWisconsin Supreme Court · 1936
- Ladd v. HolmesOregon Supreme Court · 1901
- Adams v. City of BeloitWisconsin Supreme Court · 1900
- Nankin v. Village of ShorewoodWisconsin Supreme Court · 2001
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