State ex rel. City of St. Paul v. Johnson
Supreme Court of Minnesota
Alternative writ of mandamus issued by the district court for Ramsey county to compel respondent, as county auditor of said county, to calculate the rate per cent, on the assessed valuation of the taxable property of the city of St. Paul necessary to raise the sum of $112,000, and to extend the same on the tax rolls. From an order, Brill, Otis, Bunn, Lewis, and Jaggard, JJ. (Kelly, J., dissenting), directing a peremptory writ to issue, respondent appealed.
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Alternative writ of mandamus issued by the district court for Ramsey county to compel respondent, as county auditor of said county, to calculate the rate per cent, on the assessed valuation of the taxable property of the city of St. Paul necessary to raise the sum of $112,000, and to extend the same on the tax rolls. From an order, Brill, Otis, Bunn, Lewis, and Jaggard, JJ. (Kelly, J., dissenting), directing a peremptory writ to issue, respondent appealed. Under Const, art. 4, §§ 33, 34, the test to determine whether a law is special or general is the law itself, not the sum total of all the…
1Opinion of the Court
CANTY, J.1
Laws 1899, c. 40, is assailed as unconstitutional special legislation. So far as here material, section 1 of the act provides as follows:
“Section 1. Cities now or hereafter having over 50,000 inhabitants are hereby empowered to raise annually by taxation, independently of and in addition to other sums for school purposes, authorized by law, an amount not exceeding one and one-half (1J) mills on each dollar of the assessed valuation of taxable property within such city,” for school purposes.
St. Paul comes within the class of cities designated in the act, and on September 11, 1899,…
2Cases cited1 opinion
- Alexander v. City of DuluthSupreme Court of Minnesota · 1894
3Cited by4 opinions
- State ex rel. Board of Education v. BrownSupreme Court of Minnesota · 1906
- State ex rel. Board of County Commissioners v. McKellarSupreme Court of Minnesota · 1904
- State ex rel. Board of Education v. MinorSupreme Court of Minnesota · 1900
- State ex rel. Board of Education v. MinorSupreme Court of Minnesota · 1900