Legal Opinion

State Ex rel. Wright v. Standford

Utah Supreme Court

Decided December 7, 1901No. 1313PublishedCited by 14 opinions

Appeal from the Second District Court, Weber County.— Hon. H. H. Bolapp, Judge. Application for a peremptory writ of mandate to compel the defendants, as the board of county commissioners of Weber county, to select from a list of three names submitted by J. A. Wright, the relator, as the member of the state board of horticulture for the district in which Weber county is located, the name of one of such persons to act as county fruit tree inspector.

Read the full summary

Appeal from the Second District Court, Weber County.— Hon. H. H. Bolapp, Judge. Application for a peremptory writ of mandate to compel the defendants, as the board of county commissioners of Weber county, to select from a list of three names submitted by J. A. Wright, the relator, as the member of the state board of horticulture for the district in which Weber county is located, the name of one of such persons to act as county fruit tree inspector. Eroni a judgment (refusing the writ) in favor of the defendants, the relator appealed. SUPREME COURT OE UTAH, State v. Standford. Counties are…

1Opinion of the CourtMinee, C. J.

The respondents contend that section 1176, Revised Statutes, 1898, as amended by chapter 47, Laws 1899, is enacted in violation of the Constitution of this State, and claims that it interferes with local self-government, which is impliedly, if not expressly, recognized by the Constitution, by vesting the power of appointment in other than 'the local authorities of the county, by taking the administrative affairs *156of tbe county out of its control, and placing them under tbe control of tbe State. It confers power to tax upon others than tbe corporate authorities- of tbe county. It imposes tbe…

2Cases cited8 opinions

  1. People ex rel. Le Roy v. HurlbutMichigan Supreme Court · 1871
  2. People Ex Rel. Bolton v. . AlbertsonNew York Court of Appeals · 1873
  3. People v. LynchCalifornia Supreme Court · 1875
  4. Harward v. St. Clair & Monroe Levee & Drainage Co.Illinois Supreme Court · 1869
  5. Gilbert v. Board of Police & Fire CommissionersUtah Supreme Court · 1895

3 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. State ex rel. University of Utah v. CandlandUtah Supreme Court · 1909
  2. State v. HutchinsonUtah Supreme Court · 1980
  3. State ex rel. Salt Lake City v. EldredgeUtah Supreme Court · 1904
  4. Prothero v. Board of County CommissionersIdaho Supreme Court · 1912
  5. Mountain States Telephone & Telegraph Co. v. Garfield CountyUtah Supreme Court · 1991

9 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API