State ex rel. Attorney General v. Moores
Nebraska Supreme Court
Original action in the nature of quo warranto presenting to the supreme court the constitutionality of legislative enactments conferring upon the governor power to appoint four members of the board of fire and police commissioners of the city of Omaha. The facts and issues are stated in the opinions. The federal constitution guaranties to every state in the Union a republican form of government. A state with a different form of government could not be admitted.
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Original action in the nature of quo warranto presenting to the supreme court the constitutionality of legislative enactments conferring upon the governor power to appoint four members of the board of fire and police commissioners of the city of Omaha. The facts and issues are stated in the opinions. The federal constitution guaranties to every state in the Union a republican form of government. A state with a different form of government could not be admitted. The right of local self-government is an essential element of republican government. Therefore it is not within the power of the…
1Opinion of the Court
Nokval, J., and Ragan, O.
The legislature of this state at its session held in 1897 passed an act incorporating metropolitan cities and defining, prescribing, and regulating their duties, powers, and government. (Session Laws 1897, ch. 10; Compiled Statutes, ch. 12«.) Sections 166 and 167 of said act follow:
“Sec. 166. In each city of the metropolitan class, there shall be a board of fire and police commissioners, to consist of the mayor, who shall be ex officio chairman of the board., and four electors of the city who shall be appointed by the governor.
“Sec. 167. Immediately on the taking…
2Cases cited29 opinions
- People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
- People ex rel. Le Roy v. HurlbutMichigan Supreme Court · 1871
- People ex rel. Board of Park Commissioners v. Common CouncilMichigan Supreme Court · 1873
- People Ex Rel. Bolton v. . AlbertsonNew York Court of Appeals · 1873
- People v. LynchCalifornia Supreme Court · 1875
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3Cited by38 opinions
- State ex rel. White v. BarkerSupreme Court of Iowa · 1902
- State Ex Rel. Heinig v. City of MilwaukieOregon Supreme Court · 1962
- Booten v. PinsonWest Virginia Supreme Court · 1915
- State ex rel. Haberlan v. LoveNebraska Supreme Court · 1911
- Ex parte CorlissNorth Dakota Supreme Court · 1907
33 more not listed; retrieve them via the Exa API.