Sanborn v. Commissioners of Rice County
Supreme Court of Minnesota
APPLICATION FOR WRIT OF MANDAMUS. Points and authorities of Counsel for Relator. I. It is competent for this Court to grant the relief sought by the Relator. Oom. Stat. p. 475, sec. 5; alsoyi. 632, sees. 4-8; 2 Minn., 343. II.
Read the full summary
APPLICATION FOR WRIT OF MANDAMUS. Points and authorities of Counsel for Relator. I. It is competent for this Court to grant the relief sought by the Relator. Oom. Stat. p. 475, sec. 5; alsoyi. 632, sees. 4-8; 2 Minn., 343. II. The writ asked for in this motion is the proper remedy.— Because, First — If the law be with this application, (there being no issue of fact,) it is apparent that no valid excuse can be given for the non-performance of the acts demanded of the Commissioners.— Oom. Stat.,p. 632, sec. 7; 7 Oowen, 524; 4 Abbott's Pr. P., 36; 14 Johnson, 325; Orarey'sN. Y. Prac., 286.…
1Opinion of the Court
By the Court
Wilson, J.
It is unquestionably the province of the Legislature to levy and apportion taxes. The judiciary can only interfere in such cases where some clause of the Constitution is violated.
The question, whether a law is void for its repugnancy to the Constitution, is at all times one of much delicacy, which ought seldom, if ever, to be decided in the -affirmative in a doubtful case.
To justify such decision, the opposition between the Constitution and the law should be such that the judge feels a clear and strong conviction of their incompatibility with each other.
This is…
2Cases cited3 opinions
- Town of Guilford v. . the Supervisors of Chenango CountyNew York Court of Appeals · 1855
- Holden v. JamesMassachusetts Supreme Judicial Court · 1814
- Brady v. SupervisorsThe Superior Court of New York City · 1849
3Cited by16 opinions
- Hammett v. PhiladelphiaSupreme Court of Pennsylvania · 1869
- McSurely v. McGrewSupreme Court of Iowa · 1908
- Metropolitan Sports Facilities Commission v. General Mills, Inc.Supreme Court of Minnesota · 1991
- Ford v. Town of North Des MoinesSupreme Court of Iowa · 1890
- City of Faribault v. MisenerSupreme Court of Minnesota · 1874
11 more not listed; retrieve them via the Exa API.