Legal Opinion

Janes v. City of Racine

Wisconsin Supreme Court

Decided October 28, 1913PublishedCited by 15 opinions

Appeals from a judgment of tire circuit court for Bacine county: E. B. BeldeN, Circuit Judge. Action begun November 30, 1912, by a taxpayer to declare void the proceedings already taken by the city of Racine for its acquisition of the plant or property of the Racine Water Company, and to enjoin both the city of Racine and the Racine Water Company from further prosecuting such proceedings and the city of Racine from incurring further expense therein.

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Appeals from a judgment of tire circuit court for Bacine county: E. B. BeldeN, Circuit Judge. Action begun November 30, 1912, by a taxpayer to declare void the proceedings already taken by the city of Racine for its acquisition of the plant or property of the Racine Water Company, and to enjoin both the city of Racine and the Racine Water Company from further prosecuting such proceedings and the city of Racine from incurring further expense therein. On the 20th day of .June, 1908, the Racine Water Company, which had previously operated under a franchise granted to it by the city of Racine on…

1Opinion of the CourtViNJE, J.

Briefly summarized, the material contentions of appellants are: (1) The provisions of ch. 665, Laws of 1907, should have been complied with in acquiring the plant and in submitting the question of the purchase thereof to the voters; (2) the question of acquiring the plant was improperly submitted to the voters, because (a) the city clerk had no authority to frame the question to be submitted, and (b) the question as framed was misleading; (3) the vote was illegal because voting machines were used; (4) the city should have provided a fund for the payment of' the plant before the vote to…

2Cases cited18 opinions

  1. Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
  2. Lake County v. GrahamSupreme Court of the United States · 1889
  3. Appleton Water Works Co. v. Railroad CommissionWisconsin Supreme Court · 1913
  4. Elwell v. ComstockSupreme Court of Minnesota · 1906
  5. State ex rel. Schintgen v. Mayor of La CrosseWisconsin Supreme Court · 1898

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3Cited by15 opinions

  1. Columbia County v. Board of Trustees of Wisconsin Retirement FundWisconsin Supreme Court · 1962
  2. Casco Co. v. Thurston CountyWashington Supreme Court · 1931
  3. Mitsler v. EyeSupreme Court of Oklahoma · 1924
  4. Oshkosh Water Works Co. v. Railroad CommissionWisconsin Supreme Court · 1915
  5. Application of City & Cty. of Honolulu Corp. Coun.Hawaii Supreme Court · 1973

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