Rutherford v. Heddens
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Host. ~W. H. Sherman, Judge. The act in question is constitutional. State ex reí. v.Herman, 75 Mo. 340; Kilgore v. Magee, 85 Pa. 411. The-constitution is not a grant of powers to the legislature, but its province is to bind and restrain the power which the legislature possesses, independent of the limitations in it. Cooley on Const. Lim., (4 Ed.) p. 107; C. $ St. L. R. R. Co. v. Warrington, 92 111. 157; Richards v. Raymond, 92 111. 612..
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Appeal from Buchanan Circuit Court. — Host. ~W. H. Sherman, Judge. The act in question is constitutional. State ex reí. v.Herman, 75 Mo. 340; Kilgore v. Magee, 85 Pa. 411. The-constitution is not a grant of powers to the legislature, but its province is to bind and restrain the power which the legislature possesses, independent of the limitations in it. Cooley on Const. Lim., (4 Ed.) p. 107; C. $ St. L. R. R. Co. v. Warrington, 92 111. 157; Richards v. Raymond, 92 111. 612.. Unless the act in question clearly conflicts with the provisions of the constitution, it cannot be declared void. St.…
1Opinion of the CourtHenry, J.
The only question submitted for our consideration is the constitutionality of an act of the general assembly, approved March 28, 1881. Sess. Acts of 1881, pages 69, 70, 71. It is entitled : “An act authorizing cities acting under special charters, and containing more than. *38930,000 inhabitants, to establish a system of sewerage, and to construct, establish and- keep in repair, sewers, culverts and drains.” The body of the act authorizes the mayor and council of all cities in this State having, and such as may hereafter contain, more than 30,000, and less than 50,-■000 inhabitants, to establish a…
2Cases cited2 opinions
- State ex rel. Harris v. HerrmannSupreme Court of Missouri · 1882
- Devine v. Board of CommissionersIllinois Supreme Court · 1877
3Cited by16 opinions
- Lynch v. MurphySupreme Court of Missouri · 1893
- May v. City of LaramieWyoming Supreme Court · 1942
- St. Louis v. DorrSupreme Court of Missouri · 1898
- v. MeeksSupreme Court of Missouri · 1885
- Rutherford v. HamiltonSupreme Court of Missouri · 1888
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