Legal Opinion

Attorney General v. City of Eau Claire

Wisconsin Supreme Court

Decided January 15, 1875PublishedCited by 125 opinions

INFORMATION for Writ of Injunction brought by the attorney general against the Qity of .Eau Qlaire, its mayor, aider-men, the members of its common council, and its city clerk, to restrain them and their respective successors in office from entering upon the construction of the works purporting to be authorized by the provisions of ch. 333, Laws of 1875, entitled “ an act to amend chapter 16 of the private and local laws of 1872, entitled ‘ an act to incorporate the City of…

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INFORMATION for Writ of Injunction brought by the attorney general against the Qity of .Eau Qlaire, its mayor, aider-men, the members of its common council, and its city clerk, to restrain them and their respective successors in office from entering upon the construction of the works purporting to be authorized by the provisions of ch. 333, Laws of 1875, entitled “ an act to amend chapter 16 of the private and local laws of 1872, entitled ‘ an act to incorporate the City of Eau Claire.' ” The first three sections of the act of 1875 are as follows: “ Sec. 1. The common council of the Gily of…

1Opinion of the CourtRyaN, C. J.

I- There is, perhaps, no doubt, that the legis lature could grant, and the city, the defendant, could take power to improve the navigation of the Chippewa, within the limits of the city. Such power would not, perhaps, be impaired by the fact, that the improvement of the river authorised within the city might be of such a character as would improve it *434without the city. Indeed it might be assumed, for any question here, that the city could take express power to improve the navigation, outside of the city, of a public river flowing through it.

But the power conferred on the city by ch. 333 of…

2Cases cited14 opinions

  1. Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
  2. Knowlton v. Board of SupervisorsWisconsin Supreme Court · 1859
  3. Attorney-General v. BlossomWisconsin Supreme Court · 1853
  4. Wisconsin River Improvement Co. v. LyonsWisconsin Supreme Court · 1872
  5. Curtis's Adm'r v. WhippleWisconsin Supreme Court · 1869

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3Cited by125 opinions

  1. Love v. WilcoxTexas Supreme Court · 1930
  2. State ex rel. Attorney General v. CunningamWisconsin Supreme Court · 1892
  3. State ex rel. Bolens v. FrearWisconsin Supreme Court · 1912
  4. State ex rel. Linde v. TaylorNorth Dakota Supreme Court · 1916
  5. State ex rel. Lamb v. CunninghamWisconsin Supreme Court · 1892

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