Street Commissioners v. Dale

Three propositions present themselves for our consideration. I. The claim of the petitioners that the city council in imposing a condition attached to the appropriations for the highway department as to the time and amount available acted illegally, that the condition therefore is void in that it constitutes an attempt on the part of the council to exercise jurisdiction, authority and control over the highway department.

Under its charter as revised in 1905, the Portsmouth city government is composed of a mayor and city council (hereinafter referred to as the council) entrusted, among other…