Nicholls v. Charlevoix Circuit Judge

This is a proceeding by mandamus to com*456pel the respondent to vacate an order denying an injunction to restrain the common council of the city of Charlevoix from entering into a contract for the construction of a public wharf upon lands owned by it at the foot of a street which terminates in the waters of Pine Lake, which waters are navigable waters. It is conceded that all the proceedings are regular.

Counsel for the relator states in his brief that the sole question is:

“ Has the legislature the constitutional power to authorize cities of the fourth class to erect and maintain public wharves ?”