Legal Opinion

State ex rel. Reynolds v. City of Appleton

Wisconsin Supreme Court

Decided December 4, 1928PublishedCited by 5 opinions

1Opinion of the CourtCrowNhart, J.

The jurisdiction of this court to issue the writ is objected to on the ground that the subject matter is not publici juris, and that the petition does not state facts of such state-wide, public concern that would warrant the exercise of the original jurisdiction of this court.

The railroad commission is a public agency, created by the legislature to effectuate the public policy of the state. Within its jurisdiction it has power to issue orders which have the effect of public law. To challenge an order of the railroad commission, lawfully made, is to challenge the authority of the state itself,…

2Cited by5 opinions

  1. In re HeilWisconsin Supreme Court · 1939
  2. Department of Natural Resources v. City of ClintonvilleWisconsin Supreme Court · 1971
  3. Thomson v. City of RacineWisconsin Supreme Court · 1943
  4. Hotel Pfister, Inc. v. Wisconsin Telephone Co.Wisconsin Supreme Court · 1930
  5. Chicago, Milwaukee & St. Paul Railway Co. v. Railroad CommissionWisconsin Supreme Court · 1929

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