State v. City of Eau Claire
Wisconsin Supreme Court
IE'FOKMATIOU for a Writ of Injunction. The first clause of sec. 1, ch. 231 of 1876, declares that ch. 333 of 1875 “is hereby amended so as to read as follows,” etc.
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IE'FOKMATIOU for a Writ of Injunction. The first clause of sec. 1, ch. 231 of 1876, declares that ch. 333 of 1875 “is hereby amended so as to read as follows,” etc. The first four sections of the act as amended, are as follows: “ Sec. 1. The city of Eau Claire is hereby authorized and empowered to construct water-works for the purpose of supplying said city and the inhabitants thereof with water, and for that purpose is authorized to construct and maintain a dam not to exceed sixteen feet in height above low water mark, across the Ohippewa river, at such place within the limits of said city…
1Opinion of the CourtRyan, C. J.
We held in the former case, Attorney General v. Eau Claire, 37 Wis., 400, that the statute then before us, ch. 333 of 1875, authorized the erection of a dam at jmblic cost across a navigable river, either for the purpose of water*541works for the city or for the purpose of leasing the waterpower for private purposes; and that .so the power was alternative and optional, either > for a public or a private use, and therefore void.
Since that decision, and obviously in view of it, the legislature has amended the statute of 1875 by ch. 231 of 1876. And the amendment so clearly and emphatically makes…
2Cases cited3 opinions
- Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
- Attorney General v. City of Eau ClaireWisconsin Supreme Court · 1875
- Stoughton v. StateWisconsin Supreme Court · 1856
3Cited by33 opinions
- Pikes Peak Power Co. v. City of Colorado SpringsCourt of Appeals for the Eighth Circuit · 1900
- Fox River Paper Co. v. Railroad CommissionSupreme Court of the United States · 1927
- City of Tacoma v. Nisqually Power Co.Washington Supreme Court · 1910
- United States v. DebsU.S. Circuit Court for the Northern District of Illnois · 1894
- Opinion of the JusticesSupreme Court of New Hampshire · 1891
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