Legal Opinion

State ex rel. Jones v. Froehlich

Wisconsin Supreme Court

Decided June 19, 1902PublishedCited by 30 opinions

Appeal from a judgment of the circuit court for Columbia county: B. E. Duhwiddie, Judge. By ch. 282, Laws of 1901, there was appropriated from the general fund an amount not exceeding $20,000, “for the purpose of constructing and strengthening the levee system already existing in tbe vicinity of Portage on tbe Wisconsin river in Columbia and Sauk countie®, Wisconsin.”

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Appeal from a judgment of the circuit court for Columbia county: B. E. Duhwiddie, Judge. By ch. 282, Laws of 1901, there was appropriated from the general fund an amount not exceeding $20,000, “for the purpose of constructing and strengthening the levee system already existing in tbe vicinity of Portage on tbe Wisconsin river in Columbia and Sauk countie®, Wisconsin.” A commission appointed by tbe governor was created to have charge of such work, “in such manner as, in their judgment, will best protect said city and vicinity from the overflow of tbe Wisconsin river.” Said commission was1 to…

1Opinion of the CourtDodge, J.

This case presents for consideration and decision, not the inherent limits of the general power of appropriation of public moneys conferred upon the legislature in the grant of the legislative power, nor the inherent limits of the general power to provide for good government of the state, for the protection, of the “lives, limbs, health, comfort, good order, morals, peace, and safety of society” (State v. Heinemann, 80 Wis. 253, 49 N. W. 818), called the “police power,” but, instead, presents the question whether, waiving discussion of the extent of such powers as a general proposition, the…

2Cases cited17 opinions

  1. State ex rel. Weiss v. District Board of School District No. EightWisconsin Supreme Court · 1890
  2. Comm'rs of Leavenworth Co. v. MillerSupreme Court of Kansas · 1871
  3. Rippe v. BeckerSupreme Court of Minnesota · 1894
  4. Ryerson v. UtleyMichigan Supreme Court · 1868
  5. Alcorn v. HamerMississippi Supreme Court · 1860

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3Cited by30 opinions

  1. State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
  2. State Docks Commission v. BarnesSupreme Court of Alabama · 1932
  3. State Ex Rel. Wilkinson v. MurphySupreme Court of Alabama · 1939
  4. State Ex Rel. Warren v. NusbaumWisconsin Supreme Court · 1973
  5. State ex rel. Attorney General v. DonaldWisconsin Supreme Court · 1915

25 more not listed; retrieve them via the Exa API.

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