Legal Opinion

Curryer v. Merrill

Supreme Court of Minnesota

Decided April 18, 1878PublishedCited by 32 opinions

By an act of the legislature, entitled “An act to provide uniform and cheap text-books for the public schools of Minnesota,” approved February 23, 1877, (Laws 1877, c. 75; Gen. St. 1878, c. 36, §§ 156-167,) it is provided that certain designated state officers shall make a contract on behalf of the state with Daniel D. Merrill of St. Paul, for furnishing to the state, for the period of fifteen years, suitable text-books for use in the public schools of the state.

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By an act of the legislature, entitled “An act to provide uniform and cheap text-books for the public schools of Minnesota,” approved February 23, 1877, (Laws 1877, c. 75; Gen. St. 1878, c. 36, §§ 156-167,) it is provided that certain designated state officers shall make a contract on behalf of the state with Daniel D. Merrill of St. Paul, for furnishing to the state, for the period of fifteen years, suitable text-books for use in the public schools of the state. The act provides that the text-books to be furnished shall be supplied within maximum prices fixed by the act, shall be equal in…

1Opinion of the CourtCornell, J.

With the wisdom or policy of the statute under consideration courts have rightfully no concern. The remedy for injudicious legislation rests with the legislature where, it is supposed, it may be more safely left than with the courts, mainly because of the corrective influence which the people constantly exercise through frequent elections over that department of their government. To the judiciary belongs the more restricted duty of passing upon the validity of legislative enactments, as being within or without the boundaries assigned to the law-making power by constitutional law. The sole…

2Cases cited3 opinions

  1. Fletcher v. PeckSupreme Court of the United States · 1810
  2. Osborn v. GantzNew York Court of Appeals · 1875
  3. Ames v. Lake Superior & Mississippi RailroadSupreme Court of Minnesota · 1875

3Cited by32 opinions

  1. Skeen v. StateSupreme Court of Minnesota · 1993
  2. State ex rel. Utick v. Board of County CommissionersSupreme Court of Minnesota · 1902
  3. Evers v. HudsonMontana Supreme Court · 1907
  4. Leeper v. StateTennessee Supreme Court · 1899
  5. State ex rel. Clark v. Haworth, School Trustee of Monroe School TownshipIndiana Supreme Court · 1890

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