Attorney General ex rel. Brotherton v. Common Council
Michigan Supreme Court
Appeal from-Wayne; Murphy, Hosmer, Mandell, Donovan, Rohnert, and Brooke, JJ. Bill by John E. Bird, attorney general, on the relation of Wilbur Brotherton, against the common council of the city of Detroit, Jacob J'. Haarer, commissioner of public works, Francis A. Blades, city controller, and William B. Thompson, city treasurer, to enjoin the construction of street-railway tracks. From a decree for complainant, defendants appeal.
1Opinion of the CourtCarpenter, J.
This suit is brought by the attorney
general of the State to prevent the city of Detroit from constructing street-railway tracks in its streets. The sole question involved is this: Has the city authority to construct said tracks ? In the court below a hearing was had before all the judges. They were divided in opinion; but a decree was entered granting complainant relief upon the ground that section 9 of article 14 of the Constitution prevented the building of said track. That section reads:
“The State shall not be a party to, nor interested in, any work of internal improvement; nor engaged in…
2Cases cited64 opinions
- St. Louis v. Western Union Telegraph Co.Supreme Court of the United States · 1893
- The People v. . KerrNew York Court of Appeals · 1863
- People ex rel. Detroit & Howell Railroad v. Township BoardMichigan Supreme Court · 1870
- Sun Printing & Publishing Ass'n v. Mayor of New YorkNew York Court of Appeals · 1897
- St. Louis v. Western Union Telegraph Co.Supreme Court of the United States · 1893
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3Cited by17 opinions
- State Ex Rel. Wilkinson v. MurphySupreme Court of Alabama · 1939
- Young v. City of Ann ArborMichigan Supreme Court · 1934
- Dwyer v. Omaha-Douglas Public Building CommissionNebraska Supreme Court · 1972
- Opinion of JusticesSupreme Court of Alabama · 1945
- Oakland County Drain Com'r v. City of Royal OakMichigan Supreme Court · 1943
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