Atkinson v. Board of Commissioners
Idaho Supreme Court
Original action for a writ of mandate. In the cases contemplated by the constitution, the state or municipality would not become the absolute owner of the railroad, with power to manage, operate and control the same, or the owner of an interest therein; hence if these provisions were applicable to districts other than political subdivisions of the state, and we submit they are not, they would not prevent such districts from constructing railroads that were to become their…
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Original action for a writ of mandate. In the cases contemplated by the constitution, the state or municipality would not become the absolute owner of the railroad, with power to manage, operate and control the same, or the owner of an interest therein; hence if these provisions were applicable to districts other than political subdivisions of the state, and we submit they are not, they would not prevent such districts from constructing railroads that were to become their own property. (City of Cincinnati v. Dexter, 55 Ohio St. 93, 44 N. B. 520.) We do not discuss the wisdom of this…
1Opinion of the CourtAilshie, J.
This is an original action commenced in this-court praying for the issuance of a writ of mandate against the commissioners of Ada county, requiring and compelling-them to make an order calling an election for the purpose of voting on the formation of a railroad district in the manner authorized and provided for by the act of March 16, 1909 (Sess. Laws 1909, p. 238). The real question involved in this proceeding is the constitutionality of this statute. The act is intended to authorize the formation of railroad districts by a vote of the resident land owners of the districts. It- provides for…
2Cases cited2 opinions
- Nampa & Meridian Irrigation District v. BroseIdaho Supreme Court · 1905
- McDonald V. DoustIdaho Supreme Court · 1905
3Cited by20 opinions
- Wilentz v. HendricksonNew Jersey Court of Chancery · 1943
- Village of Moyie Springs v. Aurora Manufacturing Co.Idaho Supreme Court · 1960
- State Ex Rel. Rich v. Idaho Power Co.Idaho Supreme Court · 1959
- School District No. 8 v. Twin Falls County Mutual Fire InsuranceIdaho Supreme Court · 1917
- Bannock County v. Citizens Bank & Trust Co.Idaho Supreme Court · 1933
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