Newton v. Altheimer

If the acts of the Legislature under which the rural improvement districts in question were created are a valid and constitutional exercise of legislative power, Judge Wood and myself concede that the writ of mandamus was properly granted by the circuit court, and that its order should be affirmed. While conceding legislative power over the subject-matter of road improvement districts, we deny that it has been constitutionally exercised upon several grounds, and, if we are correct in this, the writ should not have been issued. As said by Chief Justice Puller, “mandamus lies to compel a party…