Davenport v. Elrod
South Dakota Supreme Court
Proceeding in prohibition by William B. Davenport against Samuel H. Elrod and others, as members of the capitol commission of the státe of South Dakota. The legislature shall not delegate to any special commission, private corporation, or association, any power to make, supervise or interfere with any municipal improvement, money, property; effects, whether held in trust or otherwise, or levy taxes, or select a capitol site, or perform any municipal functions whatever. Con.
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Proceeding in prohibition by William B. Davenport against Samuel H. Elrod and others, as members of the capitol commission of the státe of South Dakota. The legislature shall not delegate to any special commission, private corporation, or association, any power to make, supervise or interfere with any municipal improvement, money, property; effects, whether held in trust or otherwise, or levy taxes, or select a capitol site, or perform any municipal functions whatever. Con. Art. 3, § 26. Municipal has not a well-defined and technical meaning, and must be construed with reference to the evils…
1Opinion of the CourtHaney, J.
This is an original special proceeding instituted by a resident taxpayer for the purpose of having the deféndants prohibited from executing any contracts, issuing any certificates, or performing any acts as members of the state capitol commission. Chapter 163, p. 275, Laws 1905, purports to create a board composed of the Governor, Secretary of State, State Auditor, and Commissioner of School and Public Lands, to be known as the “State *573Capitol Commission,'' for the purpose of “procuring the erection and completion" of a building to be'used for capítol purposes, on certain described premises in…
2Cases cited10 opinions
- Philadelphia v. FoxSupreme Court of Pennsylvania · 1870
- State v. BeckerSouth Dakota Supreme Court · 1892
- State v. MorganSouth Dakota Supreme Court · 1891
- Fleckten v. LambertonSupreme Court of Minnesota · 1897
- People v. DunnCalifornia Supreme Court · 1889
5 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Millholen v. RileyCalifornia Supreme Court · 1930
- Boe v. FossSouth Dakota Supreme Court · 1956
- Oahe Conservancy Subdistrict v. JanklowSouth Dakota Supreme Court · 1981
- Craig v. O'RearCourt of Appeals of Kentucky · 1923
- Morrow v. WipfSouth Dakota Supreme Court · 1908
17 more not listed; retrieve them via the Exa API.