State ex rel. Mueller v. Thompson
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee county: W. J. TueNeb, Circuit - Judge. Mandamus proceeding to coerce tbe clerk of tbe city of Milwaukee to submit to its electors, under cb. 476, Laws of 1911, a proposed alteration of tbe city charter. Tbe purpose of sucb alteration was to allow tbe city to conduct tbe business of furnishing its citizens with ice.
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Appeal from an order of tbe circuit court for Milwaukee county: W. J. TueNeb, Circuit - Judge. Mandamus proceeding to coerce tbe clerk of tbe city of Milwaukee to submit to its electors, under cb. 476, Laws of 1911, a proposed alteration of tbe city charter. Tbe purpose of sucb alteration was to allow tbe city to conduct tbe business of furnishing its citizens with ice. All conditions precedent in tbe law to calling a special election in respect to tbe matter of tbe proposed change were satisfied, but tbe clerk refused to make the call. Whereupon an alternative writ of mandamus was sued out…
1Opinion of the CourtMaesiialx, J.
As indicated in the. foregoing, the motion raised the issue of whether ch. 416, Laws of 1911, commonly called the “Home Rule” act, is constitutional. The trial court decided in the affirmative.
When our state government was formed, the people adopted for the paramount law, a declaration of principles modeled after the prevailing constitutions in this country. It Was intended to be exact in its limitations of power, not to be open to change except in such particular and deliberate way as to render as certain as practicable that the electors desired it, evidenced by an expression of judgment…
2Cases cited3 opinions
- State ex rel. Van Alstine v. FrearWisconsin Supreme Court · 1910
- State ex rel. Boycott v. Mayor of La CrosseWisconsin Supreme Court · 1900
- Elliott v. City of DetroitMichigan Supreme Court · 1899
3Cited by61 opinions
- City of Sapulpa v. LandSupreme Court of Oklahoma · 1924
- State ex rel. Wisconsin Inspection Bureau v. WhitmanWisconsin Supreme Court · 1928
- Tetra Tech EC, Inc. v. Wisconsin Department of RevenueWisconsin Supreme Court · 2018
- State v. EsserWisconsin Supreme Court · 1962
- In re Constitutionality of Statute Empowering Supreme Court to Promulgate Rules Regulating Pleading, Practice, & Procedure in Judicial ProceedingsWisconsin Supreme Court · 1931
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