State ex rel. Atwood v. Johnson
Wisconsin Supreme Court
Original action brought in this court to test the constitutionality of ch. 5, Laws 1919, Special Session. The attorney general having declined to bring the action, the court granted leave to the relator to prosecute the same. The defendants are charged with the administration of the act, and judgment is prayed that this court determine the validity of the act and in case it is found invalid that its enforcement be restrained.
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Original action brought in this court to test the constitutionality of ch. 5, Laws 1919, Special Session. The attorney general having declined to bring the action, the court granted leave to the relator to prosecute the same. The defendants are charged with the administration of the act, and judgment is prayed that this court determine the validity of the act and in case it is found invalid that its enforcement be restrained. The complaint charges substantially the same grounds of invalidity charged in the Cash Bonus Case, decided herewith (ante, p. 218, 175 N. W. 589), and in addition…
1Opinion of the Court
The following opinion was filed February 10, 1920:
Vinje, J.
The main argument-against the constitutionality of the Educational Bonus Law as well as that against the constitutionality of the Cash Bonus Law, decided herewith (ante, p. 218, 175 N. W. 589), is that the money levied by it from the taxpayers of the state is not to be spent for a public or governmental purpose. It is argued that its only justification is gratitude for or appreciation of past military services; that the recipients thereof form no class by themselves distinguished by any characteristics which could form a legitimate…
2Cases cited4 opinions
- State ex rel. Attorney General v. DonaldWisconsin Supreme Court · 1915
- State v. WhitcomWisconsin Supreme Court · 1904
- State ex rel. Atwood v. JohnsonWisconsin Supreme Court · 1919
- Dorner v. School District No. 5Wisconsin Supreme Court · 1908
3Cited by31 opinions
- People v. Westchester County National BankNew York Court of Appeals · 1921
- Dickman v. School District No. 62cOregon Supreme Court · 1961
- Bowker v. BakerCalifornia Court of Appeal · 1946
- Hinton v. . State TreasurerSupreme Court of North Carolina · 1927
- State Ex Rel. Thomson v. GiesselWisconsin Supreme Court · 1952
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