State ex rel. Williams v. Fogus
Nevada Supreme Court
Appllication for mandamus. The facts are stated in the opinion. I. The statute of 1885 is unconstitutional and void. (Jones v. jKeep, 19.Wis. 379; Const., art. 4, secs. 20, 21.) II. The act of 1885 is a law upon the subject of assessment and collection of taxes, and is not of uniform operation in any sense. It is repugnant to section 17, article 4, of the constitution. III. The law is repugnant to the proviso of section 9, article 15, of the constitution.
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Appllication for mandamus. The facts are stated in the opinion. I. The statute of 1885 is unconstitutional and void. (Jones v. jKeep, 19.Wis. 379; Const., art. 4, secs. 20, 21.) II. The act of 1885 is a law upon the subject of assessment and collection of taxes, and is not of uniform operation in any sense. It is repugnant to section 17, article 4, of the constitution. III. The law is repugnant to the proviso of section 9, article 15, of the constitution. Legislatures control revenue for public purposes, not the proceeds of contracts. (As to what nature of compensation, see Hatch v. Mann, 15…
1Opinion of the Court
By the Court,
Hawley, J.:
Relator Williams is county recorder and ex officio county auditor of Washoe County, and relator Alexander is district attorney of said county. They ask that the writ of mandamus be issued to compel the county commissioners to pass and allow certain claims presented by them in their official capacities, which they insist they are entitled to under the amendatory act to regulate the salaries of county auditors, “approved Mardi 10, 18.79” (Stat. 1879, 126); the “act to regulate fees and compensation for official and other services,” approved February 27,1883 (Stat. 1883,…
2Cases cited6 opinions
- Miller v. KisterCalifornia Supreme Court · 1885
- Evans v. JobNevada Supreme Court · 1873
- People v. Central Pacific RailroadCalifornia Supreme Court · 1872
- State ex rel. Commissioners of Hamilton County v. ReamNebraska Supreme Court · 1884
- Manning v. KlippelOregon Supreme Court · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Henderson v. State ex rel. StoutIndiana Supreme Court · 1894
- Malin v. County of LamoureNorth Dakota Supreme Court · 1914
- Kroegel v. WhyteSupreme Court of Florida · 1911
- Comstock Mill & Mining Co. v. AllenNevada Supreme Court · 1892
- Russell v. Esmeralda CountyNevada Supreme Court · 1910
3 more not listed; retrieve them via the Exa API.