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13 Minn. 441

Wilson v. Buckman

Supreme Court of Minnesota

Decided July 15, 1868

Supreme Court of Minnesota · decided 1868-07-15

This action was commenced before a Justice of the Peace in Waseca count)’'. On the trial the facts were admitted. It' appears that in and for the year 1861 and in and for the year 1865, a tax of-mills on the dollar was duly levied in the town of Ótisco in said county, for the purpose of paying the bounties offered by said town to volunteers in the IT.

Decided 1868-07-15

Wilson, Oh. J.

¶1JBy the Cowrt We have held.that it was competent for the legislature to authorize the levy and collection of a tax for the purposes mentioned in Chap. 8 of the laws enacted at the extra session of the legislature in 1862, and that if such tax was levied without legal authority it was in the power of: the legislature to ratify and legalize it. Comer vs. Folsom p. 219, ante; Kunkle vs. Town of Franklin, p. 127, ante.

¶2The invalidity of the Loaos of 1865-6, referred to by appellant’s counsel, has nothing to do with the legality of this tax.- Those laws do not purport to affect in any way taxes of this kind, or to repeal or modify the laws authorizing such taxes, and if they are invalid as claimed they are merely inoperative for any purpose.

¶3Judgment affirmed.

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