24 Wis. 49 | Wis. | 1869
On the motion to quash the alternative writ of mandamus in this case, it was claimed that chapter 280, Pr. & L. Laws of1868, was unconstitutional, upon two grounds. The first ground was, because the legislature did not fix in the act the point to which the county seat was to be removed in case a majority of the voters of the county should vote in favor of a removal of the same to that point. This is a mistake. The first section of the act provides that at a special election to be held as therein prescribed, the legal voters duly registered of the county of Portage were thereby authorized to vote upon the question of the removal of the county seat of
The. second objection taken to the law is, that this provision in the fifth section is in the nature of a bribe to the voters of the county to vote for the removal to Stevens’ Point, and that upon grounds of public policy the law must be declared void. This objection cannot prevail. If the legislature had power to authorize such an arrangement, it is not for this court to declare the law void because it may think such provisions not wise nor beneficial. The question whether such enactments were in harmony with the soundest public policy, was one for the legislature to determine; and the courts cannot nullify them because they may think them not consistent with the highest wisdom and morality. We do not wish to be understood as conceding that there is any thing immoral or objectionable in this provision of the law. So long as the people of Stevens’ Point, upon whom the burden of raising this sum. of money was imposed by the legislature, do not complain of the condition, others, who are relieved by it, should not.
By the Court. — -The motion to quash the alternative writ is denied.