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Keywords

hearingcorporationwrit of prohibition
jurisdictionwillcorporationconstitutional law

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State ex rel. Luly v. Simons, 32 Minn. 540, 21 N.W. 750

Facts

The case arose from a legislative act that allowed for the incorporation of territory as a village upon application to a district court judge. The act outlined procedures for petitioning, hearing, and determining the incorporation based on the interests of the inhabitants. The relator argued that the act was unconstitutional because it delegated legislative powers to the district court, which is a judicial body.

It will be observed that under the provisions of this act the legislature has not, except as to certain preliminaries, determined or defined the facts or things upon the existence of which the territory shall be incorporated as a village.

Issue

Is the legislative act allowing the incorporation of territory as a village unconstitutional for delegating legislative powers to the district court?

The contention of the relator is that the act referred to is unconstitutional, because it assumes to delegate purely legislative powers to the district courts or the judges thereof.

Rule

Legislative powers cannot be delegated to judicial bodies, as the constitution vests all legislative power exclusively in the legislative department.

One of the settled maxims of constitutional law is that legislative powers cannot be delegated.

Analysis

The court analyzed the provisions of the act and determined that it effectively delegated legislative powers to the district court by allowing the court to decide on the incorporation based on public interests. This determination is a legislative function, which the court concluded is not permissible under the constitution.

In short, it is left to the court to decide whether public interests will be subserved by creating a municipal corporation, and the determination of this question is left wholly to his views of expediency and public policy.

Conclusion

The court held that the act was unconstitutional and issued a writ of prohibition to prevent the district court from proceeding with the incorporation.

Let the writ issue.

Who won?

The relator prevailed in the case because the court found that the act improperly delegated legislative powers to the district court, violating constitutional principles.

The act assumes to delegate these legislative powers to the district court,-a tribunal not authorized to exercise them, its jurisdiction under the constitution being purely judicial.

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