State ex rel. Ingold v. Mayor & Common Council of Madison
| Decision Date | 04 November 1919 |
| Parties | STATE EX REL. INGOLD v. MAYOR AND COMMON COUNCIL OF CITY OF MADISON. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Dane County; E. Ray Stevens, Judge.
Mandamus by the State, on the relation of Charles P. Ingold, against the Mayor and Common Council of the City of Madison. From a judgment and order directing issuance of the peremptory writ, certain defendants appeal. Affirmed.
A petition was filed with the common council of the city of Madison by relator and others, resident electors and freeholders of the Third election district of the Sixth ward of said city, to make and constitute such district a ward of said city, pursuant to section 926--8, Stats. 1917. Such required action was not taken, and upon application to the court below an alternative writ of mandamus was issued to the mayor and common council. A return was made, averring, among other things, that in the judgment and opinion of such answering defendants, constituting more than four-fifths of the members of the common council, it would be unwise to increase the number of wards in the said city, and that the best interests of the city require that, if any action be taken at all, the city be redistricted into wards, so that the number of such wards shall be 10 or less, and that the said Third precinct of the Sixth ward should not be made a separate ward, but should be included with other territory in the creation of a ward; that the petition aforesaid had been considered by the judiciary committee of said common council, and that prior to the commencement of these proceedings a report had been made by said committee and adopted by said common council to the effect that, in order to accomplish the end sought to be accomplished by said petition, a rearrangement should be made of the ward lines of the several wards, by enlarging some of the smaller wards, so that the whole number of wards in the city should not be increased, but that the population of the respective wards be more nearly equalized. They further answered that the division of the city of Madison into wards requires considerable time to get the necessary information, in order to make an equitable division of such wards, and that the common council had the matter under consideration and has not been able to arrive at a determinationas to the proper redistricting of the city.
Through oversight, notice was not published of the filing of the petition as provided in the statutes at the time the petition was originally filed, but such notice was published after the commencement of these proceedings. Upon hearing the circuit court determined that more than a...
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