Joseph McKenna

“ If the legislature of the state has the power to create and alter school districts, and divide and apportion the property of such district, no contract can arise, no property of a district can be said to be taken, and the action of the legislature is compatible with a republican form of government even if it be admitted that § 4, article 4, of the Constitution, applies to the creation of, or the powers or rights of property of, the subordinate municipalities of the state. ”

“ The grounds of attack upon the validity of the act creating the new district in the supreme court of the state were as follows:
First. It deprives this school district or municipality of the right of local self-government, guaranteed to all municipalities by the Constitution.
Second. The title to the act indicates, and the act itself embraces, more than one object.
Third. The act is broader than the title; the body of the act embraces many objects not covered by the title. ”

“ The circuit court rendered a judgment of ouster against defendants in error. The supreme court entered the following judgment: 'The judgment of ouster should be affirmed as to such officers as now hold under the legislative appointment, if there be any thus holding. ”