Rufus Wheeler Peckham

“ For these public considerations the court refused to permit the inquiry to be made, even by the state, into the validity of the municipal government of the city as enlarged under color of the act of 1890. That no collateral inquiry would be permitted the opinion takes as unquestionably plain. ”

“ It will be seen that importance is given to the fact that the defective organization takes place under color of law. Nothing less can be said of the annexation in this case than that it was made under color of law. 'Color of law' does not mean actual law. 'Color,' as a modifier, in legal parlance, means 'appearance, as distinguished from reality.' Color of law means 'mere semblance of legal right.' Kin. ”

“ Neither fact alters the effect to be properly given the opinion in the case mentioned, in the face of the facts actually existing. From the time of the passage of the annexation act up to the commencement of this suit, a period of seven years, there is no allegation of any act on the part of the complainants or any other citizen in the way of an attempt to test the validity of this legislation, with the exception of the suit brought by the state upon the relation of a nonresident property owner who paid taxes in the amount of one dollar a year. ”

“ It is hardly possible to contemplate the situation to result from a judgment dissolving the present city organization, and leaving the territory formerly embraced within corporate lines as it would be left. ”

“ For four years taxes have been levied, collected, and expended under the new conditions; public improvements have been made, including some miles of street curbing, paving, and sewerage, for which certificates and w rrants have been issued, and contracts are now outstanding for such improvements. ”