Legal Opinion

Witter v. Board of Supervisors

Supreme Court of Iowa

Decided October 26, 1900PublishedCited by 9 opinions

Cross Appeals Polk District Court. — Hon. S. F. Prouty, Judge. T At tbe general election in 1898, by a vote of tbe electors of Polk county, tbe board of supervisors was authorized to build a new court bouse for tbe county, and to issue bonds to raise tbe funds therefor, and to levy a tax to pay said bonds.

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Cross Appeals Polk District Court. — Hon. S. F. Prouty, Judge. T At tbe general election in 1898, by a vote of tbe electors of Polk county, tbe board of supervisors was authorized to build a new court bouse for tbe county, and to issue bonds to raise tbe funds therefor, and to levy a tax to pay said bonds. A change of location of tbe court bouse within tbe city of Des Moines was afterwards agitated, and at a special election held January 25, 1899, tbe board of supervisors submitted to tbe voters of the county tbe following propositions: “Shall tbe board of supervisors of Polk county purchase…

1Opinion of the CourtSi-ierwin, J.

3 The plaintiffs David P. Witter and C. O. Nourse assail the curative act‘as unconstitutional, and allege as grounds therefor that it is intended to confer upon the board of supervisors of Polk county alone the following powers: First, the power to levy a special tax for county purposes for the next 20 years; *386second, the power to purchase real estate exceeding $2,000 in value, in violation of the general laws of the state, which forbid the exercise of that power; third, the power to create a debt and to issue evidence of indebtedness of a tenor and nature not authorized by any existing…

2Cases cited20 opinions

  1. Claiborne County v. BrooksSupreme Court of the United States · 1884
  2. Clark v. City of Des MoinesSupreme Court of Iowa · 1865
  3. Richman v. Supervisors Muscatine CountySupreme Court of Iowa · 1889
  4. Clark v. City of JanesvilleWisconsin Supreme Court · 1860
  5. State v. SquiresSupreme Court of Iowa · 1868

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3Cited by9 opinions

  1. McSurely v. McGrewSupreme Court of Iowa · 1908
  2. Miller & Lux, Inc. v. Board of SupervisorsCalifornia Supreme Court · 1922
  3. Swanson v. City of OttumwaSupreme Court of Iowa · 1902
  4. Swartz v. Carlisle BoroughSupreme Court of Pennsylvania · 1912
  5. Swanson v. City of OttumwaSupreme Court of Iowa · 1906

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