City of Fairfield v. Shallenberger
Supreme Court of Iowa
Appeal from, Jefferson District Court.— Hon. M. A. Roberts, Judge. Ti-ie defendant was accused of violating section 16 of ordinance 59 'of the city of Fairfield. He was found guilty before a justice of the peace, and appealed to the district court, where he was tried on an agreed statement of facts and acquitted.
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Appeal from, Jefferson District Court.— Hon. M. A. Roberts, Judge. Ti-ie defendant was accused of violating section 16 of ordinance 59 'of the city of Fairfield. He was found guilty before a justice of the peace, and appealed to the district court, where he was tried on an agreed statement of facts and acquitted. The section of the ordinance under consideration, so far as the same is material here, is as follows: “ Persons engaging for pay or reward in any of the following occupations, professions or trades, in this city, shall pay a license herein designated, traveling physicians fifty ($50)…
1Opinion of the CourtSherwin, J.
The trial court held that the city of Fairfield had no power to require an itinerant physician- to pay a license, the effect of which was to “ limit or curtail the authority granted him by the State board of medical examiners by a license duly and properly issued by said board.” The correctness of this conclusion of the trial court is the ultimate question for our determination in this case. Code, section 700, provides that cities and towns shall have power “ to regulate, license and tax . . . itinerant doctors, itinerant physicians and surgeons”; and it was under the express power given by…
2Cases cited11 opinions
- Welton v. MissouriSupreme Court of the United States · 1876
- Webber v. VirginiaSupreme Court of the United States · 1881
- McAunich v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1866
- Iowa Railroad Land v. SoperSupreme Court of Iowa · 1874
- City of Ottumwa v. ZekindSupreme Court of Iowa · 1895
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3Cited by6 opinions
- Medias v. City of IndianapolisIndiana Supreme Court · 1939
- State Ex Rel. McElhinney v. All-Iowa Agricultural Ass'nSupreme Court of Iowa · 1951
- Towns v. City of Sioux CitySupreme Court of Iowa · 1932
- Lyons v. City of PortlandOregon Supreme Court · 1925
- Ogilvie v. City of Des MoinesSupreme Court of Iowa · 1930
1 more not listed; retrieve them via the Exa API.