State ex rel. Bump v. Omaha & Council Bluffs Railway & Bridge Co.
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — IIon. A. B.. Tiiornell, Judge. This is an action to test the validity of an ordinance-passed by the city of Council Bluffs on September 20, 1897,. amending an ordinance of the same city, passed in 1886, conferring upon defendant, as a corporation, the power to construct, operate, and maintain street railways in the city of Council Bluffs.
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Appeal from Pottawattamie District Court. — IIon. A. B.. Tiiornell, Judge. This is an action to test the validity of an ordinance-passed by the city of Council Bluffs on September 20, 1897,. amending an ordinance of the same city, passed in 1886, conferring upon defendant, as a corporation, the power to construct, operate, and maintain street railways in the city of Council Bluffs. The lower court held that the ordinance-in question was invalid for want of proper publication, and also on the ground that it provided for certain discriminations in fares in behalf of the citizens of Council…
1Opinion of the CourtMcClain, J.
1 *332 *343 *32The objection to the ordinance that it was not projierly published is based on the following facts: 'The ordinance was passed on September 20, 1897, while the provisions of the Code of 1873 were still in force. It was signed by the mayor at 9 o’clock on the evening of the thirtieth day of the sáme month. On the first day of October the Code of 1897 took effect, under the provisions of which it was not competent for the council to .grant such a franchise without submission of the question to a vote of the people of the city. If the ordinance did not take effect as a valid act before the…
2Cases cited11 opinions
- Gloucester Ferry Co. v. PennsylvaniaSupreme Court of the United States · 1885
- Lake Shore & Michigan Southern Railway Co. v. SmithSupreme Court of the United States · 1899
- Guy v. BaltimoreSupreme Court of the United States · 1880
- Scammon v. City of ChicagoIllinois Supreme Court · 1866
- Ormsby v. City of LouisvilleCourt of Appeals of Kentucky · 1880
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3Cited by9 opinions
- Northern Texas Utilities Co. v. Community Natural Gas Co.Court of Appeals of Texas · 1927
- Town of Sapulpa v. Sapulpa Oil & Gas Co.Supreme Court of Oklahoma · 1908
- Penna. R.R. Co. v. Public Ser. Com.Court of Appeals of Maryland · 1915
- City of Harlan, Iowa v. Duncan Parking Meter CorporationCourt of Appeals for the Eighth Circuit · 1956
- Hoffmeyer v. ReedSupreme Court of Kansas · 1912
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