Tusant v. City of Des Moines

(dissenting) — I respectfully dissent from the majority opinion which is accomplished by judicial legislation.

The title to the Soldiers’ Preference Law, chapter 9, 30th General Assembly, reads:

“An Act regulating appointments, employment, and removals in the public departments and upon public works in Ihe state of Iowa, and the counties, cities and towns thereof.”

Sections 1159 and 1163, Code, 1939, read in part as follows :

“1159 * " * In every public department and upon all public works in the state, * * * honorably discharged soldiers * * * shall, except in the position of school teachers, be…