Legal Opinion

Wooster v. Mahaska County

Supreme Court of Iowa

Decided January 21, 1904PublishedCited by 4 opinions

Appeal from, Mahasha District Court. — -Horn W. G. Clem-ENTS, Judge. The plaintiff was the publisher of the Oskaloosa Weekly Journal, and in January, 1900, he made a written application for the selection of that paper as one of the official papers of the county for that year.

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Appeal from, Mahasha District Court. — -Horn W. G. Clem-ENTS, Judge. The plaintiff was the publisher of the Oskaloosa Weekly Journal, and in January, 1900, he made a written application for the selection of that paper as one of the official papers of the county for that year. At the January session of the board of supervisors the following action was taken and duly recorded: “On motion, the .Oskaloosa Herald, Oskaloosa Journal, Oskaloosa Times, New Sharon Star, and Saturday Globe be declared the official papers to publish the board proceedings for the year 1900, at not to exceed twenty cents…

1Opinion of the CourtShebwiN, J.

Tbe pivotal question in this case is whether section 441 of the Code of 1897 fixed the compensation of official county papers at thirty-three and one-third cents per square absolutely, or fixed that sum as a limit beyond- which the board could not go, and gave it the power to contract that the work be clone for less. We are clearly, of opinion that the statute was not intended to provide for a fixed and absolute amount. The language is, “and the cost of such publication shall not exceed thirty-three and one-third cents.” This clearly fixed a maximum limit to the cost of publication, and quite…

2Cited by4 opinions

  1. Shuck v. Carroll Daily HeraldSupreme Court of Iowa · 1933
  2. Bloss v. Federated Publications, Inc.Michigan Court of Appeals · 1969
  3. Butler v. Board of CommissionersIndiana Supreme Court · 1912
  4. In Re Louis Wohl, Inc.District Court, E.D. Michigan · 1931

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