Legal Opinion

State v. Olinger

Supreme Court of Iowa

Decided December 13, 1899PublishedCited by 1 opinion

Appeal from Dubuque Distfict Court. — HoN. C. M. Waterman", Judge. The defendant was accused of willful and corrupt misconduct in office, it being averred in the indictment that, as mayor of Dubuque, >a city of over twenty thousand inhabitants, and acting under a special charter, “the said city of Dubuque, under and in accordance with the provisions of ■chapiter sixteen, Laws of the Twenty-third General Assembly of the state of Iowa, theretofore had fixed the salary of the…

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Appeal from Dubuque Distfict Court. — HoN. C. M. Waterman", Judge. The defendant was accused of willful and corrupt misconduct in office, it being averred in the indictment that, as mayor of Dubuque, >a city of over twenty thousand inhabitants, and acting under a special charter, “the said city of Dubuque, under and in accordance with the provisions of ■chapiter sixteen, Laws of the Twenty-third General Assembly of the state of Iowa, theretofore had fixed the salary of the ■mayor of the city of Dubuque * * * at the sum of one thousand five hundred dollars per annum, which said sum of fifteen…

1Opinion of the CourtLadd, J.

Chapter 16 of tbe Acts of tbe Twenty-third General Assembly was not self-enforcing. Tbe salaries of mayors continue as before, unless changed in tbe manner 1 therein provided, and in that event must be limited to tbe amounts named.- This plainly appears from tbe wording of tbe first section: “Cities incorporated under special charters are hereby granted the power to fix tbe compensation of their mayors by ordinance of their respective city councils as follows: * * * For cities of over 20,000 [population] not to exceed $1,500 per annum, which amount shall be in full compensation of all…

2Cases cited9 opinions

  1. State v. KingSupreme Court of Iowa · 1873
  2. Wagner v. Town of GarrettIndiana Supreme Court · 1889
  3. Garvin v. WellsSupreme Court of Iowa · 1859
  4. Phillips v. City of AtlantaSupreme Court of Georgia · 1887
  5. City of Council Bluffs v. WatermanSupreme Court of Iowa · 1892

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3Cited by1 opinion

  1. State v. TyrrellSupreme Court of Connecticut · 1923

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