Town of Bloomfield v. Trimble
Supreme Court of Iowa
Appeal from, Davis District Cov/rt. I. MUNICIPAL corporations: powers of: foiMntotcation-The town of Bloomfield, having been regularly incorporated under the general incorporation laws of this State,'enacted .an ordinance as follows: Sec. 1. “Be it ordained by the town council of the Town of d Eloomfield, that, if any person shall be found in a state of intoxication, he shall be deemed guilty of a misdemeanor, and the marshal may, without warrant,, and it is hereby made his…
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Appeal from, Davis District Cov/rt. I. MUNICIPAL corporations: powers of: foiMntotcation-The town of Bloomfield, having been regularly incorporated under the general incorporation laws of this State,'enacted .an ordinance as follows: Sec. 1. “Be it ordained by the town council of the Town of d Eloomfield, that, if any person shall be found in a state of intoxication, he shall be deemed guilty of a misdemeanor, and the marshal may, without warrant,, and it is hereby made his duty to, take such person into custody, and, if in a fit condition for trial, take him before the mayor; if not in a fit…
1Opinion of the CourtNothrock, J.
I. It is said in argument that the District Court sustained the demurrer upon the ground that the statute does not grant the power to municipal corporations to punish intoxication by ordinance.
It is true the statute does not specifically provide that a municipal corporation may punish persons for intoxication or drunkenness. But there are many subjects of' municipal control which are not expressed and particularly named in the sections of the Code conferring powers upon cities and towns. Sec. 456, after enumerating certain powers of the incorporation, such as the prevention of riots, noise,…
2Cited by21 opinions
- Hood v. Von GlahnSupreme Court of Georgia · 1892
- Miles v. StateCourt of Appeals of Maryland · 1998
- City of Des Moines v. ReiterSupreme Court of Iowa · 1960
- Van Buren v. TexarkanaSupreme Court of Arkansas · 1890
- Town of Neola v. ReichartSupreme Court of Iowa · 1906
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