Ex parte Pritz
Supreme Court of Iowa
The petitioner was arrested by virtue of a warrant issued by the police magistrate of the city of Davenport, for a violation of an ordinance of said city. The office of police magistrate was created by an act of the General Assembly, enti- . tied “ an act entitled an act to amend an act to incorporate the city of Davenport, and amend the several acts amendatory thereto.”
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The petitioner was arrested by virtue of a warrant issued by the police magistrate of the city of Davenport, for a violation of an ordinance of said city. The office of police magistrate was created by an act of the General Assembly, enti- . tied “ an act entitled an act to amend an act to incorporate the city of Davenport, and amend the several acts amendatory thereto.” Approved Jan. 23, 1857. On the 20th of March 1858, this act to incorporate said city and the several acts amendatory thereto, was further amended by “an act to amend an act, entitled an act to incorporate the city of…
1Opinion of the Court
Wright, C. J.1
The act of March 20th, 1858, is claimed to be unconstitutional upon the grounds ;
*32First — Because such legislation is prohibited by section 30 of Art. 3 of the Constitution.
Second — Because it depended for its validity upon the vote of the people.
We shall confine ourselves to the first objection, regarding that as decisive of the case. We are to determine not whether the legislature has the power given to it to pass such laws, but whether this power is withheld. Eor if not prohibited or withheld, then it is conceded that it would be a legitimate exercise of power.
The 30th section…
2Cited by33 opinions
- Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- State ex rel. White v. BarkerSupreme Court of Iowa · 1902
- State ex rel. West v. City of Des MoinesSupreme Court of Iowa · 1896
- State v. SquiresSupreme Court of Iowa · 1868
- City of Ensley v. SimpsonSupreme Court of Alabama · 1909
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