Legal Opinion · Dissent

Younker v. Susong

Supreme Court of Iowa

Decided January 22, 1916Published

Appeal from Polk District Court. — Hubert Utterback, Judge. Actions in equity. The two cases were submitted together, separate judgments to be entered.

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Appeal from Polk District Court. — Hubert Utterback, Judge. Actions in equity. The two cases were submitted together, separate judgments to be entered. November 29, 1915, a special election was held in the city of Des Moines, at which election there was submitted to the voters the following question: ‘ ‘ Shall the propositions to establish a municipal court in the city of Des Moines, Iowa, under and by virtue of the provisions of Sections 694-el to 694-c51 of the Supplemental Supplement to the Code of Iowa, 1915, be adopted ? ’ ’ The judges of election made return of the ballots to the city…

1DissentSalinger, J.

(Dissenting.) — I. The majority rules that the words of Section 1131 of the Code of 1897, which permit women to vote “on the question of increasing the tax levy” grant them the right to vote on whether a municipal court shall be established. These quoted words must be construed either “according to the context or the approved usage of the language”, or else according to “such peculiar and appropriate meaning in law” as they “may have acquired”. It is not vital with me that I think “tax levy” has acquired such meaning in law, because I am firmly persuaded that on neither of said rules of…

2Cases cited24 opinions

  1. Dishon v. SmithSupreme Court of Iowa · 1859
  2. Coggeshall v. City of Des MoinesSupreme Court of Iowa · 1908
  3. Banks v. SergentCourt of Appeals of Kentucky · 1898
  4. Murphy v. City of SpokaneWashington Supreme Court · 1911
  5. Saunders v. City of Iowa CitySupreme Court of Iowa · 1907

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