Hutchins v. City of Des Moines
Supreme Court of Iowa
Appeal from Polk District Gomri. — Hubert Utterback, Judge. On June 19, 1911, there was submitted to the voters of Des Moines at a special election this proposition: ‘ ‘ Shall the city of Des Moines purchase, establish, erect, maintain, and operate waterworks with all necessary reservoirs, mains, filters, streams, trenches, pipes, drains, machines, apparatus, and other requirements of waterworks plant or system?” 3,330 votes were cast for the proposition, and 442 against.
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Appeal from Polk District Gomri. — Hubert Utterback, Judge. On June 19, 1911, there was submitted to the voters of Des Moines at a special election this proposition: ‘ ‘ Shall the city of Des Moines purchase, establish, erect, maintain, and operate waterworks with all necessary reservoirs, mains, filters, streams, trenches, pipes, drains, machines, apparatus, and other requirements of waterworks plant or system?” 3,330 votes were cast for the proposition, and 442 against. The city, on October 2d following, adopted the resolution that ‘ ‘ The city of Des Moines do- now proceed to acquire by…
1Opinion of the CourtLadd, J.
The city of Des Moines was authorized to acquire or construct a waterworks system (Sec. 720, Code Supp., 1913), and, as it might do under Section 721'of such ‘ Code Supplement, on June 19, 1911, submitted to the voters of the city the question of whether it should purchase, establish, erect, operate and maintain such system. Though a relatively small number voted, a majority favored purchasing, etc., and thereafter the city council proceeded ‘ ‘ to acquire by condemnation” the existing system of the Des Moines Water Company. Section 722, Code Supp., 1913. An appropriate resolution was…
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