State v. Weir
Supreme Court of Iowa
Appeal from Cerro Gordo District Court. An information before a justice of the peace was filed against the defendant, accusing him of keeping for sale, in violation of law, a keg of beer. The defendant filed a motion to dismiss the cause, upon the grounds that chapter 82, acts thirteenth general assembly, is unconstitutional and void, and that said act was never adopted by the legal voters of Cerro Gordo county. The motion was overruled.
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Appeal from Cerro Gordo District Court. An information before a justice of the peace was filed against the defendant, accusing him of keeping for sale, in violation of law, a keg of beer. The defendant filed a motion to dismiss the cause, upon the grounds that chapter 82, acts thirteenth general assembly, is unconstitutional and void, and that said act was never adopted by the legal voters of Cerro Gordo county. The motion was overruled. The cause was heard, and, the defendant was fined $25.00 and costs. Upon appeal to the district court, the judgment of the justice was affirmed. Defendant…
1Opinion of the Court
Day, Ch. J.
It has been held by this court that the general assembly cannot legally submit to the people the proposition whether an act should become a law or not, and that the people have no power, in their primary or individual capacity, to make laws. They must do this by representatives. Santo et al. v. The State of Iowa, 2 Iowa, 203; Geebrick v. The State of Iowa, 5 id. 492. In the former case it was held that section eighteen of the act for the suppression of intemperance, approved January 22, 1855, did not, in its largest and broadest sense, submit to the people of the State the question…
2Cases cited1 opinion
- Santo v. StateSupreme Court of Iowa · 1855
3Cited by21 opinions
- Eckerson v. City of Des MoinesSupreme Court of Iowa · 1908
- Ex parte WallCalifornia Supreme Court · 1874
- People ex rel. Graves v. McFaddenCalifornia Supreme Court · 1889
- Groesch v. StateIndiana Supreme Court · 1873
- State ex rel. Witter v. ForknerSupreme Court of Iowa · 1895
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