Legal Opinion

Shaw v. City Council

Supreme Court of Iowa

Decided November 21, 1905PublishedCited by 53 opinions

Appeal from Marshall District Court.— Son. Obed Gas-well, Judge. This is an action of mandamus brought to obtain an order commanding the city council of the city of Marshall-town to employ the plaintiff as city clerk of said city. It is bottomed on chapter 9 of the Laws of the Thirtieth General Assembly, which reads as follows: Section 1. Preference in Appointments and Promotions.

Read the full summary

Appeal from Marshall District Court.— Son. Obed Gas-well, Judge. This is an action of mandamus brought to obtain an order commanding the city council of the city of Marshall-town to employ the plaintiff as city clerk of said city. It is bottomed on chapter 9 of the Laws of the Thirtieth General Assembly, which reads as follows: Section 1. Preference in Appointments and Promotions. That in every public department and upon all public works in the state of Iowa, and of the counties, cities ánd towns thereof, honorably discharged soldiers, sailors and marines from the army and navy of the United…

1Opinion of the Court

Sherwin, C. J.—

1. constitusoidiers^preference statute. But little need be said concerning the national Constitution. The fourteenth amendment declares that no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States. The privileges and immiinj^[eg pere protected are those of citizens of the United .States, as distinguished from the citizens of a state, and the fourteenth amendment deals only with the rights of citizens of the United States as such. Blake v. McClung, 172 U. S. 239 (19 Sup. Ct. 165, 43 L. Ed. 432); Slaughter House…

2Cases cited41 opinions

  1. Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
  2. Jacobson v. MassachusettsSupreme Court of the United States · 1905
  3. Dent v. West VirginiaSupreme Court of the United States · 1889
  4. Minor v. HappersettSupreme Court of the United States · 1875
  5. Blake v. McClungSupreme Court of the United States · 1898

36 more not listed; retrieve them via the Exa API.

3Cited by53 opinions

  1. Eckerson v. City of Des MoinesSupreme Court of Iowa · 1908
  2. Commonwealth Ex Rel. Graham v. SchmidSupreme Court of Pennsylvania · 1938
  3. Valley Nat. Bank of Phoenix v. GloverArizona Supreme Court · 1945
  4. Pierce v. GreenSupreme Court of Iowa · 1940
  5. State ex rel. Workman v. GoldthaitIndiana Supreme Court · 1909

48 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API