McMillen v. Boyles
Supreme Court of Iowa
Appeal from, the Lee District Court. Bill for an Injunction, to enjoin tiie respondents FROM THE COLLECTION OF CERTAIN RAILROAD TAX. At a former date, the people of the county of Lee, voted upon the question of a subscription to each of three railway companies, to. assist in constructing three railways in that county.
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Appeal from, the Lee District Court. Bill for an Injunction, to enjoin tiie respondents FROM THE COLLECTION OF CERTAIN RAILROAD TAX. At a former date, the people of the county of Lee, voted upon the question of a subscription to each of three railway companies, to. assist in constructing three railways in that county. The proceedings submitting the matter to a vote, were brought to this court for review, and were held invalid, principally upon the ground that three distinct and independent measures, were submitted together, upon such terms that each was made to depend upon the others, and…
1Opinion of the CourtWoodward, J.
— The question now made is, whether the legislature could, by the act of 1857, cure the evils existing in the former submission to, and vote by, the peoplé of Lee county. The argument of the counsel of appellants, strikes at the fundamental, constitutional power of the legislature, to confer upon the counties the authority to subscribe to railway companies, and for similar internal improvements. "We understand this question to have been settled, in the case of Clapp v. The County of Cedar, 5 Iowa, 15, in which the majority of the present court, felt themselves constrained to admit the power,…
2Cases cited1 opinion
- Clapp v. County of CedarSupreme Court of Iowa · 1857
3Cited by21 opinions
- Comm'rs of Leavenworth Co. v. MillerSupreme Court of Kansas · 1871
- Iowa Railroad Land v. SoperSupreme Court of Iowa · 1874
- State v. SquiresSupreme Court of Iowa · 1868
- McSurely v. McGrewSupreme Court of Iowa · 1908
- Potter v. LainhartSupreme Court of Florida · 1902
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