State v. Herod
Supreme Court of Iowa
Appeal from Dubuque Circuit Court. Monday, June 20. The 19th clause of section 7 of the “act revising and consolidating the laws incorporating the city of Dubuque,” etc., approved January 28, 1857, (Laws of 1857, p. 348), provides that the city council shall have power “to license, tax and regulate hackney carriages, omnibusses, wagons, carts, drays and all other vehicles, and porters, and fix the rate to be charged for the carriage of persons, and for the wagonage, cartage,…
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Appeal from Dubuque Circuit Court. Monday, June 20. The 19th clause of section 7 of the “act revising and consolidating the laws incorporating the city of Dubuque,” etc., approved January 28, 1857, (Laws of 1857, p. 348), provides that the city council shall have power “to license, tax and regulate hackney carriages, omnibusses, wagons, carts, drays and all other vehicles, and porters, and fix the rate to be charged for the carriage of persons, and for the wagonage, cartage, drayage or porterage of property.” The council passed “ an ordinance in relation to licenses,” one section of which…
1Opinion of the CourtWright, J.
It seems to us, that to .state this case is to decide it. The special privileges granted to and conferred upon the railway company did not exempt it from liability to pay a license fee for each vehicle by it used on the line of its road. It might as well be claimed that the property of the company was not liable for its due proportion *125of the taxes imposed by the city, because of the rights conferred by the ordinance. An exclusive right conferred upon a company to run its omnibus lines upon certain streets, without more, would not dispense with the license fee provided in a prior ordinance.…
2Cited by18 opinions
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- Comm'rs of Ottawa Co. v. NelsonSupreme Court of Kansas · 1877
- Alabama Power Co. v. City of Carbon HillSupreme Court of Alabama · 1937
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