26 Iowa 497 | Iowa | 1868
The papers and records of the board of supervisors show, respecting this road, that notices that a petition would be presented to the board were duly given and posted; that a petition was presented to the clerk under the authority supposed to be conferred by the act of 1860, and the resolution of the board thereunder, delegating its powers to the clerk; that a commissioner was duly appointed by the clerk, that he was sworn, acted, reported his action, and that the same was confirmed by the board, which, when in regular session, established the road.
The plaintiffs in the present case do not allege or show that they had no actual notice of the pendency of the proceedings before the board of supervisors for the establishment' of the road, nor that the commissioner was not a suitable person.
There has been much discussion by the courts, and some contrariety of opinion, as to the extent to which the legislature may constitutionally go in the enactment of retrospective laws. The subject will be found quite fully examined in prior cases decided by this court. McMillen v. Boyles, Co. Judge, 6 Iowa, 306, 391; Dubuque Female College v. Dist. Township, etc., 13 id. 555; Newman v. Samuels, 17 id. 528; Brinton v. Seevers, 12 id. 389; Jones v. Berkshire, 15 id. 218; The State v. Squires, ante, 310, and authorities there cited.
Questions of .this character very much depend upon the peculiar circumstances of the cases in which the legislative power is exercised. •
There may be retrospective legislation of a character so palpably destructive of private and vested rights that it is the duty of the court to declare it to be'inoperative.
There is nothing in our Constitution prohibiting, in
'J'lie interests of justice and the general good of the community frequently require and sanction such legislation, although it should be borne in mind by the legislator that such exercises of power can only be defended upon principle and sustained in law when they are not directed against the vested rights of particular individuals or classes, but have their origin in a just regard for the public welfare.
Affirmed.