76 Iowa 159 | Iowa | 1888
— The plaintiff is the publisher of the “Chariton Herald,” a newspaper published in Chariton, Lucas county; and the defendants, or some of them, are publishers of other newspapers in said county, — one known as the “Chariton Democrat,” and the other, “Chariton Patriot.” This case grows out of a contest between the publishers of said newspapers as to which of them was entitled to publish the proceedings of the board of supervisors, as provided by statute. Each of the publishers made what they claim to be a proper and sufficient showing, at a proper time, and a hearing was had before the board of supervisors, who designated and decided that the “Chariton Patriot”
Section 304 of the Code provides for the publication of the proceedings of the board of -supervisors in at least one newspaper. Contests between the publishers of news ■ papers arose as to who was entitled to publish such proceedings, and it was held that it did not matter how much a publisher deemed himself aggrieved by the decision of the board, he had no right to complain by appealing to the courts for redress. Welch v. Board of Supervisors, 23 Iowa, 199; Smith v. Yoram, 37 Iowa, 89; Iowa News Co. v. Harris, 62 Iowa, 501. This last decision was made in December, 1883, and the Twentieth General Assembly, which convened in January thereafter, passed an act repealing section 304, and amending section 307 of the Code; and said act, in substance, provides that the board of supervisors shall designate the newspapers having the largest circulation in the county as the official newspapers of the county, and provision is made in relation to the evidence that shall be submitted to the board, and it is further provided as follows: “In case charges of fraud are made by an aggrieved publisher, the board shall seek other evidence of circulation, and the aggrieved publisher shall have the right of appeal * -* f0r redress of grievances.” Ch. 197, Laws