118 Iowa 405 | Iowa | 1902
The district court proceeded upon the theory that the appellant city had no power to include doctors of dental surgery in the ordinance in question, and make them subject to its provisions. That a municipality cannot exercise a power unless it be expressly conferred by the legislature, or absolutely necessary to carry out some other power expressly conferred, is well-settled doctrine. That in case of doubt the existence of power will be denied is equally well settled. State v. Smith, 31 Iowa, 493. By section 700 of the Code the power is given cities and towns to regulate, license and tax “itinerant doctors, itinerant physicians and surgeons,” etc. The only question for our determination is whether a practitioner of dental surgery comes within the definition of itinerant doctors or itinerant physician and surgeon. It has been held that the term “dentist” and “surgeon” are not
The judgment of the district court is therefore AEEIRMEO.