110 Iowa 306 | Iowa | 1900
Lead Opinion
The district township of Adams is’ divided into eight subdistricts. In each of these there is "a school house The village of Lacey, a station on the Iowa Cen
Dissenting Opinion
(dissenting). — I do not concur in the conclusion that tbe voters bad power to vote, in 1898, to rescind tbe tax regularly voted in 1897. Their powers being expressed in the statute, all powers not expressly or by reasonable implication conferred are excluded. Tbe power to rescind is-not expressly given, and, as I view it, may not be reasonably-implied. The power to vote on a question of a tax implies tbe power to vote against it, but not to vote to rescind it after it has been regularly authorized. As well may it b© implied that power to vote for or against a person for am-office confers power to rescind bis election regularly mad© by a subsequent vote of tbe electors. Tbe law provides hour the will of tbe voters shall be ascertained, and, when their will is expressed, as provided by law, nothing remains but to carry it into effect. It is said that tbe power to rescind' exists “unless by so doing they interfere with vested rights.’* While I do not agree that tbe power to rescind exists, yet,, conceding that it does until some adverse right is- vested,, bow is it '.in this case? By tbe vote of 1897 tbe tax was-regularly authorized, and it was then tbe duty of the defendants to cause that tax to be certified for levy and collection,, and to apply it to tbe authorized use; but this tbey wrongfully and obstinately refused to do. It is beyond question-that, as matters stood on March 29, 1897, tbe day plain