112 Iowa 397 | Iowa | 1900
tion of general consent to sell intoxicating liquors, which, was signed by more than 65 per cent, of the legal voters who voted at the last preceding general election in said county, as shown by the poll list of said election, and that at the January, 1898, session of the board of supervisors ot" Winneshiek county, Iowa, on due notice given, the board canvassed the petition, and found that more than 65 percent. of the voters who voted at the last preceding general election in said county had signed said petition, as shown, by the poll lists of said election, and entered their findings of record, as to the county and the various townships and voting precincts in said county, but made no finding of record as to the number of voters who voted at the 1896 general, election in .said county residing in the town of Ossian, Iowa, introduced before said board, nor was any appeal taken from the said action of the said board. It is further stipulated that- the town of Ossian, Iowa, is duly incorporated, and that the incorporated town of Ossian is not a-separate voting precinct at any general election; that Military township, wherein said town is situated, is the voting-precinct; that the board of supervisors found and entered of record that there were 370 voters in Military township at the 1896 general election, and that 321 bad signed said consent petition, as shown by the poll lists of said election.. It is further stipulated that the opinion in the case of Cameron v. Fellows, 109 Iowa, 534, shall be considered as evidence in this case. It is stipulated that defendants can show before the said district court, by the poll lists of said election, by the consent petition, and by oral testimony of witnesses, that, as a matter of fact, more than a majority of
III. No question is made but that Ossian is a town. The language of section 2449, quoted above, is without qualification, and we think applies to all towns, though they be but a part of a voting precinct. Immediately preceding this language it is provided as follows. “But no such statement ■of general consent,shall be construed as a bar to proceedings