90 Iowa 376 | Iowa | 1894
The only action of the hoard of supervisors in regard to the selection of newspapers shown by the record of its proceedings is as follows: “On motion it was ordered that the New Hampton Tribune, Iowa Free Presse, Lawler Dispatch, and Nashua Times be the official papers of the county to publish the proceedings of the board of supervisors of Chickasaw ■county, Iowa, for the year 1892, and that the said four papers publish said proceedings for the same compensation as two papers are allowed by law to publish same.” The appellant was the publisher of the New Hampton Tribune. On the fourth day of January, 1892, that being the first day of the session of the board, the plaintiff deposited with the county auditor a certified statement, subscribed and sworn to, which gave the number and names of the bona fide yearly subscribers for his paper living within’ the county, with the postóffice address of each. . At a later time, but before the board made any selection, E. H. Fairbairn, publisher of the New Hampton Courier, filed with the auditor a similar statement in regard to the Courier. Both statements were sealed, and were - opened by the auditor at the request of the board, and were examined by it. No •other statements were filed, and no day was named by the board for filing them. Mr. Fairbairn was represented before the board by attorney, who presented his •claim, and asked that he be heard before the papers were selected. Mr. Haislet was also before the board as an applicant for the selection of his paper, although 'he did not file a statement; but there was no time when representatives of the papers selected and of those which were unsuccessful applicants were before the board together, and none were present when the matter was
The pleading filed by the plaintiff in the district court alleges that after the statements were filed the members of the board had a private meeting with some or all of the proprietors of the papers selected, at which it was agreed