137 Iowa 177 | Iowa | 1908
'The original petition was filed in August, 1905. It was alleged therein that James Stier was the duly elected assessor of the city of Atlantic, but that he refused to take the census thereof, and that the defendant
Needles demurred to these pleadings, and upon the overruling thereof he answered, alleging* that the census returned by him was honestly taken, and that any errors therein were mistakes or errors in judgment. ITe denied any intent to illegally pad the census, and alleged that the same was completed and returned before June 1, 1905, and before this suit was brought, and that the suit could not be maintained against him because he was not then in office. He challenged the right of the plaintiffs to maintain the action and the jurisdiction of the court. The executive council and Secretary of State answered, denying any knowledge of illegality in taking the census, and alleging want of jurisdiction to enjoin them from compiling and publishing the same as returned by the defendant Needles. Needles’ motion to transfer the case to the law docket was overruled, and thereafter the case was tried to the court, and a final decree entered for the plaintiffs finding that the census was fraudulent and ordering certain names stricken therefrom. The decree also enjoined the executive council and the Secretary of State from publishing a list containing such names as a part of the census of Atlantic. The costs were taxed to Needles, and he alone appeals.
No one will claim that the population of a community may be increased or diminished for the purpose of affecting rights under the statute in question, and yet, if it be held that a resident taxpayer of such community has no such interest in the question as will- permit him to maintain an action to enjoin an illegal enumeration or to enjoin the retaining of names on the roll, fraudulently placed there, the efficiency of the restrictions placed around the mulct law will be greatly ■impaired. We are of the opinion that the general policy of the law in this respect warrants us in holding that the plaintiffs herein have the right to sue as citizens of Atlantic,
No one was interested in the census of Atlantic except its own citizens. The State authorities had no special interest therein, and, so far as we are advised, they have no authority to interfere with the enumeration of its citizens. And, unless those who were directly interested be held to be competent to act, all kinds of burdens might be imposed upon them by the fraudulent and dishonest acts of an officer. The right sought to be protected was not a mere political one. Eights to the quiet enjoyment of a home and to the full protection of the law are substantial rights which the courts will enforce at the instance of the party who has been or who is about to be wronged.-
It is also said that this precise question was determined by this court adversely to the appellee’s claim when the temporary order restraining the executive council from carrying into effect the decree of the court below was dissolved on motion. But such is not the fact. It was found that Needles had no special interest in the publication of the census, and that he had appealed only from the judgment against him for costs. No other question was determined so far as he was concerned.
It is also insisted that there is not sufficient evidence upon which to base the decree, but, as has already been intimated herein, we think differently. We think the record clearly sustains the decree.
The appellee filed an amended and additional abstract, and the appellant filed a motion to strike this and to tax the cost of printing the same to the appellee. The motion to strike is overruled, and the motion to tax is sustained to the extent of taxing one-fourth of the cost of printing same to the plaintiffs, and it is otherwise overruled.
The judgment should be, and it is, affirmedl.