62 Iowa 303 | Iowa | 1883
I. Tbe Oity of Dubuque, operating under a special charter, on tbe 28th day of April, 1877, passed an ordinance
“Eor the assessment and collection of taxes for state, county or road purposes;
“For laying out, opening and working roads or highways;:
“For changing the names of persons;
“For the incorportion of cities and towns;
“For vacating roads, town plats, streets, alleys or public squares;
“For locating or changing county seats.'
“In all the cases above mentioned, and in all other cases. where a general law can be made applicable, all laws shall be general and of uniform operation throughout the state.”' It has been held that this section of the constitution prohibits the passage of a special law for the amendment of the charter of a city. Ex parte Pritz, 9 Iowa, 30; Davis & Bro. v. Woolnough, Id., 104; Hetherington v. Bissell, 10 Id., 145; Baker & Griffin v. The Steamboat Milwaukee, 14 Id., 214; Town of McGregor v. Baylies, 19 Iowa, 43. As the-legislature could not, by special act, have authorized the city of Dubuque to pass the ordinance in question, it follows. that it cannot, after the passage of the ordinance, legalize it. by a special act. The legislature cannot do indirectly what it is inhibited from doing directly.
II. Section 464 of the Code confers upon cities, acting under the general corporation law, power to authorize or forbid
III. The defendant complains that the plaintiffs were allowed to prove that the operation of the motor had diverted
IT. The defendant complains, of the action of the court in striking out a portion of the answer of Tsclirigi, the city
V. The only instruction of the court of which the defendant complains is, that plaintiff could recover damages for a time extending from the building and operation of the road down to the filing of the amended petition. The defendant insists that, during a portion of this time, after the passage of chapter 96, laws of the Eighteenth General Assembly, the city had the right to authorize a street railway to use steam in
YI. It is claimed incidentally, though not in consideration of any instruction or ruling of the court, that the city
Affirmed.