192 Iowa 626 | Iowa | 1921
“The above named defendant is accused of the crime of disorderly conduct and disturbing the peace, for that, on the 17th day of June, A. D., 1919, at Moville, in the county of Woodbury, state of Iowa, said defendant did unlawfully, willfully, and maliciously disturb the public peace, being intoxicated and running his pool hall while in that condition, and by loud and indecent language used and spoken in a public place, contrary to the statutes in such cases made and provided.”
It will be observed that the offense charged is an unlawful disturbance of the public peace by the defendant, by running his pool hall while in an intoxicated condition, and by loud and indecent language used and spoken in a public place, “contrary to the stahites in such case made and provided.” There is no reference therein to any town ordinance by name, number, or title, and the accusation made is of a violation of the statutes. On the trial below, there was offered in evidence byithe prosecution a record of the town of Moville, purporting to contain an ordinance which it was claimed had been violated by the defendant. The ordinance is entitled:
“Petty Offenses. An ordinance to provide for the public peace and good order of the town of Moville, Iowa.”
It contains several sections, purporting to make it unlawful: First, to give a false alarm of fire; second, to refuse to assist the town marshal, when lawfully required by peace officers; third, to resist any officer in the discharge of his duty, or to rescue from the custody' of an officer any person under arrest;
The record of the alleged enactment of this ordinance is somewhat confusing. It -\yould appear, however, that, on August 8, 1898, there was a meeting of the town council, at which the enactment of eight different ordinances was under consideration. These measures were put to vote separately,- and a record made of each vote in the minute book substantially as follows:
“On motion by [naming a member of the council], the ordinance providing for [naming the title] was adopted, as follows: Yeas, Bryant, Hall, Livermore, Smith, Dewey. Nays: none. ’ ’
In none of these entries does it appear that the ordinance was read on three different days, as provided by statute, or that the rule requiring such readings was suspended. It is evident, however, that this defect in the proceedings was discovered later, and was sought to be cured by another vote, which is recorded as follows:
“On motion of Bryant, the rules were suspended and the following ordinances were declared adopted: Bules and Order of Business; Petty Offenses; Public Morals and Decency, To Prevent Danger from Eabid Dogs; Public Morals and Decency, Providing for the Suppression of Bawdy Houses; Bemoval of Snow from Sidewalks; Nuisances, Abatement of Nuisances. Yeas, Dewey, Livermore, Smith, Bryant. Nays, none.”
In the ease before us, the city record discloses that there was no compliance with the statute requiring the separate reading of the measure on three different days, no suspension of the rules, no separate calling or recording of the yeas and nays upon its passage. What was done was simply an attempt to suspend the rules, and to bunch together eight different, unrelated measures, and to enact them into ordinances by a single vote. This, as we have seen, cannot be legally accomplished.
The trial court should have sustained the defendant’s objection to the ordinance.
This conclusion obviates the necessity of any discussion upon other assigned errors, and the judgment of the district court is reversed, without order for new trial. — Reversed.