The Davenport gazette. [volume] (Davenport, Scott Co., Iowa) 1841-185?, 1851-08-21
For The Gazetle-l

Road Work, and Road Iares IN inc Guy
of Dareapou--the Chy's rights.
Mr.. Epi.oR:- The city fathers ! am IN
formed have in their legislation come e
The conclusion adverse 10 the interests o.
said city, ia the disposition Of The Road Ian
IN real cAa,o in It's limits. As the city
will need all the means to be raised under
sa,r road laws md even mere To Tx oai
thnrouohtares, il would be as well for our
citizens to fully understand those rights.
for one am Of the opinion that the
County Supervisor Of Scott county IN hls
official capacity, has no jurisdiction Within
our city limits. Now why
The charter Of the city provides as fol
lnws:-
Section /. The inhabitants Of the city Of DAY.
export are hereby exempted from working on any
road beyond the limits OF the city, and from pay
ing any tax to procure laborers TO work upon the
same, and said city Is hereby constituted a road
district, with powers conferred on any one OF
more street commissioners as the city council
may appoint or provide for the election Of a are
now conferred under the laws Of the state Of To-
wa upon supervisors OF roads and highways and
the said city council shall have the same autiori-
II TO provide for work in the corporate limits oil
said city. on the streets, lanes. alless, public
grounds, alaryes, ndines, avenues and Ugh
ways as are now b. law or hereafter may be con-
Tered on the several boards Of county commits
sioners OF such other tribunal as the state may
provide anil cohe with such authority, and they
shall provide Tor the collection and appropriation
Of such work BY ordinance.
This provision in the absence Of nnN
conflicting herewith in the Code gives
the city authorities exclusive Jurisdiction IN
II road matters; bat il IS said the Code
only confirms that right 50 far as day s.
works aud personal Tux is concerned e the
City Supervisor, from the following gen.
ernl provision in the Code;
Section 6l2 This chapter shall nat be 50 CON
stfued 10 interfere with In any waf affect the
rights of towns or cities Incorporated by act al
The general assembly. and in cases where saeh
towns or cities now constitute one road district
AMI are authorized By law.to elect or appoint the
supervisor thereof, he and not the supervisor Of
roads shall perform within said district The duties
and exercise the powers herein conferred uron
the supervisor Of roads 80 FIR AZ any portion of
The road lax levied IN such district MAJ be paYa
bic in labor.
Nov tie last act passed hy a legislative
body is the law, aad the last law passed re
psals all former laws where any conaiel
occurs without express words to hat effect.
This position believe will not be doubled
bg legal gentlemen, and not TINT the time 81
taking effect Of a law governs, Il this prin,
,iplo governs; then the city charter governs
where conflict occurs and NOT the Code.
or they both received The sanction Of the
Governor, and pafport TO have been passed
N the 9th Feb'y. 1881, See pamphlet,
,cls Of last session, page 233 The chr.
.er when Published and distributed ii D,s.
IMPORT, which was done on the 9Th Of
Feb'y. 1851. Sec your paper ofihal date
md the Banner Of a later date.
Now If neither the "Cede" or city char.
Ter has priority ol each other, then MS con.
Germs the genera! road laws Of Iowa they
ire enc aci, and must If possible bc con-
.trued that al Pnrts viii mean something
md this construction can and must DO pnl
upon sections % and 20 page s Of "Code,"
which read as follows:
no
prior 10 the presen, session of the general assem-
bly,, and all public and special acts the subjects
whereof are revised in this code, or which are
'epngrani to the provisions thereof, are hereby
repealed, subject to the limitations aud with the
herein expressed
Sec. %. Local acts are no. repealed, unless il
BE herein so expressed, or unless the provisions
y this code are repugnant thereto.
Believing tina, !; is Of mach consequence
% us 10 secure this local right and jnrisdic,
ion, as our streets now show and will con
lnne to show, we should be slow 10 ahan
loning them. We us citizens exclusive Ct
his road tax bear as heavy burdens and
contribute as much 10 the support Of county
revenue. roads and otherwise as iH istico
should fall to our share, and for these rea-
sons let us, five are entitled to il; con.cnd
.or aud expend this tax within orr city lin
ts, no, doubling bu, that our County So
oervisor would cxpend il as judciousIy a.
any man above ground, and rs much t.
he general interests Of the people Of the
county. JUSTICE.