The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1909-11-23
BANK RULES in
FAVOR OF CITY
City Attorney Marshall Upheld in His
Demurrer to Important Para
graphs IN Amended
Petition.
NOT UNDER COMMISSION
In Quite Lengthy Opinion Judge II.
Bank Jr. Explains Situation
Major Collins Takes an
Appeal.
Court RuIinu.

Court Ruling.
Judge Bank, il. held that
keokuk is not under the commits
sio-l form of government at the
present time.
That if changes of faulty meth
DDS OF keeping the city books are
to be made, they should be
brought against the officers them
selves.
Plaintiff is not entitled to re-
lief If certain streets are permitted
to be blockaded, because it is not
shown that he suffers any indi-
vidual injury other than that OF
the general public.
Refused to override defendants
demurrer to plaintiffs petition to
enjoin city from longer delaying
the levy of taxes for year 1910.
Overruled the demurrer as to
plaintiffs petition to enjoin city
from paying sums to any League,
society or association.
w. B. Collins, plaintiff, gave
written notice Of appeal to the SUI
preme court.
Judge H. Bank, Jr., handed down a
wide sweeping decision in the case Of
w. B. Collins VS.. City of Keokuk,
holding that Keokuk is not living at
~, :, v,,.o,o~, y %;,,,1 ,,pda,. tho noYro mic
sion form of government and sus-
taining City Attorney Marshall's de-
murrer to the plaintiffs amended petit
ton as to paragraphs 8. 4, 5, Z, 8, and
8, and overruling it as to paragraphs
1, 2 and 6.
In quite lengthy opinion Judge
Bank gives his Interpretation of the
law, which proves quite interesting to
those who have been following the
movements Of Major Collins. The
Judge says:
What Code Provides.
sBy Section 1056-a17 it is provided
that cities may become organized as
a city under the: provisions Of the act
in question as hereinafter provided.
and then in the following section, viz:
Section 1056-a1S, it is provided how
such organization may be effected.
ut is claimed by the plaintiff that
the votes of the majority in this city
in favor Of the commission plan,- at
the election held. for that purpose. had
the effect to at once bring about a
change of government from the old to
the new plan.
tNow as construe the law, viz !:
Section 1056-a1S, the change of gov
eminent would not take. place at that
time. The provisions Of the section
referred to, as construe them, pro-
vide that the proposition to- be sub.
mitted to the electors or voters shall
be as follows shall the proposition
to organize the city under the COM
mission plan be adopted?" Now the
voters at said special election have
said Eyes, 1t shall be adopted.
The Real Question.
"The question was not, is it to be
adopted at once, but shall it be adopt
ed. Now Immediately after such prop
osition is adopted the effect is not to
change on that day the system OF gov
eminent, but the effect Of the vote on
the proposition is that the city shall
be organized under the new plan
meaning sometime in the future, and
the mayor must certify to the govern
or and to the secretary of state and to
the county auditor not that the city Is
organized under the new law, but thai
the proposition to do so has beer
adopted by majority OF the electors
Such organization under the new
plan is to take place in the future. de
pending upon circumstances, -e1thel
at the next regular election after sucf
proposition (viz: to organize the city
under the new plan was adopted, or
if such election is not held within Z
year, then within say seventy days
after the proposition to SO organize
was voted upon; and the organization
under the new plan would take place
after the commissioners had beer
elected and qualified. A proper con
struction Of the other sections bear
ing upon the subject is to the same
effect.
What Voters Have Determined.
THE result OF the election, in m.
Judgment, is that the voters have de
termined that the city shall become
organized under the new plan. 1t i
the expression Of the intention of thu
electors to that effect. The organiza
ton itself under the new plan canno
take place, in my Judgment, under TIL