The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1911-03-08

Judge Henry Bank in the district
court at Fort Madison today granted
The application for temporary in1lnc-
s,on restraining the county treasurer
rom collecting the bridge tax on prop
prtv in the city Of Keokuk. He filed
written opinion which is printed be-
low.
An order was made and entered en-
mining and restraining II. J. Kennedy
as treasurer. and Lee county, from de-
handing, receiving or collecting In
any way the tax now appearing on the
tax books of county levied On prop
erty within the city Of Keokuk for the
construction and repair of bridges.
This tax is of four mills
The bond was fixed at $1,000, which
was given by the city and James Cam
eron. 1t was signed by Judge VIM.
Logan and was filed in Keokuk this
afternoon. The temporary Injunction
il now in force and will remain SO I'M
til made permanent or dissolved upon
final hearing.
The opinion of Judge Bank is in
teresting, and is given in full as fol-
lows:
City of Keokuk, and Jnr.es Cameron,
Sr. Plaintiff vs. III. j. Kennedy, as
Treasurer of Lee county, Iowa, and
William Reimbold, his deputy and
Lee county, Iowa, Defendants
Section 1O56-a 35 of the Code pro-
vides, in effect, that in cities under
the commission form of government,
the city council shall have and pos
sess all executive, legislative and jul
dicial powers now had, possessed and
exercised by the city council in cities
of the first class, and cities acting un-
der special charter.
BY Section 1056--a 10, 1t is provided
that all laws governing cities of the
first clasl and not inconsistent with
the provisions of the commission plan,
and also sections 955, 956. 959, 1854,
$3.50, 1000. 1923 and 1858, of the Code,
now applicable to special charter cities
and not inconsistent with the provis-
ions of this act, shall apply to. and
govern cities organized under this act.
Also that all bylaws, ordinances and
resolutions, lawfully passed and In
force in such city under it's former or
ganization, shall remain in force until
altered or repealed by the council cleo
ted under the provisions of this act.
1t is claimed by council for the de-
PENDANT that the statutes referred to
In said section are inconsistent with
the laws which it is claimed are ap-
plicable to cities acting under the
commission plan, but it must be re-
membered that said section provides
that such laws, governing cities OF
the first class, and the sections re-
fered to, being sections 955, 956, $50,
s64. 9S9, 1000. 1923 end 1863 of the
Code, now applicable to special char
ter cities are only made applicable SO
lar as they are not inconsistent with
the provisions of the act providing for
city government under. the commission
plan, so that tho inconsistency pointed
out by counsel. if it exists, would simp-
~ result IN the TACT that they are not
applicable.
AS to the opinion of the supreme
court, reported in 1875 N. w, beginning
at page 800, it must in my opinion,
be held that the supreme court in that
case has determined the question now
IN dispute, not only by way of dictum
! put way Of decision. 1t would there
lore be improper for me to enter into
discussion OF my views on the ques-
lon submitted, or to state what
might conclude If the decision Of the
supreme Court had not been rendered
The supreme court, after quoting
Inc statutes, and placing certain con
structions upon them; say that the
council under the commission plan is
even all the power that is possessed
oy the council in all cities OF over