Olson v. District Court (Dickinson County)

55 N.W.2d 339, 243 Iowa 1211, 1952 Iowa Sup. LEXIS 448
CourtSupreme Court of Iowa
DecidedOctober 1, 1952
Docket48219
StatusPublished
Cited by4 cases

This text of 55 N.W.2d 339 (Olson v. District Court (Dickinson County)) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Olson v. District Court (Dickinson County), 55 N.W.2d 339, 243 Iowa 1211, 1952 Iowa Sup. LEXIS 448 (iowa 1952).

Opinion

Oliver, J.

Iowa Great Lakes Sanitary District includes certain incorporated towns and unincorporated territory, all in Dickinson County. It was organized under chapter 162, Acts of the Fifty-first General Assembly (1945), entitled “AN Act to create sanitary districts and to provide for sewage disposal and providing for the government, operation and financing of such districts.” That Act, with some amendments, is now chapter 358, Code of Iowa 1950. The Code Editor placed it in Title XIV, entitled “County and Township Government.”

In July 1952 a petition of voters of this sanitary district *1213 was presented to Dickinson District Court, praying that the court order the question of the discontinuance of the drainage district submitted to its voters at the November 1952 election, under the provisions of section 362.11, Code of 1950, as amended. The court found the petition complied with Code section 362.11 but held section 362.11 was not applicable to this sanitary district, established under chapter 358. Hence, the district court denied the petition. This court ordered the issuance of a writ of certiorari to Dickinson District Court to review the proceeding.

Petitioners’ case is based upon language in section 362.11, Code of 1950, that voters of “a municipal corporation” may petition for an election upon “the question of discontinuing such corporation.” They contend the sanitary district, created by local election, with local self-government, control of its fiscal and other affairs, and with powers of legislation, general taxation, etc., is a municipal corporation.

Hanson v. City of Creseo, 132 Iowa 533, 537, 540, 109 N.W. 1109, 1111, which held a township although not a municipal corporation was a municipality within the purview of a certain statute, quoted from 1 Dillon, Municipal Corporations, 4th Ed., section 19, as follows:

“A municipal corporation, in its strict and proper sense, is the body politic and corporate constituted by the incorporation of the inhabitants of a city or town for the -purpose of local government thereof.”

The decision stated also:

“The term ‘municipal’ as used in defining a corporation, indicates by its historical meaning a corporation proper, as distinguished from a quasi corporation, and designates only cities and incorporated towns which have powers of local self-government, and, in strictness of meaning, would not include counties and school districts, although they are expressly declared by statute to be bodies corporate. But, in common speech, the term municipal corporation is used to include all public or political corporations having corporate powers.” (Citing authorities.)

*1214 The text in 37 Am. Jur., Municipal Corporations, section 3, page 620, states:

“In its primary sense, however, ‘municipal’ means ‘pertaining to a town or city or to its local government,’ and it is in this sense that it is used in the phrase ‘municipal corporation’.”

However, this discussion is not directly in point. The real question is the construction of the statute. Otherwise stated, it is whether the procedure provided by Code section 362.11 and related statutes is limited to cities and towns. The purpose of statutory construction is to ascertain and declare legislative intent as expressed in the statute. In construing an Act or connected statutes the sections thereof should be considered together in the light of their relation to the whole. City of Dubuque v. Meuser, 239 Iowa 446, 452, 31 N.W.2d 882.

Sections 362.11 to 362.18, Code of 1950, are grouped under the subtitle “Discontinuance.” This legislation originated in 1866 as chapter 142 of the Eleventh General Assembly, entitled “An Aot to authorize incorporated cities, towns and villages to discontinue their corporations.” Section 1 of the 1866 Act provides:

“That whenever one-fourth of the legal voters of any incorporated city, town, or village, in this State, shall petition the * * * Court * * * for the discontinuance of the same, it shall be the duty of each Judge to cause to be published * * * a notice stating that the question of discontinuing such incorporation shall be submitted to the legal voters of the same at the next annual city or incorporated election * #

Sections 2, 3, 4, 5, 6 and 7 of the 1866 Act provide for the form of ballot, majority required, payment of indebtedness, canvass of vote, deposit of books and records, notice of discontinuance, etc.

Section 1 of the original discontinuance Act of 1866 clearly shows it applies to incorporated cities, towns and villages only. That Act, with the word “village” omitted and other minor modifications, was adopted as sections 447 to 453, Code of Iowa, 1873, and was placed in chapter 10, entitled “Of Cities and Incorporated Towns” under the subheading “Discontinuance.” *1215 The next official Code was the -Code of 1897, in which the discontinuance Act was re-enacted in substantially the same form as sections 604 to 609. The legislature placed those sections in chapter 1 “Of Incorporation” of Title V entitled “Of City and Town Government.” Section 604 states in part:. '■

“Upon a petition of voters equaling twenty-five per cent, of the number voting at the last preceding municipal election, petitioning the district court of the county wherein such corporation is situated for the discontinuance of the same, the court shall, thirty days next prior to the next annual corporation election, cause notice to be given that the question of discontinuing such corporation will be submitted to the legal voters of the same at the next annual corporation election, by publication at least once a week in a newspaper, if any, published within the limits of such city or town * * *. * * * the clerk of the city or town shall cause the ballots to be printed *

The Act was carried into the Compiled Code of 1919. Sections 3473 to 3478 of that Code are the same as sections 604 to 609,- Code of 1897.

In 1924 the Fortieth General Assembly, Extra Session, revised the Code and the “Discontinuance” legislation was reenacted as sections 5598 to 5604, Code of 1924. These sections were placed in chapter 286, Incorporation, Title XV, City and Town Government. ■

Section 5598 provides:

“Upon a petition of the voters equaling twenty-five per cent of the number voting at the last preceding municipal election, to the district court of the county wherein a municipal corporation is situated, for the discontinuance of the same, ^the court shall, thirty days prior to the next regular city or town election, cause notice to be given * * * in a newspaper published in said city or town; if none be so published, then in one published in the county or counties in which said city or town is situated * * *. The clerk of the city or town shall cause the proposition to be printed on the ballots.”

Sections 5599 to 5604, Code of 1924, are practically the same as sections 605 to 609, Code of 1897. Section 5599 refers to *1216 canvass of tbe vote, etc.

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Bluebook (online)
55 N.W.2d 339, 243 Iowa 1211, 1952 Iowa Sup. LEXIS 448, Counsel Stack Legal Research, https://law.counselstack.com/opinion/olson-v-district-court-dickinson-county-iowa-1952.