State Ex Rel. Turner v. Iowa State Highway Commission

186 N.W.2d 141, 1971 Iowa Sup. LEXIS 774
CourtSupreme Court of Iowa
DecidedApril 9, 1971
Docket54152
StatusPublished
Cited by49 cases

This text of 186 N.W.2d 141 (State Ex Rel. Turner v. Iowa State Highway Commission) 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
State Ex Rel. Turner v. Iowa State Highway Commission, 186 N.W.2d 141, 1971 Iowa Sup. LEXIS 774 (iowa 1971).

Opinions

REES, Justice.

This is an action in equity brought by the State of Iowa on the relation of Richard C. Turner, its Attorney General, to enjoin the Highway Commission of the State of Iowa, the individual members thereof, and the Director of Highways, from removing to' other locations any of the resident engineers’ offices established by the highway commission. The relator Attorney General asserted in his petition the removal of presently established resident engineers’ offices would be in violation of section 5 of House File 823, chapter 30, First Session, Sixty-third General Assembly (1969).

Gene A. Schlaegel, a lawyer, realtor and taxpayer of Johnson County, Iowa, Clifton C. Lamborn, State Senator from the 19th District, resident of Maquoketa, and likewise a taxpayer, and Charles G. Mogged, then State Senator from the Second Senatorial District, filed petitions of intervention allying themselves with the plaintiff.

Plaintiff’s petition was filed on September 26, 1969, and on the same date an order was entered by the Honorable Wade Clarke, Judge of the Ninth Judicial District, directing the issuance out of the office of the clerk of the district court of Polk County of a temporary writ of injunction, enjoining and restraining the defendants from removing the “permanent resident engineers’ offices presently established by the Iowa State Highway Commission from their present location until further order of this Court.” The defendant subsequently filed motions to dismiss plaintiff’s petition, to dissolve the temporary injunction, or to modify the same, which came on for hearing on October 13, 1969, at which hearing evidence was taken, and on October 30, 1969 Judge Clarke overruled defendant’s motion to dismiss, and ordered that the writ of injunction theretofore issued should continue to be in full force and effect for the purpose expressed in the writ. On the same date the court overruled motions of the defendant to dismiss the petitions of intervention. Following such rulings, further [143]*143pleadings were filed and the issues were made up and the cause thereafter came on for trial and hearing before the Honorable Gibson C. Holliday, a Judge of the Ninth Judicial district. Evidence was introduced and on January 12, 1970 there was filed the court’s finding of fact, conclusions of law and decree in which the court ordered the temporary injunction theretofore issued on September 26, 1969 be made permanent, and that the defendants and each of them were permanently enjoined and restrained from removing the permanent resident engineers’ offices presently established by the Iowa State Highway Commission from their present locations. The court retained jurisdiction for the purpose of resolving questions which might later arise regarding the transfer of personnel or equipment from any of said offices or moving any of said offices within a particular city or town. A motion for clarification of the injunction was later filed by the defendants and an order clarifying the same in minor respects was subsequently entered by the court.

House File 823 of the Acts of the Sixty-third General Assembly is, or was, an appropriation measure. It provided for appropriations from the primary road fund to the state highway commission for each year of the biennium beginning July 1, 1969 and ending June 30, 1971 of funds for administration, support services, planning, development, headquarters operations, field operations, additional equipment and replacement equipment. Section 5 of House File 823 is as follows,

“Sec. 5. The permanent resident engineers’ offices presently established by the State Highway Commission shall not be moved from their locations; however, the commission may establish not more than two temporary resident engineers’ offices within the state as needed.”

After passage in both houses of the general assembly, the bill was submitted to the Governor for his approval or executive action. On June 20, 1969 the Governor transmitted to the Secretary of State the measure approving the same with the exception of item 5 above referred to. In the letter of transmittal to the Secretary of State, the Governor stated,

“House File 823 was approved June 20, 1969 with the following exception: “I am unable to approve item 5 designated as ‘Sec. S’ in the Act * * *. I hereby disapprove this item as provided for in the Amendment to the Constitution of the State of Iowa adopted in 1968.

“My action is based on the following: The function of the Highway Commission is to construct and maintain roads and highways in the State of Iowa in the most efficient and effective manner possible.

“Restricting the location or relocation of resident engineers’ offices will inhibit the commission’s efforts to operate at maximum efficiency.

“Mr. Joseph R. Coupal, director of highways, estimates that this restriction could cost the State of Iowa an estimated $100,-000 during the biennium.”

No endorsement of any kind was made on the bill itself when it was transmitted to the Secretary of State’s office by the Governor. It was the obvious intention of the Governor to exercise his power of item veto as to section 5 of House File 823, acting under the power and authority to veto the measure in part afforded the Governor by the so-called “item veto” amendment to the Constitution by vote of the electorate of the state at the general election in November of 1968. The constitutional amendment in question is amenda-tory to Article 3, Section 16, Constitution, and provides,

“The governor may approve appropriation bills in whole or in part, and may disapprove any item of any appropriation bill; and the part appoved shall become a law. Any item of an appropriation bill disapproved by the governor shall be returned, with his objections, to the house in which it originated, or shall be deposited by him [144]*144in the office of the secretary of state in the case of an appropriation bill submitted to the governor for his approval during the last three days of a session of the General Assembly, and the procedure in each case shall be the same as provided for other bills. Any such item of an appropriation bill may be enacted into law notwithstanding the governor’s objections, in the same manner as provided for other bills.”

It was established the measure — House File 823 — after passage by both houses of the General Assembly reached the Governor during the last three days of the first session of the Sixty-third General Assembly, and was then deposited with the Secretary of State with the letter from the Governor above referred to within 30 days of the adjournment of the Legislature.

The parties seem to be in agreement as to the exact issues before us, in that while they couch reference to the issues in different phraseology they seem to agree that the issues before the trial court made by motion, answer and reply, and which are raised by this appeal, are:

(1) Whether the court below had jurisdiction of the subject matter of an action instituted by the Attorney General of the state against the State Highway Commission, its commissioners and director, and of the intervenors on the side of the plaintiff ;

(2) Whether the Governor constitutionally exercised his item veto power over section 5 of House File 823 of the Acts of the Sixty-third General Assembly; and

(3) Whether section 5 of House File 823 of the Acts of the 63rd G.A. is constitutional.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

STATE EX REL. SMITH v. Martinez
2011 NMSC 043 (New Mexico Supreme Court, 2011)
Gertrude K. Godfrey Vs. State Of Iowa
Supreme Court of Iowa, 2008
Godfrey v. State
752 N.W.2d 413 (Supreme Court of Iowa, 2008)
Rants v. Vilsack
684 N.W.2d 193 (Supreme Court of Iowa, 2004)
Attorney General Opinion No.
Kansas Attorney General Reports, 2002
State Ex Rel. Miles v. Minar
540 N.W.2d 462 (Court of Appeals of Iowa, 1995)
Welsh v. Branstad
470 N.W.2d 644 (Supreme Court of Iowa, 1991)
Junkins v. Branstad
448 N.W.2d 480 (Supreme Court of Iowa, 1989)
Iowa Automobile Dealers Ass'n v. Iowa State Appeal Board
420 N.W.2d 460 (Supreme Court of Iowa, 1988)
Colton v. Branstad
372 N.W.2d 184 (Supreme Court of Iowa, 1985)
Rush v. Ray
362 N.W.2d 479 (Supreme Court of Iowa, 1985)
Karcher v. Kean
479 A.2d 403 (Supreme Court of New Jersey, 1984)
Smith v. Bd. of Sup'rs of Des Moines County
320 N.W.2d 589 (Supreme Court of Iowa, 1982)
Attorney Gen. v. ADMIN. JUSTICE, BOSTON MUN. CT. DEPT.
427 N.E.2d 735 (Massachusetts Supreme Judicial Court, 1981)
Opinion of the Justices to the House of Representatives
384 Mass. 820 (Massachusetts Supreme Judicial Court, 1981)
State Ex Rel. Link v. Olson
286 N.W.2d 262 (North Dakota Supreme Court, 1979)
Cenarrusa v. Andrus
582 P.2d 1082 (Idaho Supreme Court, 1978)

Cite This Page — Counsel Stack

Bluebook (online)
186 N.W.2d 141, 1971 Iowa Sup. LEXIS 774, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-turner-v-iowa-state-highway-commission-iowa-1971.