Supreme Court of Iowa

“ But a mandamus will not lie, in Iowa, to a judge, to compel him to sign a bill of exceptions. This writ issues only when there is no other adequate remedy. By the laws of Iowa of 1839, already quoted, if the judge refuses to sign a bill of exceptions, the by-standers may do it; and if the judge refuse to allow it, when signed by them, to be placed on the record, the Supreme Court, on affidavit, admits it to the record. No mandamus can issue in Iowa in such a case; the legislature have provided a party another remedy. ”

“ Paul, the Chicago, Rock Island & Pacific Railroad Company and the Burlington, Cedar Rapids & Northern applied to and obtained from Judge Fairall, of Iowa City, district judge of Johnson county, an injunction against the Railroad Commissioners to the same effect as that issued by Justice Brewer. I appeared with Mr. Lain before the district court and argued a motion to dissolve this injunction before Judge Fairall, which was refused, and from his order refusing to dissolve the injunction we at once took an appeal to the supreme court of Iowa. ”

“ Following our affirmance by necessity of the decision of the Iowa Supreme Court, a petition was filed for a rehearing before a full Court. In our consideration of this petition our attention has now been focused upon an Iowa statute enacted since the commencement of this litigation. Though it was in existence at the time the case first came here, it was then not seen in proper focus because blanketed by the issues of 'state action' and constitutional power for which our interest was enlisted. This Iowa statute bars the ultimate question presented in this case from again arising in that State. ”

“ The police power of a state is as broad and plenary as its taxing power, and property within the state is subject to the operations of the former so long as it is within the regulating restrictions of the later. The judgment of the supreme court of Iowa is affirmed. ”

“ For we cannot tell what it requires until the Iowa Supreme Court tells us what it requires. And an adjudication of thatissue can be readily secured if the applicant will proceed along the easy path provided by Iowa for obtaining such an adjudication.' 151 F.2d 20. Even we cannot construe the requirements of Iowa law in the absence of a determination by the Iowa Supreme Court. And in much more conventional types of litigation we have evolved the procedure whereby federal litigation is stayed until the State law is authoritatively determined by a State court. E.g., Railroad Commission v. ”

“ No distinction can be drawn between the application of the rule to the cases mentioned in section 2716 and that specified in section 2715; and upon such a question we feel bound to adopt the construction of the state Code which has been established by the decisions of the supreme court of Iowa. ”

“ He died at Washington on the 13th of October, 1890, after serving twenty-eight years in the Supreme Court. Funeral services were held in the Supreme Court room in the presence of the highest officials of the Government. Iowa has never given a greater man to the public service. ”

“ R. C. Rock, one of the earliest of the pioneers, is still living in a serene and vigorous old age. She is a relative of Judge Greene, and came west to Dubuque in 1849 at his request to assist him in getting out his first volume of Iowa Reports, which was printed in New York. She later came to Cedar Rapids with the judge and assisted materially in getting ready for the press and in proof reading the matter for the other volumes of his Reports. The members of the supreme court would frequently gather in Cedar Rapids in chambers to prepare their opinions and to O. K. them for publication. ”

“ After receiving an academic education, he studied law and settled in Marysville, Ohio, where he was admitted to the bar in 1837. In 1839 he removed to Mount Vernon, Ohio, practising law there till 1844, and then removed to Lee county, Iowa. He became secretary of the legislative council for Iowa territory, and also district attorney, and on the admission of Iowa as a state was appointed a judge of the supreme court, holding this office two years, after which he was elected to the same office by the legislature for a term of six years. ”

“ Insofar as appellants seek to justify the exercise of our declaratory power by the threat of prosecution, facts which they can no more negative by complaint and demurrer than they could by stipulation preclude our determining their appeals on the merits. Cf. Bartemeyer v. State of Iowa, 18 Wall. 129, 134-135, 21 L.Ed. 929. It is clear that the mere existence of a state penal statute would constitute insufficient grounds to support a federal court's adjudication of its constitutionality in proceedings brought against the State's prosecuting officials if real threat of enforcement is wanting. ”

“ It is true that in Iowa the supreme court hears equity cases on appeal de novo, and the successful party is entitled to a decree in that court, if he moves for it (First Nat. Bank v. Baker, 60 Iowa, 132, 14 N. W. 125) , but in the present case no such decree was applied for or rendered. Nor did the supreme court direct the court below to dismiss plaintiff's petition, or in terms direct the specific decree to be entered. ”

“ By these decisions the Supreme Court of the State has established a rule of property in the State of Iowa which is inding on this and other courts of the United States. Jackson v. Chew, 12 Wheat. 153; Beauregard v. ”

“ Iowa ex rel Iowa Department of Natural Resources 540 U.S. 1069 (2003) Meade v. Miller Successor Personal Representative of the Estate of Meade Deceased 540 U.S. 1069 (2003) Bowersock v. Bowersock 540 U.S. 1069 (2003) Blackman v. City of Dallas Texas 540 U.S. 1069 (2003) Selvera v. Frio County Texas 826 540 U.S. 1069 (2003) Moore v. Dretke Director Texas Department of Criminal Justice Correctional Institutions Division 540 U.S. 1069 (2003) Woodford Warden v. ”

“ Independent School-Dist Ackley Hardin County Iowa v. Hall 106 U.S. 429 (1882) Grant v. Phoenix Mutual Life Insurance Company 106 U.S. 432 (1882) Bolles Wooden Ware Co v. United States 106 U.S. 437 (1882) Minturn v. United States 106 U.S. 445 (1882) Dodge v. Freedman's Savings Trust Company 106 U.S. 447 (1882) Steel v. St. ”

“ The Evarts indemnity bill was presented as a substitute for the bill which was passed and vetoed, but it was not adopted.
After Harrison became President, Attorney-General Miller was instructed to begin a suit, such as was contemplated by the act which was vetoed. The case was brought in the United States Circuit Court for the Northern District of Iowa and was tried at Fort Dodge before Judge Shiras. The suit was entitled “United States of America vs. Des Moines Navigation and Railroad Company, et al.” ”

“ It seemed incredible that the highest court of the country would utterly ignore the rights of bona fide settlers which Congress, the Iowa Legislature and the United States Land Office, Secretary of the Interior, United States Attorney-General and the President, had sought to protect in their homes by every official act in their power. ”

“ The statute of Iowa provides that "any white male person, twenty-one years of age, who is an inhabitant of this State," and who satisfies the court, "that he possesses the requisite learning, and that he is of good moral character, may, by such court, be licensed to practice in all the courts of the State, upon taking the usual oath of office." ”

“ The learned counsel for the plaintiffs in error have referred to a statute of Iowa as regulating the practice in this class of cases. It is proper to remark that the provisions of that statute not having been adopted by a rule of the Circuit Court for that district, could have no effect in this proceeding. ”

“ On the rapids selected by the commissioners, and on Brown's line, the bill of complaint of the State of Missouri is altogether founded; and if she fails in establishing the proper place of beginning, she has no case, and must go out of court as a complainant, and can have no relief further than an injunction to restrain Iowa from obtruding on her jurisdiction south of the true line, wherever it may be found, should Iowar attempt to go south of such line. ”

“ Cutts met the ablest attorneys in the country, who had been employed by the combined railroad interests, and won a victory of great magnitude in its far reaching effects. It was regarded as one of the most important decisions ever rendered by a court in which the interests of the people came in conflict with those of corporations. It was hailed by the people of Iowa and the country in general with great satisfaction. The issues involved reached deeply the material prosperity of every farmer in the State for all time to come. ”

“ Judicial power to determine the question in a case brought under a state statute is in no way inferior or subordinate to the same power in a case brought under the federal act.
The Iowa proceeding was brought and determined upon the theory that Hope was engaged in intrastate commerce; the Minnesota action was brought and determined upon the opposite theory that he was engaged in interstate commerce. The point at issue was the same. That the Iowa court had jurisdiction to entertain the proceeding and decide the question under the state statute, cannot be doubted. ”

“ The act of Assembly of Iowa regulating the practice of their courts provides, that 'if during the progress of any trial in any civil cause, either party shall allege an exception to the opinion of the court, and reduce the same to writing, it shall be the duty of the judge to allow said exceptions, and to sign and seal the same; and the said bill of exceptions shall thereupon become a part of the record of such cause ”