Cain v. City of Des Moines

• Decision Date: 01 May 1899
• Docket Number: No. 238,238
• Citation: 43 L.Ed. 936,174 U.S. 168,19 S.Ct. 644
• Parties: McCAIN et al. v. CITY OF DES MOINES et al
• Court: U.S. Supreme Court

174 U.S. 168

19 S.Ct. 644

43 L.Ed. 936

McCAIN et al.

v CITY OF DES MOINES et al.

No. 238.

May 1, 1899.

The bill in this case is filed against the city of Des Moines, its board of public works, the Des Moines Brick-Manufacturing Company, and the incorporated town of Greenwood Park, to obtain an injunction restraining, among other things, the city of Des Moines and its officers and agents from exercising over the territory of the incorporated town of Greenwood Park any function of municipal government for the purpose of taxation, or for works of internal improvements or otherwise, and for other relief.

The bill makes the following allegations: The complainants own in severalty lands within the incorporated town of Greenwood Park, and the lands so owned by each of the complainants are worth more than $2,000. Adjoining the town is the city of Des Moines, a municipal corporation created under the laws of the state of Iowa. In 1890 the legislature passed an act purporting to extend the limits of the city of Des Moines so as to include therein the town above named. The constitution of the state prohibits the passing of special acts for the incorporation of cities. The act of 1890 was a special act incorporating a city, and therefore prohibited by the constitution, and, as a consequence, entirely void. The incorporated town has never been dissolved, and is entitled to exercise all the functions of government and taxation, but it has ceased to exercise them over the territory. That, notwithstanding the act of 1890 is wholly void, and of no effect, the defendant the city of Des Moines pretended and undertook to exercise the functions of government and the power of taxation over the territory of Greenwood Park. That the only warrant for the city to act in the premises is the void act of the legislature of 1890, and the city is assuming to levy assessments, and to exercise the power of taxation, and to perform all the other functions of municipal government under that act. That the suit herein is one of a civil nature, arising under the laws and constitution of the United States, and the sum in controversy exceeds $2,000. It appears on the face of the bill that all the parties are citizens of the state of Iowa.

The bill further alleges that the city made a contract with the defendant the Des Moines Brick-Manufacturing Company to pave a public highway in the town, the expense of which was to be assessed upon the property abutting thereon, including the lands of the complainants, and the work was all done under color of the act mentioned, and that it was all illegal for want of authority; that at the time of the passage of the act and the taking of jurisdiction by the city the town was exciusively an agricultural community, and there was no advantage in or necessity for the annexation of the town to the city of Des Moines, and none of the land in the town had been plotted into lots by laying out streets or alleys therein, and the highways within it were under the control and jurisdiction of the officers of Polk county; and that to subject the lands of complainants or the other lands within the town to the taxes and assessments threatened by the city of Des Moines is to take their property under color of authority from the void act of 1890, and contrary to the amendment of the constitution of the United States (article 14, § 1).

Further allegations were made, not material to be stated.

In addition to asking for an injunction to restrain the city of Des Moines from exercising jurisdiction over the town of Greenwood Park, the complainants ask that the town 'be enjoined to exercise for its own future benefits under the statutes of Iowa all functions of municipal government and taxation and works of internal improvement in the same manner and to the same extent as the said functions have been exercised by said defendant prior to March 3, 1890.' The bill further prayed that the city and the board of public works should be enjoined from making any levy upon the property of the complainants to pay the expense of paving the highway, and that the city be restrained from issuing to the Des Moines Brick-Manufacturing Company any assessment certificates on account of paving, and for other relief.

The defendant the Des Moines Brick-Manufacturing Company demurred to the bill on the ground, among others, that it appeared on the face of complainants' bill that all the parties to the suit were citizens of the state of Iowa, and that this suit does not involve any question arising under the constitution or laws of the United States, and therefore the circuit court had no jurisdiction in the case.

The circuit court sustained the demurrer on the ground of want of jurisdiction, and, pursuant to section 5 of the act of 1891, organizing the circuit courts of appeals (26 Stat. 826), it has certified the question of jurisdiction alone for decision by this court.

The opinion of the district judge in dismissing the bill is reported in 84 Fed. 726.

Wm. E. Mason, for appellants.

N. T. Guernsey, for appellees.

Mr. Justice PECKHAM, after stating the facts, delivered the opinion of the court.

The jurisdiction of the circuit court depends upon the act approved August 13, 1888 (25 Stat. 433), a part of which reads as follows: 'That the circuit courts of the United States shall have original cognizance, concurrent with the courts of the several states, of all suits of a civil nature at common law or in equity, * * * arising under the constitution or laws of the United States. * * *'

As it appears upon the face of the bill that all the parties are citizens of Iowa, the circuit court had no jurisdiction on the ground of diverse citizenship.

Is the suit one arising under the constitution or laws of the United States? As was said in the court below, the material question is whether the exercise of jurisdiction by the city of Des Moines over the territory purporting to be annexed by the act of 1890 is lawful. To answer that question, it is necessary only to refer to the constitution and law of the state of Iowa.

The supreme court of the state decided in State v. City of Des Moines, 96 Iowa, 521, 65 N. W. 818, that the act of 1890 was void, because it violated the constitutional provision in regard to special legislation. That was an action of quo warranto, brought to test the right of the defendant city to exercise corporate authority over the added territory under the act of 1890. From the report of the facts in that case it appears that the city was by that act extended 2 1/2 miles in each direction from its then present boundary, and it was provided by the same act that the corporate character of any annexed territory within the extended boundaries should cease and determine upon the passage of the act. Other sections of the act provided for the payment of the indebtedness of the city so enlarged, and of the indebtedness of the cities within the annexed territory, and for the exemption from taxation for any city purpose of lands included within the extended limits which had not been laid off into lots of 10 acres or less, or which should not subsequently be divided into parcels of 10 acres or less by the extension of streets and alleys or otherwise, and also of lands occupied and used in good faith for agricultural or horticultural purposes; for the reorganization of the wards of the cities, and for elections therein. It appeared from the census of 1885 that only the city of Des Moines was affected by the act of 1890, and that in the added territory were one city and seven incorporated towns. The provisions of the act by which the municipal governments, other than the city of Des Moines, were to become extinct, and the entire territory to become one corporation and municipality, were observed, so that in April, 1890, the change was complete, since which time the city of Des Moines has been thus constituted, and has exercised throughout the territory the rights and functions of a city government, including the levy and collection of taxes, establishing, opening, vacating, changing, and improving streets, the making of contracts, and the creating and payment of debts.

These details, while appearing in the report in 96 Iowa, 65 N. W., are not set up in the complainants' bill, but their substance is shown in the allegations therein made, that the town has ceased to exercise all the functions of government and taxation, and the city of Des Moines and the board of public works are themselves exercising the functions of government over the town territory.

After the court in the quo warranto case had determined that the act was local legislation, and of that class prohibited by the constitution, and therefore void, the opinion therein continues as follows:

'It is next to be determined whether or not, with the law giving rise to the annexation absolutely void, the legality of the present city organization can be sustained under the rule of extoppel or laches. On this branch of the case a large number of authorities have been cited, and the newness of the question, as well as the great interests involved, make it one of great importance. The foundation for the application of the doctrine of estoppel is the consequence to result from a judgment denying to the city of Des Moines municipal authority over the territory annexed after the lapse of four years, during which time such authority has been exercised, and the changed conditions involving extensive public and private interests. It will be remembered that the act of annexation resulted in the abandonment of eight municipal governments, which, before the annexation, were independent, and bringing them under the single government of the city of Des Moines. This involved a vacation of all offices in the city and towns annexed, and the delivery of all public records and property to the officers chosen for the city so enlarged. For four years taxes have been levied, collected, and expended under...