Packard v. Schmidt

• Decision Date: 11 April 1900
• Citation: Packard v. Schmidt, 110 Iowa 628, 82 N.W. 327 (Iowa 1900)
• Parties: J. G. PACKARD and C. D. MILLS, Partners, Appellees, v. C. A. SNYDER and W. H. HURD, Partners, Appellees, and JACOB G. SCHMIDT and E. DUKE, NAVEN, Appellants
• Court: Iowa Supreme Court

82 N.W. 327

110 Iowa 628

J. G. PACKARD and C. D. MILLS, Partners, Appellees, v. C. A. SNYDER and W. H. HURD, Partners, Appellees, and JACOB G. SCHMIDT and E. DUKE, NAVEN, Appellants

Supreme Court of Iowa, Des Moines

April 11, 1900

Appeal from Blackhawk District Court.--HON. A. S. BLAIR, Judge.

THIS is a contest over the selection of "official newspapers" for the county of Blackhawk for the year 1899.The firm of Packard & Mills appealed from the order made by the board of supervisors.E. Duke Naven and Jacob Schmidt join in this appeal from the judgment of the district court.

Affirmed.

Sherman T. Mears and Burns & Stewart for appellants.

J. C Scott for appelleesPackard & Mills.

Alfred Grundy for appelleesSnyder & Hurd.

OPINION

GIVEN, J.

I.

Section 441 of the Code, as applied to Blackhawk county, it having a population of over seventeen thousand, required the board of supervisor to select "three papers, not more than two of which shall be published in the same town."Said section, after providing how, in case of contest, the applicants shall prove the number of their bona fide yearly subscribers living within the county, provides as follows: "And the 2 [in this case 3 ] applicants thus showing the greatest number of bona fide yearly subscribers living within the county shall be the county official papers."The firm of Packard & Mills were publishers of the Globe in Cedar Falls, a newspaper having a bona fide yearly subscription of 956.The firm of Snyder & Hurd were publishers at Cedar Falls of the Cedar Falls Gazette, having a bona fide yearly subscription of 1,036.Jacob G. Schmidt was a publisher at Waterloo of Derr Deutsch-Amerikaner published in the German language, and having a circulation of five hundred.E. Duke Naven was the publisher at Laporte City of the Laporte Progress-Review, having a circulation of five hundred and forty-four.Mr. Schmidt and Mr. Naven joined in an application to the board that their two papers be selected as one of the official newspapers of the county.The board of supervisors made selections as follows: "Resolved, that the Waterloo Courier and the Cedar Falls Gazette are hereby selected as the two official newspapers of Blackhawk county and resolved, that the Deutsch-Amerikaner and Laporte Progress-Review be selected as the third official newspaper of said Blackhawk county(they to receive the minimum amount allowed by law for one newspaper, to be divided between them equally), each of which shall print all the proceedings of the board of supervisors, as provided by section 441 of the Code."The district court found that "the Cedar Falls Gazette and the Globe--both of Cedar Falls--have the second and third largest number of bona fide yearly subscribers within the county, and, it being...