Town of Bloomfield v. Trimble

• Decision Date: 24 September 1880
• Citation: 54 Iowa 399,6 N.W. 586
• Parties: TOWN OF BLOOMFIELD v. TRIMBLE.
• Court: Iowa Supreme Court

54 Iowa 399

6 N.W. 586

TOWN OF BLOOMFIELD

v.TRIMBLE.

Supreme Court of Iowa.

Filed September 24, 1880.

Appeal from Davis district court.

The town of Bloomfield, having been regularly incorporated under the general incorporation laws of this state, enacted an ordinance as follows:

“Section 1. Be it ordained by the town council of the town of Bloomfield, that if any person shall be found in a state of intoxication he shall be deemed guilty of a misdemeanor, and the marshal may, without warrant, and it is hereby made his duty to, take such person into custody, and, if in a fit condition for trial, take him before the mayor; if not in a fit condition for trial, the marshal shall retain such person in the county jail until he is in a fit condition.” Another section of the ordinance provides the penalty imposed for drunkenness.

The defendant was arrested, and an information filed against him, charging him with being found in a state of intoxication, contrary to said ordinance. He was tried before the mayor of the town, and found guilty. An appeal was taken to the district court. The plea of not guilty, which had been interposed before the mayor, was, by leave of court, withdrawn, and the defendant demurred to the information. The demurrer was sustained, and the defendant was discharged. Plaintiff appeals.Traverse, Payne & Eichelberger, for appellant.

No appearance for appellee.

ROTHROCK, J.

1. It is said in argument that the district court sustained the demurrer upon the ground that the statute does not grant the power to municipal corporations to punish intoxication by ordinance. It is true the statute does not specifically provide that a municipal corporation may punish persons for intoxication or drunkenness. But there are many subjects of municipal control which are not expressed and particularly named in the sections of the Code conferring powers upon cities and towns. Section 456, after enumerating certain powers of the incorporation, such as the prevention of riots, noise, disturbance, disorderly assemblages, etc., provides that they shall have power “to preserve peace and order therein.” By section 482, municipal incorporations are empowered to make and publish ordinances not inconsistent with the laws of the state, “and such as shall seem necessary and proper to provide for the safety, preserve the health, promote the prosperity, improve the morals, order, comfort, and convenience of such corporation and the inhabitants thereof.”

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