Misplaced Pages

John Forrest Dillon

Article snapshot taken from Wikipedia with creative commons attribution-sharealike license. Give it a read and then ask your questions in the chat. We can research this topic together.

John Forrest Dillon (December 25, 1831 – May 6, 1914) was an American attorney in Iowa and New York , a justice of the Iowa Supreme Court and a United States circuit judge of the United States Circuit Court for the Eighth Circuit . He authored a highly influential treatise on the power of states over municipal governments .

#121878

21-650: Born on December 25, 1831, in Northampton , (then part of Montgomery County , now part of Fulton County ), New York , Dillon received a Doctor of Medicine in 1850 from the University of Iowa . He read law in 1852. He entered private practice in Davenport , Iowa from 1852 to 1853. He was county attorney for Scott County , Iowa from 1853 to 1858. He was a Judge of the Iowa District Court for

42-436: A household in the town was $ 37,420, and the median income for a family was $ 44,896. Males had a median income of $ 32,900 versus $ 20,938 for females. The per capita income for the town was $ 18,997. About 6.2% of families and 11.0% of the population were below the poverty line , including 16.9% of those under age 18 and 7.4% of those age 65 or over. Hunter v. Pittsburgh Hunter v. Pittsburgh , 207 U.S. 161 (1907),

63-560: A lawyer in Iowa and a Master of Chancery in federal court. John F. Dillon's sister married John B. Jordan, a merchant. That marriage produced a daughter, Jennie, who married Louis Stengel. Louis and Jennie Stengel were the parents of Casey Stengel , who had a long career as a baseball player and manager. The theory of state preeminence over local governments was expressed as Dillon's Rule in an 1868 case: "Municipal corporations owe their origin to, and derive their powers and rights wholly from,

84-520: A municipality's existence. This formulation of the scope of municipal power came to be known as "Dillon's Rule." The Supreme Court of the United States cited Municipal Corporations and fully adopted Dillon's emphasis on state power over municipalities in Hunter v. Pittsburgh , which upheld the power of Pennsylvania to consolidate the city of Allegheny into the city of Pittsburgh , despite

105-538: Is a town in Fulton County , New York , United States. The population was 2,670 at the 2010 census. The name comes from an original land patent. Northampton is in the northeastern corner of the county and is northeast of Gloversville . The town is known for the village of Northville , a major Adirondack community; and the Great Sacandaga Lake , which composes around 40% of the town. The town

126-511: Is a landmark case that confirmed the supreme sovereignty of a state over its municipalities. In 1906, Pennsylvania passed a law permitting the joining of adjacent municipalities if, during an election regarding the issue, the majority of all votes passed approve the union. Subsequently, the City of Pittsburgh filed in state court to begin the process of an election regarding joining with the City of Allegheny, Pennsylvania . Allegheny pushed back but

147-421: Is a matter of absolute right; and the state cannot take it away". In Municipal Corporations (1872), Dillon contended that in contrast to the powers of states, which are unlimited but for express restrictions under the state or federal constitution, municipalities only have the powers that are expressly granted to them by the state, any power necessarily implied by an express power, and those powers essential to

168-647: Is derived from the Northampton Patent of 1741. and was formed from part of the northern part of the town of Broadalbin in 1799. In 1930, the Sacandaga Reservoir was created, submerging some of what was once dry land and swamp area beneath the surface of the lake. According to the United States Census Bureau , the town has a total area of 34.7 square miles (89.9 km ), of which 21.1 square miles (54.7 km )

189-625: Is land and 13.6 square miles (35.3 km ), or 39.20%, is water. The northern town line is the border of Hamilton County , and the eastern town line is the border of Saratoga County . The northwestern end of Great Sacandaga Lake (formerly called the Great Sacandaga Reservoir) is in the town, where the Sacandaga River enters the lake at the village of Northville . When the Great Sacandaga Lake

210-748: The United States Constitution 's Contract Clause (Article 1, Section 10, Paragraph 1) and the Due Process Clause of the Fourteenth Amendment. The United States Supreme Court unanimously ruled that the Pennsylvania law violated neither Article I nor the Fourteenth Amendment of the Constitution. Some important lines from the opinion concerning the supremacy of states over the municipalities include

231-843: The Seventh Judicial District from 1858 to 1862. He was a justice of the Iowa Supreme Court from 1862 to 1868. Dillon was nominated by President Ulysses S. Grant on December 9, 1869, to the United States Circuit Court for the Eighth Circuit , to a new seat authorized by 16 Stat. 44. He was confirmed by the United States Senate on December 22, 1869, and received his commission the same day. His service terminated on September 1, 1879, due to his resignation. While on

SECTION 10

#1732793686122

252-638: The federal bench, Dillon was a professor of law for Columbia University from 1879 to 1882. He resumed private practice in New York City , New York from 1882 to 1914. He was the Storrs professor of law at Yale University from 1891 to 1892, during which time he wrote The Laws and Jurisprudence of England and America: Being a Series of Lectures Delivered Before Yale University. He died on May 6, 1914, in New York City. A memorial fountain to Dillon

273-494: The federal bench, Dillon wrote Municipal Corporations (1872), one of the earliest systematic studies of the subject. He also authored Removal of Cases from State Courts to Federal Courts and Municipal Bonds , both in 1876. On February 17, 1876, during the Whiskey Ring graft prosecutions, Justice Dillon ruled Ulysses S. Grant 's deposition for Orville E. Babcock was admissible in court. Following his resignation from

294-485: The legislature. It breathes into them the breath of life, without which they cannot exist. As it creates, so may it destroy. If it may destroy, it may abridge and control". By contrast, the Cooley Doctrine , or the doctrine of home rule , expressed the theory of an inherent right to local self-determination . In a concurring opinion, Michigan Supreme Court Judge Thomas M. Cooley in 1871 stated, "local government

315-499: The objections of a majority of Allegheny's residents. The Court's ruling that states could alter or abolish at will the charters of municipal corporations without infringing upon contract rights relied upon Dillon's distinction between public, municipal corporations and private ones. However, the Court did not prevent states from passing legislation or amending their constitutions to explicitly allow home rule. This constitutional allowance

336-543: The town was 98.26% White , 0.33% African American , 0.07% Native American , 0.29% Asian , 0.25% from other races , and 0.80% from two or more races. Hispanic or Latino of any race were 1.09% of the population. There were 1,163 households, out of which 25.5% had children under the age of 18 living with them, 54.1% were married couples living together, 8.3% had a female householder with no husband present, and 32.7% were non-families. 26.7% of all households were made up of individuals, and 13.5% had someone living alone who

357-452: Was 65 years of age or older. The average household size was 2.37 and the average family size was 2.85. In the town, the population was spread out, with 21.8% under the age of 18, 7.3% from 18 to 24, 25.0% from 25 to 44, 28.1% from 45 to 64, and 17.8% who were 65 years of age or older. The median age was 42 years. For every 100 females, there were 100.1 males. For every 100 females age 18 and over, there were 96.5 males. The median income for

378-569: Was erected in downtown Davenport in 1918, carved of Indiana limestone in Romanesque style, by sculptor Harry Liva. In 1853, Dillon married Anna Margery Price (born June 19, 1835). They had two sons and a daughter. Anna and their daughter, Mrs. Annie Dillon Oliver, died in the sinking of the French ocean liner La Bourgogne in July 1898. Dillon's oldest son, Hiram Price Dillon (1855–1918), became

399-585: Was formed, several island were created. The town is cut into three parts on account of the lake. Northampton lies within the Adirondack Park . New York State Route 30 is a north–south highway passing through the town. As of the census of 2000, there were 2,760 people, 1,163 households, and 782 families residing in the town. The population density was 131.1 inhabitants per square mile (50.6/km ). There were 1,962 housing units at an average density of 93.2 per square mile (36.0/km ). The racial makeup of

420-605: Was reiterated in Trenton v. New Jersey , where the Supreme Court held that "In the absence of state constitutional provisions safeguarding it to them, municipalities have no inherent right of self-government which is beyond the legislative control of the state, but are merely departments of the state, with powers and privileges such as the state has seen fit to grant, held and exercised subject to its sovereign will". Northampton, Fulton County, New York Northampton

441-491: Was turned down in court. The election was allowed to continue, and a majority of all voters in the two cities combined voted for joining. The vast majority of voters in Allegheny voted in opposition, and most of the votes in favor came from Pittsburgh. However, because the majority of the total votes were in favor, the Supreme Court of Pennsylvania ruled the union constitutional under Pennsylvania law. Plaintiffs appealed under

SECTION 20

#1732793686122
#121878