52 Mo. 513 (Mo. 1873), City of St. Louis v. Foster

CourtUnited States State Supreme Court of Missouri
Writing for the CourtWAGNER, Judge.
Citation52 Mo. 513
PartiesCITY OF ST. LOUIS, Respondent, v. DAVID FOSTER, Appellant.
DateInvalid date
Docket Number.

Page 513

52 Mo. 513 (Mo. 1873)

CITY OF ST. LOUIS, Respondent,

v.

DAVID FOSTER, Appellant.

Supreme Court of Missouri.

March Term, 1873

Appeal from St. Louis Criminal Court.

L. M. Shreve, for Appellant.

The ordinance was invalid, because it had no enacting clause. The book of ordinances, a revision, has but one ordinance properly enacted, whereas each ordinance must be for itself ordained. The ordinance was also invalid, because it had not been read in council three different days, and also because it was not printed and published as required by charter; nor was it admissible in evidence, not being certified by the register.

E. P. McCarty, for Respondent.

" Revised Ordinances 1871" constitute one ordinance at the beginning of which is the ordaining clause.

The provision for publication of ordinances is merely directory. Elmendorf vs. Mayor of New York, 25 Wend. 696.

The statute roll or authorized publication is conclusive in this action that this is the law. ( Pacific Railroad vs. The Governor, 23 Mo. 362; Treasurer of City of Camden vs. Mulford, 2 Dutch 49.)

It was not necessary that the copy of ordinance introduced in evidence should be certified by the city register.

OPINION

WAGNER, Judge.

The defendant was prosecuted for violating an ordinance of the City of St. Louis, prohibiting the setting up and keeping gaming tables and gambling devises. Upon the trial the defendant objected to the admission of the City ordinances in evidence, on the alleged ground, that they were invalid. The objection was overruled, and this constitutes the main error relied on.

It is first contended that the ordinance is void and of no effect, because the style or ordaining clause appear to have been omitted. The Charter requires, that the style of the ordinances passed by the City of St. Louis shall be.--" Be it ordained by the City Council of the City of St. Louis," but it is now here declared, that if this form is not pursued, the ordinances shall in consecquence thereof become void. This question has been considered by the Court at the present term in the case of the City of Cape Girardean vs. Riley et al., (52 Mo. 424) where in a Legislative Act, the constitutional requirement of an enacting clause was omitted, and we held, that the provision as to the style of laws was directory, and that a law passed with all the forms and solemnities prescribed by the constitution, would not be rendered invalid, because the style or enacting clause failed to appear in the act. That case is decisive of the point we are now considering; though as a fact the objection does not seem to be true, for the revision of the City of Ordinances digests them all into one, and it commences with the proper style.

The Charter further provides, that every ordinance shall be read on three different days of the stated session, at which, and before it was passed, and the objection was interposed to the reading of the ordinance, that this direction was not pursued. But notwithstanding this, the Court admitted it.

The law...

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60 practice notes
  • 75 N.W. 1116 (Minn. 1898), 11,047, Sjoberg v. Security Savings & Loan Association
    • United States
    • Supreme Court of Minnesota (US)
    • July 2, 1898
    ...does not render it invalid. McPherson v. Leonard, 29 Md. 377; City v. Riley, 52 Mo. 424; Swann v. Buck, 40 Miss. 268; City v. Foster, 52 Mo. 513; Seat of Government Case (dissenting opinion) 1 Wash. T. 124; Powell v. Jackson, 51 Mich. 129; Washington v. Page, 4 Cal. 388; Pierpont v. Crouch,......
  • 100 S.W. 651 (Mo. 1907), Metz v. Cape Girardeau Waterworks & Electric Light Company
    • United States
    • United States State Supreme Court of Missouri
    • March 19, 1907
    ...legislative power of the State, has the force of law within the limits of the city. Hayes v. Railroad, 111 U.S. 228; St. Louis v. Foster, 52 Mo. 513; Mason v. Shawneetown, 77 Ill. 533; Union Depot Company v. Railroad, 105 Mo. 562; Jackson v. Railroad, 118 Mo. 199; Kelley v. Railroad, 101 Mo......
  • 105 S.W. 675 (Mo.App. 1907), Cox v. William Mignery & Company
    • United States
    • Court of Appeal of Missouri (US)
    • November 4, 1907
    ...of the yeas and nays on the ordinance, if in fact the recording is required by charter, was at most only directory. St. Louis v. Foster, 52 Mo. 513. One part of the record may be aided or impeached by another part. Jester v. Spurgeon, 27 Mo.App. 479. (7) It has been held that where the ordi......
  • 116 S.W. 1099 (Mo. 1909), The State ex rel. City of Carthage v. Gordon
    • United States
    • United States State Supreme Court of Missouri
    • March 9, 1909
    ...is contained therein has the full force of a legislative enactment. State ex rel. v. Telephone Co., 189 Mo. 99; St. Louis v. Foster, 52 Mo. 513; Railroad v. Railroad, 105 Mo. 562; Jackson v. Railroad, 118 Mo. 199. (b) The Legislature has said the council shall have no power to submit a prop......
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57 cases
  • 75 N.W. 1116 (Minn. 1898), 11,047, Sjoberg v. Security Savings & Loan Association
    • United States
    • Supreme Court of Minnesota (US)
    • July 2, 1898
    ...does not render it invalid. McPherson v. Leonard, 29 Md. 377; City v. Riley, 52 Mo. 424; Swann v. Buck, 40 Miss. 268; City v. Foster, 52 Mo. 513; Seat of Government Case (dissenting opinion) 1 Wash. T. 124; Powell v. Jackson, 51 Mich. 129; Washington v. Page, 4 Cal. 388; Pierpont v. Crouch,......
  • 100 S.W. 651 (Mo. 1907), Metz v. Cape Girardeau Waterworks & Electric Light Company
    • United States
    • United States State Supreme Court of Missouri
    • March 19, 1907
    ...legislative power of the State, has the force of law within the limits of the city. Hayes v. Railroad, 111 U.S. 228; St. Louis v. Foster, 52 Mo. 513; Mason v. Shawneetown, 77 Ill. 533; Union Depot Company v. Railroad, 105 Mo. 562; Jackson v. Railroad, 118 Mo. 199; Kelley v. Railroad, 101 Mo......
  • 105 S.W. 675 (Mo.App. 1907), Cox v. William Mignery & Company
    • United States
    • Court of Appeal of Missouri (US)
    • November 4, 1907
    ...of the yeas and nays on the ordinance, if in fact the recording is required by charter, was at most only directory. St. Louis v. Foster, 52 Mo. 513. One part of the record may be aided or impeached by another part. Jester v. Spurgeon, 27 Mo.App. 479. (7) It has been held that where the ordi......
  • 116 S.W. 1099 (Mo. 1909), The State ex rel. City of Carthage v. Gordon
    • United States
    • United States State Supreme Court of Missouri
    • March 9, 1909
    ...is contained therein has the full force of a legislative enactment. State ex rel. v. Telephone Co., 189 Mo. 99; St. Louis v. Foster, 52 Mo. 513; Railroad v. Railroad, 105 Mo. 562; Jackson v. Railroad, 118 Mo. 199. (b) The Legislature has said the council shall have no power to submit a prop......
  • Request a trial to view additional results

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