9 S.W. 894 (Mo. 1888), Francis v. Blair
|Citation:||9 S.W. 894, 96 Mo. 515|
|Opinion Judge:||Black, J.|
|Party Name:||Francis, Mayor, v. Blair et al., Police Commissioners, Appellants|
|Attorney:||J. M. Holmes and F. A. Wislizenus for appellants. Jas. O. Broadhead and Leverett Bell for respondent.|
|Judge Panel:||Black, J. Ray, J., absent.|
|Case Date:||November 26, 1888|
|Court:||Supreme Court of Missouri|
Appeal from St. Louis City Circuit Court. -- Hon. A. M. Thayer, Judge.
(1) The antagonism between the metropolitan and the municipal systems is such that they cannot coexist. (2) The mayor, though a member of the board, is not a commissioner. State ex rel. v. Police Commissioners, 5 Abb. Pr. 241. (3) The police power is vested primarily in the state, and not in the city; the act of 1861 prohibited the exercise by the city of police powers; and no act has been passed since repealing the act of 1861, directly or by implication. 1 Dill. on Mun. Corp., sec. 210, and cas. cit.; Burch v. Hardwick, 30 Gratt. 40; Railroad v. Cass County, 53 Mo. 17.
[96 Mo. 516]
This case was here before on a demurrer to the petition, and is reported in 89 Mo. 291. Though it has been tried on petition and answer, the case now made is not essentially different from what it was when it stood on the petition. For some of the details, and some points not now in dispute, reference is made to the opinion then filed.
The plaintiff is the mayor of the city of St. Louis, and a duly qualified member of the board of police commissioners of that city. The defendants are the [96 Mo. 517] four commissioners appointed by the governor as members of the board. At a meeting of the board, a resolution was adopted, over the protests of the plaintiff, which is as follows:
"Whereas, in the opinion of this board, it is the meaning and intention of the law establishing the metropolitan police system in this city, that the entire management and control of the department should be in the hands of the board of police commissioners, and through them, in such one of their number as they might select as vice-president; and whereas, such has been the uniform custom of the department from the beginning; now, therefore, to remove any misapprehension which may exist in the premises, rule No. 12 of the manual is hereby declared to mean, that the vice-president is the executive officer of the board, and shall at all times, when the board is not in session, have the entire management and control of the departments, subject always to the...
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