City of St. Charles v. Nolle
| Decision Date | 31 October 1872 |
| Parties | THE CITY OF ST. CHARLES, Appellant, v. FRITZ NOLLE, Respondent. |
| Court | Missouri Supreme Court |
Appeal from St. Charles Circuit Court.
F. McDearmon, City Attorney, for Appellant, cited Gartside vs. East St. Louis, 43 Ill. 47; Kennedy vs. Snowden, 1 McMill. 323; Dillon on Munic. Corp. p. 135, § 93, p. 278, §§ 250, 253; p. 522, § 540.T. Bruere, for Respondent.
This was a prosecution commenced before the Recorder of the city of St. Charles, charging the defendant with violating an ordinance of the city requiring a license tax for wagons used for pay, from which an appeal was taken to the Circuit Court, where the defendant was acquitted on the ground that the alleged ordinance is invalid. The case was tried on the following agreed statement of facts: “Nolle, the defendant, was hauling lumber for Hallrah & Macheus from Judges Landing on the Mississippi River about seven miles below the city of St. Charles, to their lumber yard in the city of St. Charles, without first having taken out a license under the above ordinance as a drayman or wagoner. Nolle is a farmer and non-resident of the city, living about five miles below the city in the neighborhood of said landing. He does not make hauling for hire, his regular business, but did the hauling in this instance for compensation. The above ordinance and original ordinance are considered in evidence.
The ordinance referred to is to the effect--“That every owner or driver of any dray, cart or wagon used or kept to carry or convey goods, wares or merchandise or any species of property or thing for hire, from one part of the city to another part, or from places within the city to places without the city, or from places without the city to places within the city shall register and number the same with the city Register,” give bonds, &c., &c.
The charter of the city of St. Charles provides that “the Mayor and councilmen shall have power by ordinance, to provide for licensing, taxing and regulating hacks, drays, wagons and other vehicles used within the city for pay.” It is also provided by the charter that “they shall have power to pass ordinances for the regulation and police of said city, and the commons, thereunto attached and belonging, as the said Mayor and councilmen shall deem necessary to carry into effect the object of this act, and the power hereby granted as the good of the inhabitants may require.”
These are all the provisions of the charter bearing on the question. A city can only pass such ordinances as are warranted by its charter. There seems to be no authority, expressed or implied, in the charter of the city of St. Charles to authorize the imposition of a tax license on wagons engaged in hauling outside of the city.
It was not contemplated by the legislature that the free ingress, egress and regress of outside citizens should be impeded by taxation, to be imposed by the city. It cannot be found in that part of the charter allowing tax license to be imposed on wagons, &c., used for pay in the city. The language used excludes such interpretation--“ expressio unius exclusio alterius.”
The conclusion cannot be drawn from the authority to regulate the police of the city, for that must be confined to the city limits.
Besides, if the legislature had given the power in so many words, in my judgment, such legislation...
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