Disabled Police Veterans Club v. Long

• Decision Date: 17 May 1955
• Docket Number: No. 29137,29137
• Parties: DISABLED POLICE VETERANS CLUB, a Pro Forma Decree Corporation (Relator), Appellant, v. I. A. LONG, Milton Carpenter, Jeremiah O'Connell, Abraham Lowenhaupt, N. A. Sweets, Thomas L. Moran and Walter Kyle, Constituting the Members of the Police Retirement System of St. Louis (Respondents), Respondents.
• Court: Missouri Court of Appeals

Page 220

279 S.W.2d 220

DISABLED POLICE VETERANS CLUB, a Pro Forma Decree

Corporation (Relator), Appellant, v. I. A. LONG, Milton Carpenter, Jeremiah O'Connell, Abraham

Lowenhaupt, N. A. Sweets, Thomas L. Moran and Walter Kyle,

Constituting the Members of the Police Retirement System of

St. Louis (Respondents), Respondents.

No. 29137.

St. Louis Court of Appeals, Missouri.

May 17, 1955.

As Modified on Denial of Rehearing June 10, 1955.

Paul E. Fitzsimmons, St. Louis, for appellant.

Samuel H. Liberman, City Counselor, City of St. Louis, Charles J. Dolan, William A. Geary, Jr., St. Louis, Associate City Counselors, City of St. Louis, for respondents.

NOAH WEINSTEIN, Special Judge.

The Disabled Police Veterans Club is a corporation created on June 18, 1953 by a decree of the Circuit Court of the City of St. Louis, Missouri, commonly referred to as a pro forma decree corporation. This corporation is composed of retired police officers of the City of St. Louis who have become totally and permanently incapacitated for duty as the result of an accident arising out of the performance of their official duties. The stated purpose of this corporation was to establish and maintain educational and recreational facilities; to promote the general welfare of its members; to aid, assist, develop and provide a program of rehabilitation for its members. This corporation applied to the Board of Trustees of the Police Retirement System of St. Louis for the names and addresses of all disability pensioners under the Police Retirement System of St. Louis. The chairman and attorney of the Disabled Police Veterans Club appeared at a meeting of the Board of Trustees of the Police Retirement System held on October 18, 1953, and explained the purpose of their organization and the use they intended to make of the names of the disability pensioners. At the request of one of the Trustees of the Police Retirement System, a copy of the Charter of the Disabled Police Veterans Club was given to an attorney for the Trustees and on November 20, 1953, the attorney reported that he had reviewed the Charter and By-Laws of the Disabled Police Veterans Club and that they were in order. Thereupon, the Board of Trustees, after a discussion, formally resolved that the Disabled Police Veterans Club be notified that the Board of Trustees was unable to comply with the request for a list containing the names and addresses of all disability pensioners of the Police Retirement System.

By letter dated April 29, 1954, the Police Retirement System of St. Louis advised the Disabled Police Veterans Club of its action taken on November 20, 1953.

Thereafter, on May 4, 1954, the Disabled Police Veterans Club, as relator, filed its petition for writ of certiorari in the Circuit Court of the City of St. Louis, Missouri, naming as respondents the individuals constituting the Board of Trustees of the Police Retirement System of St. Louis, for the purpose of reviewing the action of the Board of Trustees. On June 10, 1954, after the respondents' return had been filed in the proceeding, the cause was by agreement of counsel submitted on the pleadings filed, and on June 15, 1954, the Circuit Court entered its judgment and decree in said cause sustaining the affirming the decision of the respondents (Board of Trustees of the Police Retirement System), which order relator duly appealed to this Court.

The Disabled Police Veterans Club (hereinafter referred to as Relator) is described in the pleadings filed below as a 'pro forma decree corporation, organized in accordance with the laws of the State of Missouri, and existing pursuant to a decree of the Circuit Court of the City of St. Louis issued on June 18, 1953.' We can presume, accordingly, that relator exists pursuant to the provisions of Chapter 352 RSMo 1949, V.A.M.S., which establishes procedures for incorporation by three or more persons 'as a society, company, association or organization formed for benevolent, religious, scientific, fraternal-beneficial, or educational purposes.' Section 352.010 RSMo 1949, V.A.M.S., Section 352.050 RSMo 1949, V.A.M.S., states that 'No association, society or company formed for manufacturing, agricultural or business purposes of any kind, or for pecuniary profit in any form * * * shall be incorporated under this chapter * * *.'

The Police Retirement System of St. Louis was created pursuant to the provisions of Sections 86.010 to 86.193 RSMo 1949, V.A.M.S. Section 86.023 vests the general administration and the responsibility for the proper operation of the retirement system in a board of trustees of seven persons. Section 86.043 requires the Board of Trustees to keep in convenient form such data as shall be necessary for actuarial valuation of the various funds of the retirement system and for checking the experience of the system. Paragraph 2 of said section reads and pertinent part as follows:

'The board of trustees shall keep a record of all its proceedings which shall be open to public inspection.'

Section 86.037 RSMo 1949, V.A.M.S., provides that the action, decision or determination of the Board of Trustees of the Police Retirement System 'in any matter' shall be reviewable by the common law writ of certiorari, only, and any party to such certiorari proceedings shall have a right of appeal from the decision of the reviewing court.

The jurisdiction of this court is urged by relator and conceded by respondents, and this court does have jurisdiction of this appeal, but it must be...