Francis v. Blair

Decision Date26 November 1888
Citation96 Mo. 515,9 S.W. 894
PartiesFRANCIS, Mayor v. BLAIR et al., Commissioners.
CourtMissouri Supreme Court

Appeal from St. Louis circuit court; AMOS M. THAYER, Judge.

Suit by David R. Francis, mayor of the city of St. Louis, to enjoin James L. Blair, W. H. Lee, Frank Galennie, and O. P. Gooding, police commissioners of the city, from enforcing a resolution adopted by them vesting in the vice-president of the board the executive control of the police department at times when the board was not in session. Decree for plaintiff, and defendants appeal. For opinion on former appeal, see 1 S. W. Rep. 297.

J. M. Holmes and F. A. Wislizenus, for appellants. Jas. O. Broadhead and Leverett Bell, for respondent.

BLACK, J.

This case was here before on a demurrer to the petition, and is reported in 89 Mo. 291, 1 S. W. Rep. 297. 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 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 department, subject always to the approval of the board; and further, that the chief of police shall, between the meetings of the board, receive and obey the orders of the vice-president only."

1. The plaintiff insists that this resolution is invalid, because it deprives him of rights and powers vested in him by law. The first specific issue will be best understood by stating the claims of the litigants in the language of their counsel, namely: The mayor's position is that the state law has made him president of the board, and that he has the right to speak for it when not in session, and to issue such orders as are necessary to give effect to the will of the board; that he is the executive officer of the board, selected and named by the legislature for that purpose. Defendants say the mayor is in no sense of the term a police commissioner, has no power as such, and has no power whatever in police matters, save as a member of the board while it is sitting. The board of police commissioners was established in 1861. Acts 1860-61, p. 447. The mayor of the city has been a member of the board from the time it was established. Reference will be made to this act and the amendments thereto, as compiled in 2 Rev. St. 1879, p. 1528. Section 2, among other things, provides: There shall be and is hereby established within and for the city of St. Louis a board of police commissioners of the city of St. Louis, to consist of four commissioners, as is hereafter provided. together with the mayor of said city for the time being, or whosoever may be lawfully acting in that capacity, who shall be ex officio president of said board; and said board shall appoint one of their members as vice-president, who shall act during the absence of the president. The said commissioners shall be citizens of this state, etc. Before entering upon the duties of their said...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT