In re Webers
| Decision Date | 11 October 1917 |
| Citation | 197 S.W. 850,200 Mo.App. 29 |
| Parties | In the matter of ALBERT WEBERS |
| Court | Missouri Court of Appeals |
TRANSFERRED TO SUPREME COURT.
Motion to dismiss overruled and cause transferred to the Supreme Court.
C. J Anderson for petitioner.
Holland Rutledge & Lashly for respondents.
HABEAS CORPUS. ORIGINAL PROCEEDING.
This is a proceeding by habeas corpus, instituted by the petitioner, for the purpose of obtaining his discharge from the custody of William Young, Chief of Police of the city of St. Louis, and Robert M. Hanna, Captain of Police of said city, by whom he is held, having been arrested on the 27th day of July, 1917, in the city of St. Louis and State of Missouri, and taken to the Third District Police Station, of said city, charged with having violated an ordinance of the city of St. Louis. Shortly after the arrest, a bond in the sum of $ 200, in due form, was presented for the release of said petitioner, which bond the officer in charge of said station refused to accept because the petitioner failed and refused to pay the said officer the sum of fifty cents, as provided for by section 3459 of the Revised Statutes of Missouri, 1909, as amended by the Session Acts of 1913, page 193, which provides in part as follows:
"Section 3459.--Fund, how created--police relief association.--This fund shall be created in the following manner: . . . all percentages of rewards allowed to members of any police force under the regulations of its department together with a fee of fifty cents for each and every bond taken by any police officer for the appearance of any person charged with violating any city ordinance, which said officer is authorized then and there to collect: Provided, however, that no more than one bond fee shall be taken for any arrest, regardless of the number of charges which may be placed against the person arrested, all of which money herein designated shall be paid to the treasurer of said relief association."
On the day of the arrest a petition for habeas corpus, in behalf of Mr. Webers, was presented to Hon. GEORGE D. REYNOLDS, Presiding Judge of this court, during the vacation of the court, who issued the writ directed to William Young, Chief of Police of the city of St. Louis, Missouri, and Robert M. Hanna, Captain of the third police district in the city of St. Louis, Missouri, commanding them to produce Mr. Webers before said judge forthwith, which was done, and thereupon respondents were granted leave in which to file returns to the writ before Judge REYNOLDS, which was accordingly done. On a hearing of the matter, on August 2, Judge REYNOLDS transferred the proceeding to the St. Louis Court of Appeals.
Before the day set for the hearing by the court, the respondents filed a motion to dismiss the proceeding upon the ground that the court had no jurisdiction because this case involved directly the construction of article 4, section 53, clause 26; article 4, sections 46 and 47, and article 10, section 3 of the Constitution of...
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