Nunemacher v. City of Louisville

Decision Date22 November 1895
Citation32 S.W. 1091,98 Ky. 334
PartiesNUMEMACHER v. CITY OF LOUISVILLE et al.
CourtKentucky Court of Appeals

Appeal from circuit court, Jefferson county.

"To be officially reported."

Application by Frank Nunemacher for mandamus to the city of Louisville and its comptroller. Application denied, and plaintiff appeals. Affirmed.

Helm &amp Bruce, for appellant.

H. S Barker, for appellees.

HAZELRIGG J.

The validity of a contract between the city of Louisville and the Courier-Journal Job Printing Company is assailed in this case because a member of the general council of the city held an office for pay in the printing company at the time of the attempted making of the contract. Section 6 of the statute for the government of cities of the first class (Laws 1893 c. 244; St. Ky. § 2768) provides as follows: "Sec. 6. Members of the general council shall hold their office for two years after election. They shall be at least twenty-five years of age, and shall be housekeepers or owners of real estate in the city. They shall hold no other civil office. They shall not be directly or indirectly interested in any contract with said city, or in any application therefor, or a candidate for or hold any office or employment for pay in any company or corporation which holds or is an applicant for a contract with the city. Stockholders in corporations may be eligible, but shall not vote on or interfere, directly or indirectly, with any matters or questions affecting a contract between such company and the city, or its right or duty under the same. No person, while in arrears to the city for money collected, shall be a member of the general council. Before any member-elect shall take his seat in either board, he shall make an oath or affirmation that he has the qualifications, and is free from the disqualifications prescribed herein." The contention upon the one hand, is that the section refers only to the matters of eligibility; upon the other, that such a contract as is referred to is forbidden, and is therefore void. The section is found under the head of "Legislative Department," and on its face does not purport to affect the validity of contracts. It treats solely of the eligibility of members of the general council, and does not in terms at least, declare void a contract in which a member, in spite of the section, may be interested. A rigid adherence, therefore, to the letter of the statute would lead us to hold that the making of such a contract would only render ineligible the interested member. Manifestly, such a construction falls far short of effectuating the purpose of the lawmakers. It is a matter of small concern, comparatively, who may or may not retain a seat in the council, but the public is vitally interested in the execution of the contracts of the city. If the retiring and interested member, upon becoming ineligible, leave behind him an enforceable contract, he is permitted to accomplish what he may have obtained his seat in the council for. It is proper to observe here that no suggestion is made that the members of the council who was in the pay of the contracting company had aught to do with making the contract involved in this case. That tribute to his integrity is paid by counsel assailing the contract. But it is not contended that this fact affects the question. In our opinion, the effect of this section is to render void contracts between the city and any person who is a member of the council, or between the city and any corporation which has a member of the council for one...

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20 cases
  • Investors' Syndicate v. North American Coal & Mining Co.
    • United States
    • North Dakota Supreme Court
    • June 4, 1915
    ... ... Cook, ... Corp. 6th ed. §§ 709, 725, 779 and 808; ... Louisville, N. A. & C. R. Co. v. Louisville Trust ... Co. 174 U.S. 552, 43 L. ed. 1081, 19 S.Ct. 817 ... Johnson Mfg. Co. 47 Hun, 235; ... Kelsey v. Sargent, 40 Hun, 151; Davis v. Memphis ... City R. Co. 22 F. 883; Sellers v. Phoenix Iron ... Co. 13 F. 20, 15 Mor. Min. Rep. 388; Currier v ... Cal. 597, 25 P. 765; Santa Ana Water Co. v. San ... Buenaventura, 65 F. 324; Nunemacher v ... Louisville, 98 Ky. 334, 32 S.W. 1091; Sims v ... Petaluma Gaslight Co. 131 Cal. 656, ... ...
  • Quackenbush v. City of Cheyenne
    • United States
    • Wyoming Supreme Court
    • July 27, 1937
    ... ... 591; 3 Page on Contracts No. 1965; ... Milford v. Milford Water Co., 124 P. 610; Berka ... v. Woodward (Cal.) 45 L. R. A. 420; Nunemacher v ... Louisville, 32 S.W. 1091; Water Company v. San ... Buenaventura, 65 F. 323. The company was chargeable with ... knowledge as to what the ... ...
  • City of Ensley v. J.E. Hollingsworth & Co.
    • United States
    • Alabama Supreme Court
    • April 20, 1909
    ... ... directly in point and fully support the doctrine as stated in ... our original ... [54 So. 100] ... opinion in this case: Nunemacher v. City of ... Louisville, 98 Ky. 334, 32 S.W. 1091; Grand Island ... Gas Co. v. West, 28 Neb. 852, 45 N.W. 242; Beebe v ... Board of ... ...
  • Collinsworth v. City of Catlettsburg
    • United States
    • Kentucky Court of Appeals
    • November 25, 1930
    ... ... the city forbidden to enter into such a contract, is null and ... void. Byrne & Speed Coal Co. v. City of Louisville, ... 189 Ky. 346, 224 S.W. 883; Bradley & Gilbert v ... Jacques, 110 S.W. 836, 33 Ky. Law Rep. 618; ... Bornstein v. Louisville School Board, 137 Ky. 108, ... 122 S.W. 522; Arms & ... [32 S.W.2d 983] ... Short v. Denton, 212 Ky. 43, 278 S.W. 158; Nunemacher v ... City of Louisville, 98 Ky. 334, 32 S.W. 1091, 17 Ky. Law ... Rep. 933; City of Winchester v. Frazer, 43 S.W. 453, ... 19 Ky. Law Rep. 1366; ... ...
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