State ex rel. Allen v. Mayor of St. Louis

• Decision Date: 30 April 1881
• Citation: 73 Mo. 435
• Parties: THE STATE ex rel. ALLEN v. THE MAYOR OF ST. LOUIS.
• Court: Missouri Supreme Court

73 Mo. 435

THE STATE ex rel. ALLEN

v.THE MAYOR OF ST. LOUIS.

Supreme Court of Missouri.

April Term, 1881.

Mandamus.

Alex. Martin and Eugene C. Tittman for relator.

A cardinal principle of our constitution is, that those who do not vote, whatever be the reason, shall be bound by and be deemed to acquiesce in the act of those who do. This principle is applied to the abolition of township organization, the changing of county seats, the reorganization of counties, the calling of constitutional conventions, and, even more, to the amendment of the organic law of the State, the constitution itself. All these may be accomplished by the act of a plurality, or majority of the voters voting on the question submitted. Const. 1875, art. 9, §§ 2, 3, 4, 9; art. 15, §§ 2, 3. It is difficult to understand why city charters should be amended only by compliance with a more stringent requirement, to-wit: by a plurality of those voting, not on the question, but on some other subject or matter wholly foreign to the question. Is it probable that it was intended to require a larger percentage of votes to amend a city charter than to amend the constitution of the State? We submit that section 22, article 9, ought to be so construed as to preserve the foregoing principle of the constitution and to effectuate and carry out the purpose and intent of its framers and the people who adopted it. This section referred and related to a vote on charter amendments. It had no other measure or subject matter in view. Gillespie v. Palmer, 20 Wis. 544; State v. Mayor, 37 Mo. 270; State v. Binder, 38 Mo. 450.

Leverett Bell for respondent.

NORTON, J.

This is an original proceeding by mandamus to compel the mayor of the city of St. Louis to proclaim that certain amendments numbered one, two, three, five, six, seven, eight, nine, ten, twelve and thirteen, submitted for the acceptance of the qualified voters of said city at the general election held therein for the election of city officers on the 5th day of April, 1881, were adopted and became incorporated in the charter of said city.

It is admitted by the demurrer to defendant's answer that at said election the said charter amendments were accepted by three-fifths of the voters who voted at said election for and against them; but that they were not accepted by three-fifths of the 37,000 voters who voted at said election for city officers, and the only question presented for our determination is, whether, under section 22 of article 9 of the constitution, it required the amendments proposed to be accepted by three-fifths of the qualified voters voting at said election or only three-fifths of those voting for and against the amendments. The said section is as follows: “Section 22. The charter so ratified may be amended at intervals of not less than two years, by proposals therefor, submitted by the law-making authorities of the city to the qualified voters thereof at a general or special election, held at least...