State ex rel. Aloe Instrument Co. v. Meier

• Decision Date: 06 August 1902
• Citation: 69 S.W. 668,96 Mo.App. 160
• Parties: STATE ex rel. ALOE INSTRUMENT COMPANY, Relator, v. FRED C. MEIER, Etc., Respondent
• Court: Missouri Court of Appeals

69 S.W. 668

96 Mo.App. 160

STATE ex rel. ALOE INSTRUMENT COMPANY, Relator, v. FRED C. MEIER, Etc., Respondent

Court of Appeals of Missouri, St. Louis

August 6, 1902

PEREMPTORY WRIT AWARDED.

BLAND P. J. Barclay and Goode, JJ., concur.

OPINION

Original Mandamus Proceeding.

BLAND P. J.

The substantial allegations of the alternative writ of mandamus are that plaintiff is a corporation dealing in optical goods, supplies, etc., in the city of St. Louis; that A. S. Aloe is the president of the corporation; that on April 1, 1902, A. S. Aloe was appointed election commissioner in and for the city of St. Louis; that he has qualified and is now acting as such commissioner; that defendant is supply commissioner of the city of St. Louis; that as such, in pursuance of section 2448 of the Municipal Code, he published in the newspaper doing the printing for the city of St. Louis the following advertisement:

"Office of Commissioner of Supplies,

City Hall, August 1, 1902.

"Sealed proposals will be received by the undersigned, to be opened at his office at 12 o'clock m., on Tuesday next, the fifth inst., for furnishing the fire department with twenty-four iron beds with woven wire mattresses as per requisition 61. Beds must be like sample to be seen at Engine House No. 6. Certified check for $ 100 must accompany each bid. Call on commissioner of supplies for blanks and further information. Bids must be in duplicate, free from all alterations or erasures, and to both the original and duplicate must be attached a copy of this advertisement. All bids having any alteration or erasure thereon will be rejected. The commissioner reserves the right to reject any or all bids. "FRED C. MEIER,

"Commissioner of Supplies."

That relator prepared and submitted to the defendant in his official capacity a sealed bid or proposal by relator in conformity with said advertisement which he, relator, believed when opened would be found the lowest bid or proposal submitted; that defendant refused to receive or entertain the bid on the ground that because of the office held by the president of the relator the corporation could not lawfully make a contract for supplies for the city.

Defendant entered his voluntary appearance to the alternative writ and filed his demurrer thereto, the third and fourth grounds of which are as follows:

"3. The facts stated in said alternative writ of mandamus show that the respondent as commissioner of supplies of the city of St. Louis can not lawfully enter into a contract on behalf of the city of St. Louis, with the plaintiff, the A. S. Aloe Instrument Company, for supplies to be furnished the city of St. Louis by said plaintiff.

"4. No valid contract can be made between the city of St. Louis on the one part, and the A. S. Aloe Instrument Company on the other, for furnishing supplies to the city of St. Louis or any of its departments or officials, while the president of said A. S. Aloe Instrument Company is election commissioner in and for the city of St. Louis."

The demurrer raised the question whether or not relator is prohibited from contracting with the city. Section 10, article 4, of the city charter is as follows:

"All elected and appointed officers shall possess the following qualifications: They shall have been citizens of the United States and of the city of St. Louis for at least two years previous to their election and shall be able to read and write the English language. They shall not at the time of their election be in arrears to the city for taxes or indebted to the city in any way. They shall not be interested either directly or indirectly, in any contract with the city, either for work to be performed or supplies to be furnished. They, excepting the commissioners of charitable institutions, shall not hold any State or Federal office, and shall hold their offices until their successors are duly qualified."

The election commissioners for the city of St. Louis are appointed by the Governor of the State by and with the advice and consent of the Senate (section 7223, R. S. 1899) and are by the same section required to give bond to the State to be filed with the Secretary of State. The salaries of the commissioners, including clerk hire, office supplies and...