State ex rel. Atty. Gen. v. McGovney

• Court: Missouri Supreme Court
• Writing for the Court: Black, J.
• Citation: State ex rel. Atty. Gen. v. McGovney, 3 S.W. 867, 92 Mo. 428 (Mo. 1887)
• Decision Date: 21 March 1887
• Parties: The State ex rel. the Attorney General v. McGovney

3 S.W. 867

92 Mo. 428

The State ex rel. the Attorney General v. McGovney

Supreme Court of Missouri

March 21, 1887

Information dismissed.

G. S Hoss and H. H. Blanton for relator.

To say that respondent's term of office is extended to the first day of April is in conflict with section 8, of article 14, of the constitution of the state of Missouri, which provides that the term of no officer shall be extended for a longer period than that for whcih such officer was elected or appointed. The amendment of section 5362, directly extends the office of treasurer in counties having adopted township organization. The legislature has the right to provide a uniform time for the election of public officers, as public convenience may require, though it might sometimes result in incidentally prolonging the time a given officer might have under his commission. This, however, was not attempted by this statute, and, therefore, applying said act to this case with the argument of respondent, that township organization was adopted merely by the vote of the people, renders it in direct conflict with said constitutional provision. State ex rel. v. Ranson, 73 Mo. 78; People ex rel. v. Bull, 46 N.Y. 57

Burton & Wright and O. H. Hoss for respondent.

(1) Vernon county has adopted township organization, as that term is used in the act of 1885. Laws, p. 108; R. S., secs. 7445 7439, 7539; State ex rel. v. Vernon County, 53 Mo. 128. (2) Conceding the construction put upon section 8, of article 14, of the constitution, by plaintiff, to be correct, still the act of April 3, 1885, is not unconstitutional, for the reason, that said section 8, of article 14, may be, and has been, dispensed with, so far as it applies to the case at hand. Sec. 8, art. 9; sec. 14, art. 9; sec. 5, art. 14, of the Constitution of Missouri. (3) Plaintiff's construction of section 8, article 14, of the constitution, is not the correct one. State ex rel. v. Ranson, 73 Mo. 78. The act of April 3, 1885, is not in conflict with section 14, of article 9, nor section 8, of article 14, of the constitution.

OPINION

Quo warranto.

Black J.

This is an information in the nature of a quo warranto. The respondent was elected treasurer of Vernon county at the November election, 1884. By the law then in force (R. S., sec. 5362), the treasurer held his office for two years and until his successor should be elected and qualified. This section was amended in 1885 (Acts of 1885, p. 108) by adding thereto the proviso: "That in counties having adopted, or which may hereafter adopt, township organization, the terms of office of said treasurer shall be extended to the first day of April next after the election of his successor."

At the November election, 1886, Mr. Prewitt was elected treasurer, and before the January following, qualified by giving bond, etc. At this same election the county voted for and adopted township organization, and that law took effect and went into operation on the first Tuesday of April succeeding the election. R. S., sec. 7432.

The question is, whether the respondent has a right to hold over until the first...