State ex rel. Davis v. Edwards
| Decision Date | 08 March 1921 |
| Citation | 229 S.W. 252,206 Mo.App. 496 |
| Parties | STATE ex rel. JOHN R. DAVIS and WILLIAM F. GLYNN, Relators, v. JOHN B. EDWARDS, ALEXANDER H. ROBBINS, JAMES Y. PLAYER, and JOHN H. HOLLIDAY, constituting the BOARD OF ELECTION COMMISSIONERS OF THE CITY OF ST. LOUIS, Respondents |
| Court | Missouri Court of Appeals |
Alternative writ quashed.
Connett & Currie for relators.
Charles H. Danes and H. A. Hamilton for respondents.
OPINION
Mandamus Original Proceeding.
This is an original proceeding whereby the relators seek a peremptory writ of mandamus directed to the respondents, constituting the Board of Election Commissioners of the City of St. Louis to compel respondents to give notice of, call, hold and supervise a primary election in the City of St. Louis, for the purpose of selecting delegates to a convention of the Republican party and of the Democratic party in said city, for the purpose of nominating candidates for members of the Board of Education of said city to be voted upon at the election to be held therein on April 5, 1921.
Upon application by relators on March 8, 1921, one of the judges of this court issued an alternative writ of mandamus directed to respondents, returnable March 11, 1921, commanding them to give notice of, call, hold and supervise a primary election in said city for the purposes aforesaid, or to show cause at the return day why they should not do so. On the return day, return to the alternative writ was duly made by respondents; whereupon, on said day, the cause was transferred into court. Relators thereupon, forthwith, filed a motion for judgment on the pleadings, and the cause was argued and submitted.
The alternative writ, the first pleading in mandamus, following the averments of the application therefor, sets up that the respondents constitute the Board of Election Commissioners of the City of St. Louis; that the relators are legally qualified voters and electors of said city, relator Davis being a member of the Republican party of said city, and relator Glynn a member of the Democratic party therein; that the said political parties each cast at least one-fourth of the total vote cast at the next preceding election held for the purpose of nominating candidates for public office, and have managing or controlling committees known respectively as the Republican City Central Committee and the Democratic City Central Committee; that the territory within the corporate limits of said city is by law a school district, governed by a Board of Education composed of twelve tax paying residents therein, who are selected for a term of six years, and that the terms of office of five members of said Board now holding office are about to expire, and that these five places on said Board are to be filled at the next election to be held according to law in said city on April 5, 1921.
The alternative writ further charges that under the law it became the duty of the managing and controlling committee of each of said political parties to notify respondents to cause notice to be given of the holding of a special primary election for the purpose of selecting delegates to a convention of said respective parties for the purpose aforesaid; that neither of said managing or controlling committees gave such notice to respondents, and that, under the law, it then became the duty of respondents to cause a notice to be given of the holding of said primary election for the election of delegates as aforesaid, "in conformity with Article 11, Chapter 30 of the Revised Statutes of Missouri, 1919, particularly section 4975 thereof;" but that respondents have refused and failed so to do, have publicly announced that they would not so do, "and have taken the position that no political party can nominate candidates for the office of a member of the Board of Education of the City of St. Louis, but that all such nominations must be made by petition and the names of the candidates placed on a non-partisan ballot; and that demand upon the aforesaid Board of Election Commissioners to give the notice aforesaid and call this election would be useless." And it is averred that the relators are interested in the nomination of candidates for members of the said Board of Education, on said respective party tickets, and are remediless in the premises by and through the ordinary process or proceeding at law.
The return, after making certain admissions as to the facts, in substance denies that under the existing law it became the duty of respondents to cause a notice to be given of the holding of a primary election for the purpose aforesaid, averring that respondents have no right or authority, and were charged with no duty, so to do. To this return, as said, relators filed their motion for judgment on the pleadings.
Relators' alleged right to the writ is predicated upon the provisions of sections 4974, 4975, 4976, Revised Statute 1919, found in Article 11, of Chapter 30, of the revision of 1919, relating to "primary elections in cities of 100,000 inhabitants and over." In considering the contention that these sections are here applicable, and making it the duty of the Board of Election Commissioners of the City of St. Louis, respondents herein, to take steps for the calling and holding of a primary election to select delegates to conventions of the said respective political parties for the purpose of nominating candidates for the Board of Education in said city, it is necessary to notice the statutes, general and special, relating to the nomination of candidates for public office, with some brief history of those acts with which we are here directly concerned.
The City of St. Louis, of course, constitutes a school district, and as such is governed by a special law, now Article 16, Chapter 102, of the Revised Statute 1919, relating to school districts in cities of 500,000 inhabitants or over. Section 11456, of the last mentioned article and chapter, provides that supervision and government of public schools and public school properties within such districts shall be vested in a board of twelve members. Other sections provide the qualifications, powers and duties of said board, and for the election of the members thereof. No provision is there made, however, for the nomination of candidates for such office.
Article 4 of Chapter 30, Revised Statute 1919, consisting of sections 4802 to 4822, inclusive, of said revision, deals with the nomination of candidates for public office in general. Section 4802 provides as follows:
The further sections of the last-mentioned article and chapter make provision concerning nominations by primary election or petition by electors.
Article 5, of Chapter 30, Revised Statutes 1919, consisting of sections 4823 to 4856 inclusive, constitutes the general primary election law of this State. Section 4823 thereof provides as follows:
It will be seen, therefore, that the general primary law exempts from its application nominations for school district officers.
Article 11, of Chapter 30, Revised Statutes, 1919, supra, relating to primary elections in cities of 100,000 inhabitants or over, contains sections 4974, 4975 and 4976 referred to above, which are as follows:
(Italics ours.)
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