State ex rel. Jordon v. Haynes

• Citation: 72 Mo. 377
• Parties: THE STATE ex rel. JORDON, Appellant v. HAYNES.
• Decision Date: 31 October 1880
• Court: United States State Supreme Court of Missouri

72 Mo. 377

THE STATE ex rel. JORDON, Appellant

v.HAYNES.

Supreme Court of Missouri.

October Term, 1880.

Appeal from Vernon Circuit Court.--HON. JNO. D. PARKINSON, Judge.

REVERSED.

This was a proceeding by mandamus to compel respondent, Haynes, who was trustee and ex-officio treasurer of Walker township, Vernon county, to pay relator the amount of a certain warrant issued by the board of directors of said township. The alternative writ recited in substance that the township having no house or place where the citizens could assemble or the officers meet to transact business, the board of directors, in pursuance of orders or resolutions duly entered on its records, had purchased a site and erected thereon a building, which was then and since its completion had been in the possession, use and enjoyment of the officers and citizens of the township, and devoted to the ordinary purposes of such a public building; that relator's warrant was for services rendered and moneys expended in the construction of said building; that the board had levied a tax to raise the funds to pay for said ground and building; that said tax had been collected, and the money was in the hands of respondent as treasurer of the township; that relator's warrant had been presented to respondent, but he had refused payment.

Respondent moved to quash this writ, on the following grounds: 1. That the township had no power to purchase a site and erect a township hall; 2. That the writ did not show that the township had ever authorized the board to buy the site or erect the building; 3. That the board had no power to buy the site or erect the building, or issue relator's warrant in payment of the same. This motion was sustained, and relator appealed.

Scott & Stone for appellant.

I.

SHERWOOD, C. J.

If the board of directors of Walker township had the legal authority to issue the warrant, then the trustee of the township, being but the ministerial officer thereof, would be bound, having funds in his hands raised for that express purpose, to pay the warrant thus drawn. State v. Callaway Co., 43 Mo. 228. Section 8, article 9, page 106, Acts 1873, expressly authorizes such board to draw an order (or warrant) on the trustee for the amount allowed by them.

II.

Was the building of the township hall on real estate purchased for that purpose, one of the corporate powers conferred on the township by the legislature? With reference to that point, the legislature has conferred, among others, these powers on the township as a body corporate. Acts 1873, pp. 97, 98. “To purchase and hold real estate within its own limits, for the use of its inhabitants, subject to the power of the general assembly; to make such contracts, purchase and hold personal property, and so much thereof, as may be necessary to the exercise of its corporate or administrative power; to make such orders for the disposition, regulation or use of its corporate property as may be deemed conducive to the interests of its inhabitants.” § 1. Again: “No township shall possess any corporate powers, except such as are enumerated or granted by this act, or shall be specially given by law, or shall be necessary to the exercise of the powers so enumerated or granted.” § 2.

A building suitable for the purposes of township meetings, as well as for the various officers of the township, would...