State ex rel. v. Riechmann

• Decision Date: 23 December 1911
• Parties: STATE ex rel. KIEL et al. v. RIECHMANN et al.
• Court: Missouri Supreme Court

142 S.W. 304

239 Mo. 81

STATE ex rel. KIEL et al. v. RIECHMANN et al.

Supreme Court of Missouri.

December 23, 1911.

1. ELECTIONS (§ 121)—PRIMARY ELECTIONS— POLITICAL COMMITTEES—TERM OF OFFICE OF OFFICERS.

Under Rev. St. 1909, §§ 5880, 6033, subd. 2, providing for the election at a primary election of political committees, requiring every political committee to meet on a designated date, and to organize by electing specified officers, and to file with the election commissioners a certificate specifying the names and addresses of the chairman and secretary, and, if any change shall thereafter be made as to either of the officers, to file a like certificate, the officers of a political committee do not hold for two years, during the life of the committee, but the committee may remove them and elect others.

2. STATUTES (§ 218)—CONSTRUCTION—ACTS OF ADMINISTRATIVE OFFICERS.

The construction given to a statute by persons called on to construe it is not binding on the courts, but has some persuasive power.

3. ELECTIONS (§ 121)—PRIMARY ELECTIONS— POLITICAL COMMITTEES—RULES—MEETINGS.

A political committee elected at a primary election, pursuant to Rev. St. 1909, § 5880, requiring the election of political committees at primary elections, and requiring the committee on a designated date after the election to meet and organize and elect officers, met on the designated date, elected officers, and adopted rules for regular meetings at headquarters, pursuant to adjournment, and for special meetings by the chairman on petition of members of the committee. A special meeting was duly called and an adjournment taken to headquarters. The committee met pursuant to adjournment and adopted amendments to the rules. Held, that the adjourned meeting was within the rules, and the committee at such meeting had authority to amend its rules.

4. ELECTIONS (§ 121)—PRIMARY ELECTIONS— POLITICAL COMMITTEES—MAJORITY TO VOTE.

Where a majority of a political committee elected at a primary, pursuant to Rev. St. 1909, § 5880, adopted rules governing the committee, a majority may annul a rule, though the rule annulled provides that no rule can be repealed or amended without three-fourths vote of the committee, in the absence of any statute limiting the power of the majority to make or repeal rules.

5. ELECTIONS (§ 121)—PRIMARY ELECTIONS— POLITICAL COMMITTEES—MAJORITY TO VOTE.

Where the statutes do not prescribe what number shall constitute a quorum for the transaction of business by a political committee elected at a primary election, pursuant to Rev. St. 1909, § 5880, a majority of the committee constitutes a quorum, and such quorum has the full power of the whole committee, and, in the transaction of any business, a majority of that quorum controls.

6. ELECTIONS (§ 121)—PRIMARY ELECTIONS— POLITICAL COMMITTEES—OFFICERS—REMOVAL—ELECTIONS.

A rule of a political committee elected at a primary election, pursuant to Rev. St. 1909, § 5880, provided that the officers thereof could not be removed by less than 15 votes of the 28 members of the committee. Fourteen members, having an undisputed right to vote, voted in favor of the removal of officers of the committee, and 11 members, having the undisputed right to vote, voted in opposition. A majority of the members voted that another member had a right to vote, and such member voted with the 14. The vote of the majority as to the right of such member was taken in opposition to the ruling of the chairman of the committee. Held, that 15 members of the committee voted for the removal of the officers, and the removal was legal.

7. ELECTIONS (§ 121)—PRIMARY ELECTIONS— POLITICAL COMMITTEES—ELECTION OF OFFICERS—VALIDITY.

Where officers of a political committee elected at a primary election, pursuant to Rev. St. 1909, § 5880, were legally removed under the rules of the committee, and a majority of a quorum of the committee elected successors, the successors were legally elected, in the absence of any rule or statute requiring more than a majority vote of a quorum for the election of officers.

Valliant, C. J., and Kennish and Brown, JJ., dissenting.

In Banc. Certiorari by the State, on the relation of Henry W. Kiel and others, against George W. Riechmann and others, to quash records of the meetings of the Republican City Committee of the City of St. Louis. Records of the committee sustained.

Charles W. Bates, for relators. Wm. C. Marshall, for respondents.

GRAVES, J.

This is a contest between two contending factions of the Republican City Committee of the City of St. Louis. By our writ of certiorari we have before us in the returns made the records of the doings of such committee from its organization up to a time when an attempt was made to change the officers thereof. The relators and the respondent George W. Galloway belong to the minority faction of the committee, and the respondents, except Galloway, belong to the majority faction. Relators seek to have this court quash the records of the meetings of said committee as such records were made at several meetings to be presently mentioned.

The committee is composed of 28 members, who were elected in August, 1910, under the provisions of the primary law with reference to the election of party committees. There is 1 member for each of the 28 wards of the city. After the state primary in August, 1910, the several members of this committee, including the relators and respondents herein, having received their certificates of election, met for the purpose of organizing the committee and electing the officers thereof. This was August 9, 1910. At such meeting the following officers were duly elected, viz.: Henry W. Kiel, Chairman; Peter Anderson, vice chairman; George W. Galloway, secretary; Edmond Koeln, treasurer; and Herman Bader, sergeant at arms. These parties continued as officers until August 4, 1911, when their offices were declared vacant, and this action is the chief matter in issue here.

To change the officers it became necessary to change some of the rules of the committee, thus: Rule 1 formerly provided that officers should hold office during the life of the committee (two years), but further provided that they could be removed by not less than 18 votes of the 28 members after 10 days notice having been served upon all the members of the desired removal of the officer by the secretary of the committee, and was amended so as to read: "Rule 1. The committee shall organize by electing by ballot a chairman, vice chairman, secretary, treasurer and sergeant at arms. They shall hold office during the continuance of the committee; provided, however, that any or all of said officers may be removed by not less than fifteen (15) votes, elected members, of the 28 members of the committee." Rule 2 was not amended, but, as it may be material, we quote it thus: "Rule 2. The regular meetings of the committee shall be held at headquarters pursuant to adjourments." Rule 3 formerly read: "Rule 3. Special meetings may be called by the chairman or on written request of seven members of the committee, or by order of the executive committee, due notice of such meetings shall be given to each member of the committee." This was amended so as to read: "Rule 3. Special meetings may be called by the chairman or seven members of the committee or by order of the executive committee. Notice of such meetings shall be given to the members by the chairman, or the seven members calling the meeting, or by the executive committee, as the case may be." The last paragraph of rule 4 formerly read: "The vice chairman shall preside over the committee during the absence of the chairman and perform his duties, and in the absence of both, the committee shall elect a chairman to preside at that meeting." This was amended so as to read: "The vice chairman shall preside over the committee during the absence of the chairman and perform his duties." Rule 15 formerly read: "Rule 15. None of the foregoing rules shall be repealed or altered unless by a three-fourths majority vote of all the members, nor unless upon motion made in writing for that purpose at a previous meeting of the committee." This was amended to read: "Rule 15. None of the foregoing rules shall be repealed or altered unless by a majority vote of all the members elect, nor unless upon motion made in writing for that purpose at a previous meeting of the committee." The right to make these amendments as they were made is a matter also challenged by relators, and the method of making the change we shall give next.

July 22, 1911, seven members of the committee requested the chairman, Mr. Kiel, to call a meeting of the committee for July 26th, and this was done. At this meeting all members were present except L. C. Dyer of the Sixteenth ward, but he had a proxy present. The secretary declined to call the Ninth ward, of which William Troll, then present, had been elected as the member. Troll's right to vote becomes a question, and the facts will be noted at the proper time in the course of the opinion. At this meeting the following resolution was adopted by a vote of 14 to 12: "Resolved, that when this committee adjourn we adjourn to meet in regular meeting at headquarters of the Republican City Central Committee, at 8 p. m., Wednesday, August 2, 1911." An effort was made to amend the resolution so as to have the meeting August 9th, but the amendment was lost. The chairman declared that there was a vacancy in the Ninth ward; such action being taken upon the statement made by the secretary that Mr. Troll had moved from the Ninth ward to the Sixth ward. Before the ruling of the chair, the secretary asked Mr. Troll if he had not moved from the Ninth to the Sixth ward, and the secretary says in his return here that the response of Troll was, "Yes," whilst the other return says Mr. Troll said, "Yes, but I claim my residence in the Ninth ward," or words to this effect.

Troll protested against the action of the chairman in...