State v. Borden

• Decision Date: 29 June 1901
• Court: Missouri Supreme Court
• Parties: STATE ex inf. MYLTON v. BORDEN et al.

64 S.W. 172

164 Mo. 221

STATE ex inf. MYLTON v. BORDEN et al.

Supreme Court of Missouri.

June 29, 1901.

SPECIAL LEGISLATION—TITLE OF ACT.

1. Act March 14, 1901, creating a board of public works in cities of 100,000 and less than 150,000 inhabitants, violates Const. art. 4, § 53, prohibiting any special laws changing the charter of cities, and article 9, § 7, declaring that the legislature shall classify cities into not more than four classes, and that all cities of the same class shall possess the same powers; the classification being made by Rev. St. 1899, c. 91, declaring cities of 100,000 or more inhabitants cities of the first class, cities of 30,000 and less than 100,000 inhabitants cities of the second class, and so down for cities of the third and fourth classes.

2. Act March 14, 1901, entitled "An act creating a board of public works in cities of 100,000 and less than 150,000 inhabitants," and by sections 5, 12, 13, and 17 legislating for cities of the second class, violates Const. art. 4, § 28, providing that no bill shall contain more than one subject, which shall be expressed in its title.

In banc. Appeal from circuit court, Buchanan county.

Quo warranto, on information of James W. Mylton, prosecuting attorney, against Charles J. Borden and others. Demurrer to return was sustained, and defendants appeal. Affirmed.

W. K. Amick and J. A. Moran, for appellants. H. M. Ramey and Stauber, Crandall & Strop, for respondent.

BRACE, J.

This is a suit in the nature of a quo warranto by the prosecuting attorney of Buchanan county to oust the defendants from the office of board of public works of the city of St. Joseph, in which a demurrer to their return to the writ was sustained by the circuit court, and from the judgment thereon this appeal is prosecuted. The defendants claim right to the office by virtue of an election held in pursuance of an act of the general assembly "approved March 14, 1901," which is as follows:

"An act creating a board of public works in cities of 100,000 and less than 150,000 inhabitants, prescribing its powers and duties, and repealing all acts or parts of acts inconsistent therewith, with an emergency clause.

"Be it enacted by the general assembly of the state of Missouri, as follows:

"Section 1. There is hereby established in every city in this state now or hereafter containing 100,000, and less than 150,000 inhabitants, a board of public works to consist of three members, who shall be elected, and the city engineer who shall be ex officio a member thereof, but shall not vote in any matter coming before said board, which said board shall be known and designated as the board of public works of the city of ____

"Sec. 2. At the city election held in 1901 there shall be elected three members of said board to serve for one year. At the city election to be held in 1902, three members of said board shall be elected for four years, and three members of said board shall be elected every four years thereafter, to hold for a term of four years. No elective member of such board shall hold any other municipal office, or any state, county or federal office during his membership on said board. Any of said members may be removed for cause as other city officers may be removed, and vacancies in said board shall be filled as vacancies in other city offices are filled. Said elective members shall receive a salary of six hundred dollars ($600.00) per annum, to be paid monthly by the city in which said board is created, but the city engineer shall receive no compensation for his services as a member of said board.

"Sec. 3. There shall be a president of said board to be elected by the members thereof, who shall preside at all meetings of the board and perform such duties as appertain to such position.

"Sec. 4. Such board of public works shall be provided with an office by the city and shall meet at such office at least once each week for the transaction of business. Two members of said board shall constitute a quorum. In case of the absence, inability or refusal of the president to act at any meeting of said board, the members present may elect a temporary president who shall, for the time being, possess all of the powers of president of said board. Said board shall keep in its office a full and complete record of all its proceedings and such records shall be at all times open to the inspection of the public.

"Sec. 5. From and after the passage and approval of this act such board of public works shall appoint the city engineer and street commissioner in all cities of the second class, who shall hold their office under such appointment during the pleasure of the board, and said board shall also appoint or employ such assistants, inspectors and other employés as may be necessary. Said city engineer shall, under the direction of said board superintend the construction of all public works, make plans, specifications and estimates thereof, do all surveying and engineering ordered by the city and perform such other duties as may be prescribed by said board or by the ordinance. Said board shall fix the compensation of said engineer, but such compensation shall not exceed two hundred dollars ($200.00) per month. Said board shall appoint a chief clerk and such assistant clerks as may be necessary, who shall perform such duties as may be prescribed by said board. The compensation of such chief clerk shall be such as may be fixed by said board, provided such compensation shall not exceed the sum of one hundred and twenty-five dollars ($125.00) per month. The compensation of the street commissioner shall be $80.00 per month, and the compensation of the other employés herein authorized shall be fixed by said board from time to time. The salaries and compensation of such officers and employés shall be paid by the city as other employés of such cities are paid.

"Sec. 6. Said board shall supervise the grading and paving of all streets, avenues, alleys and public grounds; the cleaning, sprinkling, repairing, flushing, washing and improving of all streets, avenues, alleys and public places, except public parks; the construction, altering and repairing of all bridges, culverts, inlets, manholes, sewers, drains and water-courses within said city, and the flushing thereof when necessary; the laying of all gas, steam and water pipes and all conduits, together with all service connections and appurtenances thereto belonging; the issuing of permits for connecting with any gas, water, steam or sewer pipes or conduits; the laying and repairing of all sidewalks, cross-walks, curbing and guttering; the construction of all vaults under and area ways in any portion of said streets and sidewalks; the location and regulation of all telegraph, telephone, fire alarm and messenger poles, wires and conduits; the repairing of all city buildings, engine houses, water works, gas and light plants, and all other public buildings of said cities, except public libraries, and hereafter no permit for entering upon, disturbing or occupying for any purpose whatever the streets, alleys or public grounds of any such city shall be issued except by the board of public works hereby created.

"Sec. 7. Said board shall have charge [of] and purchase all supplies and materials needed for the city in its several departments under such rules and regulations as may be prescribed by said board.

"Sec. 8. From and after the passage and approval of this act all petitions for the paving, grading or repaving, regrading or reconstructing any street, alley, avenue or public way of the character contemplated in section 6 hereof shall be addressed and presented to said board of public works and said board shall speedily hear and determine all such applications or petitions. The board of its own motion may and upon presentation of a petition signed by the majority required by law shall prepare an ordinance for the improvements therein contemplated and submit such ordinance, together with a copy of the petition for such improvements, if there be a...