State v. Field

• Decision Date: 21 December 1889
• Parties: STATE ex rel. KANSAS CITY v. FIELD, Judge.
• Court: Missouri Supreme Court

12 S.W. 802

99 Mo. 352

STATE ex rel. KANSAS CITY v. FIELD, Judge.

Supreme Court of Missouri.

December 21, 1889.

MUNICIPAL CORPORATIONS — DEFECTIVE STREETS.

Const. Mo. art. 9, § 16, provides that a city of more than 100,000 inhabitants may frame a charter for its own government, and prescribes the manner of its adoption. Act Mo. March 10, 1887, repeats the provisions of the constitution, and provides, further, that, upon the expiration of 30 days after a ratification and adoption of such charter, "it shall be and constitute the entire organic law of such city, and shall supersede all laws of this state then in force in terms governing or appertaining to cities having one hundred thousand inhabitants or more." Held, that the provisions of a city charter adopted under the constitution and enabling act, regarding the assessment of damages and benefits caused by grading the streets of that city, supersede the provisions of Act Mo. March 26, 1885, as amended by Act March 31, 1887, relating to assessment of damages and benefits arising from the grading of streets in cities.

Mandamus.

Application of the state, on the relation of Kansas City, for a writ of mandamus against Richard Field, judge of the circuit court.

O. H. Dean, for relator. Gage, Ladd & Small, for respondent.

BLACK, J.

Kansas City, by its proper officers, filed in the circuit court of Jackson county a certified copy of an ordinance to grade a designated street, and asked the respondent, who is one of the judges of that court, to appoint commissioners under article 8 of its charter to assess damages and benefits. The respondent declined to make the appointment under the provisions of the charter, on the ground that article 8 is in conflict with the laws of the state, and for that reason void. Hence this application for the writ of mandamus. The question in the case is whether the commissioners should be appointed and the proceedings had under the charter, or under the act of the legislature of March 26, 1885, (Acts 1885, p. 47,) as amended by the act of March 31, 1887, (Acts 1887, p. 37.) Both the charter and this act of the legislature, as amended, point out a procedure for the assessment of damages and benefits in such cases, but they are so different that the court in following one must of necessity disregard and exclude all consideration of the other. The question is therefore one of vital importance to the validity of such proceedings in Kansas City. The act of 1885, as amended, is a general law, and in terms applies to all cities in this state, except those of the second class organized under the general law, and prescribes a method for the assessment of damages and benefits arising from grading and regrading streets in cities. It embraces no other subject, and was designed to carry into effect section 21 of article 2 of the constitution, which says private property shall not be taken or damaged for public use without just compensation. Prior to the adoption of its present charter, Kansas City was governed by a special act, so there can be no doubt but the act of 1885, as amended, applied to that city. The question in this case, therefore, resolves itself into this, whether Kansas City is, by force of its recent charter, withdrawn from the operation of the act of 1885 and the amendment thereto. The present charter was adopted by the qualified voters at an election held on the 8th April, 1889, by authority of section 16 of article 9 of the constitution, and of the act of the legislature of March 10, 1887, (Acts 1887, p. 42.) Section 16 of article 9 of the constitution provides: "Any city having a population of more than one hundred thousand inhabitants may frame a charter for its own government, consistent with and subject to the constitution and laws of the state, by causing a board of thirteen freeholders" to be elected, who shall return to the mayor a draft of the charter. The proposed charter shall then be submitted to the qualified voters, and, if ratified, "it shall, at the end of thirty days thereafter, become the charter of such city, and supersede any existing charter and amendments thereof." The charter may be amended by...