State v. Hughes

• Decision Date: 25 May 1891
• Citation: 16 S.W. 489,104 Mo. 459
• Parties: STATE ex rel. HUGHLETT v. HUGHES, Judge, et al.
• Court: Missouri Supreme Court

16 S.W. 489

104 Mo. 459

STATE ex rel. HUGHLETT v. HUGHES, Judge, et al.

Supreme Court of Missouri, Division No. 1.

May 25, 1891.

CONSTITUTIONAL LAW — TITLE OF ACT — ADDITIONAL TERMS OF COURT.

1. Sess. Acts Mo. 1889, p. 68, is entitled "An act to repeal Rev. St. Mo. c. 23, art. 4, § 1147," and to enact a new section in lieu thereof, providing for the times and places of holding circuit court in Audrain, Pike, Lincoln, and Montgomery counties. Under the old section two terms each year were held in Montgomery county, both at Danville, the county-seat. The amended section provided for two additional terms to be held at Montgomery City, and made it the duty of the clerk and sheriff to make the necessary preparations therefor. Held, that the act was not in conflict with Const. Mo. art. 4, § 28, providing that no bill shall contain more than one subject, which shall be expressed in its title.

2. It is not in conflict with article 4, § 54, providing that "no local or special law shall be passed until notice of the intention to apply therefor shall have been published in the locality."

3. It is not in conflict with article 9, § 2, providing that "the general assembly shall have no power to remove the county seat of any county."

4. An injunction in the name of the state on the relation of the prosecuting attorney against the circuit judge, the clerk, and the sheriff was the proper remedy by which to test the validity of the act.

Appeal from circuit court, Montgomery county. ALEXANDER MARTIN, Special Judge.

D. H. McIntyre and Warner Lewis, for appellant. G. Pitman Smith, for respondent.

BRACE, J.

The 35th general assembly passed an act approved April 11, 1889, entitled "An act to repeal section 1147 of article 4, chapter 23 of the Revised Statutes of Missouri, entitled `Circuit Courts,' and to enact a new section, to be numbered 1147, in lieu thereof, providing for the times and places of holding circuit courts in Audrain, Pike, Lincoln, and Montgomery counties." Sess. Acts 1889, p. 68. By article 3 of the constitution of this state the powers of government are divided into three distinct departments, — the legislative, executive, and judicial. By article 6, § 1, the judicial power is vested in the circuit and other courts therein specified. By section 22 of said article original jurisdiction, both civil and criminal, in all cases not otherwise provided for by law, is vested in the circuit court, and concurrent jurisdiction with and appellate jurisdiction from inferior tribunals, as may be provided by law; and by section 23 of the same article a superintending control over all inferior tribunals is given to the circuit court. By section 22 it is further provided that "it shall hold its terms at such times and places in each county as may be by law directed, but at least two terms shall be held every year in each county." Section 24 requires the division of the state into convenient circuits, and the election of a judge in each circuit. Article 4, c. 23, Rev. St. 1879, is the general law enacted for the purpose of putting in operation the foregoing constitutional provisions, by providing for the election of circuit judges, the division of the state into judicial circuits, and appointing the times and places when and where terms of the circuit court shall be held in each judicial circuit. Section 1147 of that article appoints the times and places for holding circuit courts in the third judicial circuit, composed of the counties of Audrain, Pike, Lincoln, and Montgomery. By this section but two terms of the circuit court were required to be held in Montgomery county. By the act of April 11, 1889, no change in the terms of the court to be held in either of the other counties of the circuit is made, but the act requires that four terms of the circuit court be held in Montgomery county, — two at Danville, the county-seat, and two at Montgomery City in said county. The defendants are the judge of the third judicial circuit, and the clerk and sheriff of Montgomery county. The terms of the circuit court in said county having always hitherto been held at the county-seat, it was necessary that a proper house should be selected, and conveniences prepared for the transaction of business at Montgomery City. The act authorized said officers to make these preparations, and contains other provisions incident to the holding of two more terms of the circuit court at a place other than the county-seat in said county. The defendants were proceeding to perform the preparatory acts enjoined upon them by this act, when this proceeding by injunction was instituted. Hon. ALEX MARTIN was selected as special judge. A temporary injunction was refused. Upon final hearing the bill was dismissed, and the relator appeals. The relator maintains that the defendants ought to be restrained from performing the ministerial acts required of them by said amendatory act, and essential to carry into effect its provisions for holding two terms of the circuit court at Montgomery City, on the ground that the act is unconstitutional. The provisions of the constitution to which he claims it is obnoxious are: Section 28, art. 4. "No bill (except appropriation bills * * *) shall contain more than one subject, which shall be clearly expressed in its title." Section 54, art. 4. "No local or special law shall be passed unless notice of the intention to apply therefor shall have been published in the locality where the matter or thing to be affected may be situated." Section 2, art. 9. "The general assembly shall have no power to remove the county seat of any county."

1. As the judicial circuits of the state are generally composed of several counties, all presided over by one judge, in order that there may be no conflict of terms, it is necessary that the time of holding terms of court in each county shall be arranged with reference to the terms to be held in the other counties of the same circuit. The subject of appointing the terms of the circuit court for the several counties composing a single circuit is therefore a single subject, and it has always been the practice of the legislature to...