State v. Justices of County Court

• Decision Date: 21 June 1886
• Citation: 89 Mo. 237,1 S.W. 307
• Court: Missouri Supreme Court
• Parties: STATE <I>ex rel.</I> BOARD OF MANAGERS OF REFORM SCHOOL, ETC., v. JUSTICES OF COUNTY COURT, JACKSON CO.

1 S.W. 307

89 Mo. 237

STATE ex rel. BOARD OF MANAGERS OF REFORM SCHOOL, ETC., v. JUSTICES OF COUNTY COURT, JACKSON CO.

Supreme Court of Missouri.

June 21, 1886.

1. EVIDENCE — JUDICIAL NOTICE — CENSUS — POPULATION OF CITIES AND COUNTIES.

Courts will take judicial notice of the population of cities and counties within their jurisdiction, as shown by the census returns.

2. CONSTITUTIONAL LAW — SPECIAL LAWS — LAW APPLICABLE TO ONE COUNTY.

The Missouri statute (act of April 10, 1885) providing for the establishment of a reform school in each county having a city of 50,000 inhabitants, can apply to but one county in the state, and hence conflicts with section 53, art. 4, of the constitution.

Original proceedings by mandamus.

McCrary, Comingo, Boggiss & More, for the State. E. A. Andrews, C. A. Tichenor, and J. N. Southern, for the County.

SHERWOOD, J.

This is an original proceeding in this court, its object being to compel, by mandamus, the performance by the justices of the county court of Jackson county of certain duties enjoined upon them by the provisions of an act approved April 10, 1885. On the part of the respondents it is insisted that the act in question is unconstitutional. The first section of that act is as follows:

"Section 1. That in all counties in this state in which is located a city of over 50,000 inhabitants, there shall be, and there is hereby, established a reform school for the punishment, reform, and education of juvenile offenders, as hereinafter provided."

It is quite plain from this section that the act in question violates those provisions contained in section 53 of article 4 of the constitution of this state in relation to the passage of a local or special law. The first section (just quoted) shows that it was designed to operate in the present, and on an existing state of facts, i. e., "in all counties of this state in which is located a city of over 50,000 inhabitants." We take judicial notice of the census returns and Jackson county is the only county in the state to which that section can be made applicable, or was intended to be applied when the act was passed. This fact is as apparent as if that county was designated by name instead of by a circumlocution. In the case of State v. Herrmann, 75 Mo. 340, the subject of what constitutes a special law is fully considered, and it is not necessary that we traverse the same grounds again. Adhering to the views there announced, we deny the peremptory writ.

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