State v. Knott

• Decision Date: 27 November 1907
• Citation: 207 Mo. 167,105 S.W. 1040
• Parties: STATE ex rel. TEDFORD v. KNOTT et al.
• Court: Missouri Supreme Court

105 S.W. 1040

207 Mo. 167

STATE ex rel. TEDFORD v. KNOTT et al.

Supreme Court of Missouri.

November 27, 1907.

1. STATES — OFFICERS — REMOVAL — NOTICE.

Relator was appointed chief grain inspector under Rev. St. 1899, § 7624 [Ann. St. 1906, p. 3654], providing that his term should be four years. Section 7654 [page 3663] placed his office under the immediate direction of the Board of Railroad and Warehouse Commissioners, and section 7662 [page 3665], authorized his removal by such commissioners for misconduct on written charges. Held that, relator being also required to take an official oath and enter into an official bond, he was a state officer and was only removable on charges after service of a reasonable notice and hearing, though the statute in terms did not require such notice.

2. CERTIORARI — WHEN MAINTAINABLE.

Where relator was removed from his office of chief state grain inspector without being served with a copy of the charges and without a reasonable previous notice of hearing and an opportunity to have counsel or summon witnesses, the order of removal was without jurisdiction and was reviewable on certiorari, no other proceeding for review having been provided.

In Banc. Certiorari by the state, on relation of Fred H. Tedford, against John A. Knott and others to review respondents' decision removing relator from the office of chief state grain inspector. Reversed.

Brown, Harding & Brown, for relator. Reed, Yates & Mastin, for respondents.

GANTT, J.

The relator, Tedford, applied to this court in January of this year for a writ of certiorari directed to the respondents as the Board of Railroad and Warehouse Commissioners of this state to certify to this court the proceedings had by the said board on the 8th of January, 1907, wherein and whereby they discharged, dismissed, and removed the relator from his office as chief grain inspector of this state. The application was granted, and the writ issued returnable on or before January 23d. The respondents in due time made their return, wherein they stated that at the regular session of said board, held at Kansas City in this state, certain charges in writing, duly verified by the affidavit of the complainant, were filed with the said board by one Baxter Brown, a copy of which said charges was made a part of the return. These charges in substance were that in the month of May, 1906, the relator, without authority, discharged one McVeigh, who had theretobefore been the deputy grain inspector of said board, and that after the removal of said McVeigh he asked for a hearing before the board for reinstatement by them, and on said hearing, relator failed and refused to produce any evidence or show any legal cause for the removal of said McVeigh, and thereupon the said board set aside the order of removal, but the relator, in defiance of the action of the board, refused to reinstate McVeigh or put him upon the pay roll; that on or about the 2d of August, 1906, the said Tedford without authority of law, undertook to and did discharge Baxter Brown, who prior to that time had been engaged as chief clerk in the grain inspection department in Kansas City, and refused to permit said Brown to perform his duties as chief clerk; that the relator had violated the statutes of the state of Missouri, in that at divers and sundry times he had permitted the receipt of grain in public warehouses without said grain being inspected and graded by the duly authorized inspector during the year 1906; that the said relator is and for a long time had been, under the orders and rules of the Board of Railroad and Warehouse Commissioners, the custodian of a certain fund consisting of the proceeds of fees and dues collected for the inspection and weighing of grain; that on or about the month of November, 1906, the said board, by order duly made, directed the relator to give good and sufficient bond in the sum of $25,000 for his faithful accounting of said funds; that he has failed, neglected, and refused to give said bond, and that in all the matters aforesaid he has been guilty of improper official acts of insubordination, and has seriously impaired the efficiency of the grain inspection department. These charges were made and sworn to on the 8th of January, 1907. The record discloses that the Board of Railroad and Warehouse Commissioners met on Tuesday, January 8, 1907, at 7:30 o'clock, and the meeting continued until about 10:30 p. m. The record then recites: "The conference having concluded its deliberations, the chairman, Knott, asked if there was any further business, when Mr. Baxter Brown of Kansas City arose and stated that he had a matter to present to the board, and asked the secretary to read a copy of the charges above noted, which were then read by the secretary." At the conclusion of the reading of the foregoing charges the record recites: "Chairman Knott asked Chief Inspector Tedford what he had to say in answer to the charges preferred against him by Mr. Brown. Mr. Tedford replied that the charges were not true, but he had no time at such an hour and on such short notice to prepare his answer, and asked for more time. Mr. Knott replied that the entire inspection department force was present and that Mr. Tedford could question Mr. Brown's witnesses and call any member of the force to testify in his behalf. Mr. Brown stated that he was ready to submit testimony in proof of his allegations. Commissioner Wightman objected to proceeding further in the matter at that time; that Chief Inspector Tedford should have a reasonable length of time in which to prepare his answer, and he moved that the board postpone further action for ten days in order that Mr. Tedford might have sufficient time in which to prepare his reply to the charges. Chairman Knott offered as a substitute that the board proceed to an immediate...