State v. Marion County Court

Decision Date21 May 1895
Citation31 S.W. 23,128 Mo. 427
PartiesSTATE ex rel. DICKASON v. MARION COUNTY COURT et al.
CourtMissouri Supreme Court

1. The court will take judicial notice of the last official United States census to determine the population of a county. 30 S. W. 103, affirmed.

2. Bonds issued by a township funding railroad-aid bonds are "township indebtedness," within the meaning of Rev. St. 1889, § 4575, providing for the application of a portion of the license tax on saloons, in a township which has compromised its indebtedness, in payment of the township indebtedness. 30 S. W. 103, affirmed.

3. It is sufficient to entitle an amendatory act "An act to amend" certain sections of an authorized version of the statutes, without any other description of the subject of the amending act. 30 S. W. 103, affirmed.

4. The title "Of Dramshops," is broad enough to cover a provision as to the application of funds arising from license taxes on saloons. 30 S. W. 103, affirmed.

5. Rev. St. 1889, § 4575, providing for a certain application of the proceeds of license taxes on saloons, in counties having a stated population or less, is not special legislation. 30 S. W. 103, affirmed.

6. Rev. St. 1889, § 4575, authorizing the county court to levy a certain license tax on saloons "for county purposes," and providing that in certain townships a certain proportion of the funds so raised shall be used to pay the "township indebtedness," is not unconstitutional, as diverting the county revenue for township purposes, as such funds are vested in the county only as governmental agent for the township. 30 S. W. 103, affirmed.

7. Such act is not in violation of Const. art. 4, § 45, as a pledging of the state's credit in aid of a municipality. 30 S. W. 103, affirmed.

8. Nor does such act violate Const. art. 12, § 19, which forbids any law for the benefit of any corporation or individual "retrospective in its operation or which shall impose on the people of any county or municipal division of the state a new liability in respect to transactions already past." 30 S. W. 103, affirmed.

9. Nor is such act unconstitutional as a violation of the obligation of contracts. 30 S. W. 103, affirmed.

In banc. Appeal from court of common pleas, Hannibal county; Reuben F. Roy, Judge.

Application by the state upon the relation of taxpayers of the city of Hannibal, Marion county, against...

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103 cases
  • State v. Bixman
    • United States
    • Missouri Supreme Court
    • March 5, 1901
    ...v. Payne, supra; State v. County Court of Jackson Co., 102 Mo. 531, 15 S. W. 79; State v. Schofield, 41 Mo. 39; State v. County Court of Marion Co., 128 Mo. 427, 30 S. W. 103, 31 S. W. 23; Witzmann v. Railway Co., 131 Mo. 612, 33 S. W. 181; State v. Persinger, 76 Mo. 346. So, in the case of......
  • Owen v. Baer
    • United States
    • Missouri Supreme Court
    • February 20, 1900
    ... 55 S.W. 644 ... 154 Mo. 434 ... Supreme Court of Missouri ... February 20, 1900 ...         CONSTITUTIONAL ...         In banc. Appeal from circuit court, Jackson county; E. L. Scarritt, Judge ...         Suit by Robert S. Owen ... as follows: "An act concerning sewers and drains for cities in the state having special charters which now or hereafter contain more than 2,000 and ... 354; Lynch v. Murphy, 119 Mo. 163, 24 S. W. 774; State v. Marion County Court, 128 Mo. 427, 30 S. W. 103, 31 S. W. 23. Numerous statutes ... ...
  • State v. Roach
    • United States
    • Missouri Supreme Court
    • June 2, 1914
    ...been held good. Ex parte Loving, 178 Mo. 194, 77 S. W. 508; State ex rel. v. Wofford, 121 Mo. 61, 25 S. W. 851; State ex rel. v. Marion County Court, 128 Mo. 427, 30 S. W. 103, 31 S. W. 23; Lynch v. Murphy, 119 Mo. 163, 24 S. W. 774; State ex rel. v. Tolle, 71 Mo. 645; Ex parte Lucas, 160 M......
  • Katz v. Herrick
    • United States
    • Idaho Supreme Court
    • January 25, 1906
    ... ... KATZ, Appellant, v. C. E. HERRICK, Respondent Supreme Court of Idaho January 25, 1906 ... FOREIGN ... THE STATE-CONTRACTS IN VIOLATION OF LAW CANNOT BE ... ENFORCED-TITLE TO LEGISLATIVE ... incorporation with the Secretary of State and the county ... recorder of the county in which its principal place of ... business ... ...
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