State v. Meier

• Decision Date: 06 August 1902
• Citation: 69 S.W. 668,96 Mo. App. 160
• Parties: STATE ex rel. ALOE INSTRUMENT CO. v. MEIER, Supply Commissioner.
• Court: Missouri Court of Appeals

69 S.W. 668

96 Mo. App. 160

STATE ex rel. ALOE INSTRUMENT CO. v. MEIER, Supply Commissioner.

Court of Appeals at St. Louis, Missouri.

August 6, 1902.

CITY OFFICERS — CONTRACT WITH CITY — ELECTION COMMISSIONERS.

1. The office of election commissioner of St. Louis being created by act of the legislature, the incumbents being appointees of the governor, and their functions applying to all elections (Rev. St. 1899, § 7223), such a commissioner is not a city officer, so as to prevent the corporation of which he is president making a contract with the city, under City Charter, art. 4, § 10, providing that city officers shall not be interested in a contract with the city.

Mandamus on the relation of the Aloe Instrument Company against Fred C. Meier, supply commissioner of the city of St. Louis. Defendant demurs to the alternative writ. Demurrer overruled.

C. H. Krum, for relator. C. W. Bates and W. F. Woerner, for respondent.

BLAND, P. J.

The substantial allegations of the alternative writ of mandamus are: That plaintiff is a corporation dealing in optical goods, supplies, etc., in the city of St. Louis. That A. S. Aloe is the president of the corporation. That on April 1, 1892, A. S. Aloe was appointed election commissioner in and for said city of St. Louis. That he has qualified, and is now acting as such commissioner. That defendant is supply commissioner of the city of St. Louis. That as such, in pursuance of section 2448 of the Municipal Code, he published in the newspaper doing the printing for the city of St. Louis the following advertisement: "Office of Commissioner of Supplies, City Hall, August 1, 1902. Sealed proposals will be received by the undersigned, to be opened at his office at 12 o'clock m. on Tuesday next, the 5th inst., for furnishing the fire department with 24 iron beds with woven-wire mattresses as per requisition 61. Beds must be like sample to be seen at engine house No. 6. Certified check for $100.00 must accompany each bid. Call on commissioner of supplies for blanks and further information. Bids must be in duplicate, free from all alterations or erasures, and to both the original and duplicate must be attached a copy of this advertisement. All bids having any alteration or erasure thereon will be rejected. The commissioner reserves the right to reject any or all bids. Fred C. Meier, Commissioner of Supplies." That relator prepared and submitted to the defendant in his official capacity a sealed bid or proposal by relator in conformity with said advertisement, which it (relator) believed, when opened, would be found the lowest bid or proposal submitted. That defendant refused to receive or entertain the bid on the ground that because of the office held by the president of the relator the corporation could not lawfully make a contract for supplies for the city. Defendant entered his voluntary appearance to the alternative writ, and filed his demurrer thereto, the third and fourth grounds of which are as follows: "(3) The facts stated in said alternative writ of mandamus show that the respondent, as commissioner of supplies of the city of St. Louis, cannot lawfully enter into a contract on behalf of the city of St. Louis with the plaintiff, the A. S. Aloe Instrument Company, for supplies to be furnished the city of St. Louis by said plaintiff. (4) No valid contract can be made between the city of St. Louis on the one part and the A. S. Aloe Instrument Company on the other for furnishing supplies to the city of St. Louis, or any of its departments or officials, while the president of said A. S. Aloe Instrument Company is election commissioner in and for the city of St. Louis." The demurrer raises the question whether or not relator is prohibited from contracting with the city. Section 10, art. 4, of the city charter, is as follows: "All elected and appointed officers, shall possess the following qualifications. They shall have been citizens of the United States and of the city of St. Louis for at least two years previous to their election and shall be able to read and write the English...