State v. Sheehan

• Decision Date: 21 December 1916
• Docket Number: No. 18164.,18164.
• Citation: 190 S.W. 864,269 Mo. 421
• Parties: STATE ex rel. HARVEY v. SHEEHAN, City Auditor.
• Court: Missouri Supreme Court

190 S.W. 864

269 Mo. 421

STATE ex rel. HARVEY v. SHEEHAN, City Auditor.

No. 18164.

Supreme Court of Missouri. In Banc.

December 21, 1916.

Appeal from St. Louis Circuit Court; James E. Withrow, Judge.

Mandamus by the State, on the relation of Thomas B. Harvey, against Jeremiah Sheehan, Auditor of the City of St. Louis. Judgment for respondent, and relator appeals. Reversed, with directions for issuance of peremptory writ.

Thomas B. Harvey, of St. Louis, for appellant. William E. Baird, Charles H. Daues, and Truman P. Young, all of St. Louis, for respondent.

REVELLE, J.

This proceeding by mandamus originated in the circuit court of the city of St. Louis and seeks process against the city auditor to compel him to audit a certain certified itemized account for services rendered by relator for attending coroners' inquests, and to issue a warrant for the payment of said account.

The petition recites that appellant has since the 1st day of January, 1913, been circuit attorney of the city of St. Louis; that the city of St. Louis has more than 500,000 inhabitants; that the Forty-Seventh General Assembly of the state of Missouri enacted a law requiring the circuit attorneys of such cities to attend inquests held by coroners in cases of death caused by violence which might result in charges of felony, and provided further that said circuit attorneys should receive for such services the sum of $10 for each inquest so attended and that such fee should be paid as "other costs" by the city; that said act was passed with an emergency clause and was in full force and effect during all the time for which appellant makes charges, which charges cover and include services performed in the pursuance of said act in connection with 44 inquests over bodies of the nature described in said act; that a duly itemized and certified account for such services was certified to the city auditor for payment; that it then and there became the duty of such auditor to audit said account and to issue proper warrants in payment thereof; that there was at the time, and is now, sufficient money in the treasury of the city of St. Louis, appropriated and set apart for the maintenance of the office of the circuit attorney, to pay the amount of said claim; that the same cannot under the law be paid until it is first audited by the said auditor; and that the respondent has arbitrarily and unlawfully refused to audit said account or any part thereof.

The return admits that appellant is the circuit attorney as alleged, and that the respondent is the duly qualified and acting auditor of the city of St. Louis; that the city has more than 500,000 inhabitants, and that the law referred to in the petition was duly enacted with an emergency clause. The return alleges, however, that said act does not provide that the fee therein mentioned shall be paid by the city of St. Louis and that the said city is not liable to appellant for the fees demanded. The return further alleges that, if said act be interpreted as requiring the city to pay such fee, it could not apply to appellant, because at the time of its passage he was holding office and could not claim the benefits thereof because of section 8, art. 14, of the state Constitution. Upon the filing of this return, appellant filed a motion to strike out same and have judgment on the pleadings. His motion being overruled, he refused to further plead, and judgment was entered for respondent.

The first question presented is the construction and validity of the act of the Legislature (Laws 1913, p. 110), which is as follows:

"That the prosecuting or circuit attorney of cities that now have or may hereafter have 500,000 inhabitants or more is hereby required to attend inquests held by coroners in cases of death occurring by violence, and which may result in a charge of felony; and said prosecuting or circuit attorney shall make an investigation concerning said death and cause to be brought before the coroner any witnesses he may desire, and shall be permitted by the coroner to assist in the interrogation of witnesses for the full development of the circumstances leading up to and resulting in said death, and for his information concerning any possible criminal charge that may grow out of same, and for the aforesaid services there shall be taxed as costs a fee in favor of said prosecuting or circuit attorney of ten dollars for each aforesaid inquest, to be paid as other costs by the respective counties. It shall be the duty of each coroner to promptly notify the prosecuting attorney of his county or city of the time and place of inquisition concerning any death of the aforesaid character."

Respondent contends that the act quoted is void because meaningless and uncertain as to the things to which applicable and because local and special, if so construed as to make the word "counties," found in the latter provision of the act, include the city of St. Louis. The act is not skillfully drawn, and might, in the absence of recognized rules of construction, be so interpreted as to subject it to the charges made; but, in dealing with...