State v. Walbridge

CourtMissouri Supreme Court
Writing for the CourtBrace
Citation54 S.W. 447,153 Mo. 194
PartiesSTATE ex rel. CHAPMAN v. WALBRIDGE et al.
Decision Date14 November 1899
54 S.W. 447
153 Mo. 194
STATE ex rel. CHAPMAN
v.
WALBRIDGE et al.
Supreme Court of Missouri, Division No. 1.
November 14, 1899.

POLICEMEN — DISCHARGE — COMPENSATION.

1. 2 Rev. St. 1889, p. 2192 et seq., § 6, declares that "policemen" shall hold office for four years, and be subject to removal for cause only. Section 7 declares that the "officers of police," including "turnkeys," shall be appointed by the board of police commissioners for such time as the board shall determine, and be subject to removal for cause. Held, that where relator was appointed "policeman," and before the expiration of four years from his appointment, at his own request, he was reduced to "turnkey," and, after the expiration of four years, he was again appointed policeman, a new term commenced from the latter appointment; and hence the board was not entitled to summarily remove him during his term of four years from the latter appointment.

2. Where a policeman is illegally discharged by the board of police commissioners, he is entitled to a salary for his unexpired term, though he discharges or offers to discharge no duties.

Appeal from St. Louis circuit court; Selden P. Spencer, Judge.

Mandamus by the state, on relation of John N. Chapman, against Cyrus P. Walbridge and others. Judgment for relator, and defendants appeal. Reversed and entered.

B. Schnurmacher and Chas. C. Allen, for appellants. Benj. J. Klene, for respondent.

BRACE, P. J.


The appellants are the board of police commissioners of the city of St. Louis. This appeal is taken from a judgment of the circuit court of said city granting a peremptory writ of mandamus commanding the said board of police commissioners to rescind its order of October 22, 1895, dropping relator from the rolls of the police force of said city, to reinstate him as a policeman for the unexpired term of four years beginning July 1, 1893, and to issue to relator a warrant upon the city treasurer for $1,352.79, compensation found to be due him from October 22, 1895, to the day of judgment. The case was submitted and decided in the circuit court on the following agreed statement of facts: "It is hereby stipulated and agreed by and between the relator and respondents herein as follows: That the records of the board of police commissioners show the following proceedings with respect to the employment and service of the relator as a member of the police force of the city of St. Louis, to wit: That on the 11th day of September, 1888, the relator, John N. Chapman, who was `nominated on the force as an emergency special by Mr. Vice President Blair, September 4, 1889, having passed a satisfactory physical examination, and complied with rule 96 of the manual, was called before the board and interrogated. Said Chapman was informed that his appointment was temporary, and subject to terminate at any time at will of board, and that his salary as an emergency special would be fixed at the rate of sixty dollars per month. Said Chapman agreed to accept the appointment upon these conditions. He was on motion appointed an emergency special, sworn in and ordered to be assigned to duty.' That thereafter, on the 19th day of March, 1889. `upon the recommendation of Capt. Saml. J. Boyd, emergency special John N. Chapman, 3d Dist., was promoted to the rank of patrolman, to take effect April 1, 1889.' That thereafter, on January 5, 1892, `on motion,

54 S.W. 448

and at his own request, patrolman John N. Chapman, 6th Dist., was reduced to the rank of turnkey, to take effect January 5, 1892.' That thereafter, on June 15, 1893, `on motion of Mr. Small, turnkey John N. Chapman, 6th Dist., was promoted to the rank of patrolman, to take effect July 1, 1893,' where he continued to serve until October 22, 1895. That on October 22, 1895, `it was moved that the minutes of the last meeting be corrected as follows: That George H. Chappell, of the 6th district, be reinstated as patrolman, and that John N. Chapman, whose term of service has expired, be not reappointed, and that he be dropped from the rolls, to correct a clerical error.' It is further agreed that since the 1st day of July, 1893, the regular pay of patrolmen has been $83.33 1/3 per month, and that this is the compensation relator was receiving on and prior to October 22, 1895, which was paid him by the treasurer of the city of St. Louis on warrant, duly signed by the president and secretary of the board of police commissioners, which offices are now held respectively by Cyrus P. Walbridge, president, and Wm. O. Keeble, secretary."

The law governing the case is found in article 29 of the city charter (2 Rev. St. 1889, p. 2192 et seq.). By section 6 of that act, authorizing the board of police commissioners "to appoint, enroll and employ a permanent police force for the city of St. Louis," after providing the number of "policemen, * * * exclusive of officers," that shall be employed at the first organization, and that no person shall be "appointed or employed as policeman or officer of police who shall have been convicted of" an infamous crime, etc., it is further provided that: "The policemen shall be employed to serve four years, and be subject to removal only for cause, after a hearing by the board, who are hereby invested with exclusive jurisdiction in the premises. Any policeman whose term of service shall expire, and who, during his appointment, shall have faithfully performed his duty, shall, if otherwise qualified, be preferred by the board in making their new appointments." And by section 7 it is provided that: "The officers of police shall be as follows: One chief of police, who shall give bond, with security in the penal...

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44 practice notes
  • Coleman v. Kansas City, No. 38151.
    • United States
    • United States State Supreme Court of Missouri
    • June 7, 1943
    ...sec. 126; 2 McQuillin, Mun. Corps. (2 Ed.), sec. 534; Givens v. Daviess Co., 107 Mo. 603, 17 S.W. 998; State ex rel. Chapman v. Walbridge, 153 Mo. 194, 54 S.W. 447; Gambrel v. City of Sacramento, 110 Pac. (2d) 530; Griffin v. County Clay, 63 Iowa, 413, 19 N.W. 327; Coleman v. Kansas City, 1......
  • State ex rel. Gallagher v. Kansas City, No. 28663.
    • United States
    • United States State Supreme Court of Missouri
    • April 4, 1928
    ...during the period of unlawful discharge. State ex rel. Rundberg v. Kansas City, 206 Mo. App. 17; State ex rel. Chapman v. Walbridge, 153 Mo. 194; State ex rel. Hamilton v. Kansas City, 303 Mo. 50; State ex rel. Langford v. Kansas City, 261 S.W. 115; State ex rel. Stomp v. Kansas City, 281 S......
  • City of Meridian v. Beeman, 31979
    • United States
    • United States State Supreme Court of Mississippi
    • March 30, 1936
    ...courts have impliedly recognized police officers as public officers. Larson v. St. Paul, 83 Minn. 473, 86 N.W. 459; State v. Wallridge, 153 Mo. 194, 54 S.W. 477; Section 2434, Code of 1930. The City of Meridian is not liable for any damages in this case, because it was injury occasioned by ......
  • Coleman v. Kansas City, No. 39027.
    • United States
    • Missouri Supreme Court
    • July 3, 1944
    ...126; 2 McQuillin, Mun. Corps. (2 Ed.), sec. 534; Givens v. Daviess County, 107 Mo. 603, 17 S.W. 998; State ex rel. Chapman v. Walbridge, 153 Mo. 194, 54 S.W. 447; Gambrel v. City of Sacramento, 110 Pac. (2d) 530; Griffin v. County Clay, 63 Iowa, 413, 19 N.W. 327; Coleman v. Kansas City, 156......
  • Request a trial to view additional results
42 cases
  • Coleman v. Kansas City, No. 38151.
    • United States
    • United States State Supreme Court of Missouri
    • June 7, 1943
    ...sec. 126; 2 McQuillin, Mun. Corps. (2 Ed.), sec. 534; Givens v. Daviess Co., 107 Mo. 603, 17 S.W. 998; State ex rel. Chapman v. Walbridge, 153 Mo. 194, 54 S.W. 447; Gambrel v. City of Sacramento, 110 Pac. (2d) 530; Griffin v. County Clay, 63 Iowa, 413, 19 N.W. 327; Coleman v. Kansas City, 1......
  • State ex rel. Gallagher v. Kansas City, No. 28663.
    • United States
    • United States State Supreme Court of Missouri
    • April 4, 1928
    ...during the period of unlawful discharge. State ex rel. Rundberg v. Kansas City, 206 Mo. App. 17; State ex rel. Chapman v. Walbridge, 153 Mo. 194; State ex rel. Hamilton v. Kansas City, 303 Mo. 50; State ex rel. Langford v. Kansas City, 261 S.W. 115; State ex rel. Stomp v. Kansas City, 281 S......
  • Block v. United States Fidelity & Guaranty Co., No. 25914.
    • United States
    • United States State Supreme Court of Missouri
    • November 23, 1926
    ...judgment to be given and entered by the circuit court. Dickson v. Rouse, 80 Mo. 224; State ex rel. v. Walbridge, 153 Mo. loc. cit. 204, 54 S. W. 447; Donnell v. Wright, 199 Mo. loc. cit. 312, 97 S. W. 928. The item of $500 attorney's fees allowed by the jury as a penalty for vexatious refus......
  • Cowan v. State ex rel. Scherck, 2200
    • United States
    • United States State Supreme Court of Wyoming
    • September 19, 1941
    ...to an action for mandamus, brought for the purpose of restoration to office. To that effect, too, are State ex rel. v. Walbridge, 153 Mo. 194, 54 S.W. 447; State ex rel. v. Brodie, 177 Mo.App. 382, 164 S.W. 233. The rule of these cases must commend itself to all those who would not subordin......
  • Request a trial to view additional results

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