Stocke v. Edwards
Citation | 244 S.W. 802,295 Mo. 402 |
Decision Date | 27 October 1922 |
Docket Number | No. 24105.,24105. |
Parties | STOCKE v. EDWARDS et al. Board of Election Cam'rs. |
Court | United States State Supreme Court of Missouri |
Appeal from St. Louis Circuit Court; Robert W. Hall, Judge.
Action by Jacob Stocke against John B. Edwards and others, constituting the Board of Election Commissioners, of the City of St. Louis, Missouri, for an injunction. Judgment for defendants dismissing the bill on demurrer, and plaintiff appeals. Reversed.
E. E. Schowengerdt, A. W. Wenger, and Buder & Buder, all of St. Louis, for appellant.
Geo. F. Held and Oliver Senti, both of St. Louis, for respondents.
J. M. Lashly, of St. Louis, amicus curiæ.
This is an action by plaintiff as a resident and taxpayer of the city of St. Louis, seeking to enjoin defendants, who constitute the board of election commissioners of said city, from submitting to the voters and printing upon the official ballot at the coming general election to be held November 7, 1922, the names of the Republican, Democratic and Socialist Labor candidates for the office of assessor of the city of St. Louis. The suit involves the constitutionality of an act passed at an extra session of the Frty-First General Assembly. Laws of Missouri, Extra Session 1921, p. 107.
The facts in the case and the grounds upon which plaintiff assails the law in question are detailed in the petition, which is as follows:
"And" for his cause of action plaintiff states that the city of St. Louis is a city located within the boundaries of the state of Missouri, and according to the last United States census of the year 1920, it had, and still has, a population in excess of 500,000 inhabitants. That there will be held in said city on Tuesday, November " 7, 1922, a general state election and at said election, among other offices to be voted for, the defendants propose to submit to the voters of said city the office of `assessor of the city of St. Louis.' That the defendants are about to, and unless restrained by this honorable court will, have printed on the regular official blanket ballot to be submitted to the voters on said 7th day of November, 1922, the names of William Buder as the Republican candidate, George Hruska the Democratic candidate, and George Gerdes as the Socialist Labor candidate. That the office of assessor for the city of St. Louis is an appointive one under the charter of said city and has been duly filled by appointment of the mayor and one William. Buder is now the duly appointed, qualified, and acting assessor for said city, having been appointed for a period expiring April, 1925. That there is now no existing vacancy in said office.
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