Ward v. County of St. Louis

• Decision Date: 06 November 1944
• Docket Number: No. 38359.,38359.
• Citation: 183 S.W.2d 68
• Parties: JOHN W. WARD, JR., Plaintiff in Error, v. COUNTY OF ST. LOUIS, Defendant in Error.
• Court: Missouri Supreme Court

183 S.W.2d 68

JOHN W. WARD, JR., Plaintiff in Error, v. COUNTY OF ST. LOUIS, Defendant in Error.

No. 38359.

Supreme Court of Missouri.

Division One, November 6, 1944.

Writ of Error to Circuit Court of County of St. Louis. — Hon. Julius R. Nolte, Judge.

AFFIRMED.

Joseph A. Falzone and J. Corder Delworth for plaintiff in error.

(1) The plaintiff as justice of the peace may exercise such powers and receive such compensation as is or may be provided by law. Art. 6, Sec. 37, Const. of Mo. (2) Prior to November 1, 1939, plaintiff, as an elected and qualified justice of the peace, was compensated for his services as such by the collection and retention of costs allowed by law. Sec. 11778, R.S. 1929. (3) Plaintiff as an elected and qualified justice of the peace is authorized, but is not duty bound to solemnize marriages, as an officer of the state, and is authorized by law to collect, receive and retain a fee of $2 for each marriage solemnized. Secs. 3363, 13400, R.S. 1939. (4) Sections 3363 and 13400 authorizing plaintiff as justice of the peace to solemnize marriages and to receive and retain a fee of $2 for each has not been repealed. Laws 1939, p. 340. (5) Article 8, Chapter 11, Sections 2752-2758, 1939, should be interpreted in accordance with the intent and purpose of the General Assembly; should be construed to harmonize and give effect, and was intended to be consistent and harmonious. Cairo Bridge Co. v. Mitchell, 181 S.W. (2d) 496; Metropolitan Life Ins. Co. v. Scheuffler, 180 S.W. (2d) 742; State ex rel. v. Green, 180 S.W. (2d) 110. (6) Article 8, Chapter 11, R.S. 1939, does not and was not intended to substitute a salary for, or to deprive plaintiff and other justices of St. Louis County of the right to collect and retain $2 fee for solemnizing a marriage and does not and was not intended to require plaintiff to account for and pay over to the county treasurer the $2 collected for solemnizing a marriage. Art. 8, R.S. 1939; Secs. 3363, 13400, R.S. 1939; St. Louis v. Sommers, 50 S.W. 102; Smith v. Pettis County, 136 S.W. (2d) l.c. 288. (7) Article 8, Chapter 11, Sections 2752-2758, R.S. 1939, is a Revisions Act and therefore, the title to the revised act, Article 8, Chapter 10, R.S. 1929, becomes a part of said 1939 Act. Laws 1939, p. 340; Laws 1915, p. 324.

Erwin F. Vetter for defendant in error.

A justice of the peace must account for all fees received "by virtue of his office," and this includes fees charged for the solemnization of marriages. Secs. 2753, 2755, R.S. 1939; State ex rel. v. Gass, 317 Mo. 744, 296 S.W. 431.

GANTT, J.

Action by plaintiff Ward for a declaratory judgment construing certain sections of the statute. As a justice of the peace in Clayton Township, St. Louis County, he is paid a salary of $2000. [Sec. 2752, R.S. 1939.] He is required to pay to the county treasurer fees collected by him. However, he contends that he is not required to account for fees collected for solemnizing contracts of marriage. The trial court ruled that he was required to do so.

Plaintiff may solemnize contracts of marriage. [Sec. 3363, R.S. 1939.] He is not required to do so. If he does so, he is allowed $2.00 for the service (Sec. 13400, R.S. 1939), which...