State ex rel. Faxon v. Owsley

26 S.W. 659, 122 Mo. 68, 1894 Mo. LEXIS 41
CourtSupreme Court of Missouri
DecidedMay 14, 1894
StatusPublished
Cited by17 cases

This text of 26 S.W. 659 (State ex rel. Faxon v. Owsley) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Faxon v. Owsley, 26 S.W. 659, 122 Mo. 68, 1894 Mo. LEXIS 41 (Mo. 1894).

Opinion

Bbaoe, J.

This is a proceeding by the state through the attorney general by way of information in the nature of a quo warranto, to oust the respondent from the office of recorder of voters of Kansas City, on the ground that the statute under which he was appointed to said office, and by virtue of which he is exercising its functions, is unconstitutional.

Kansas City is a city of more than one hundred thousand inhabitants. The constitution provides that “The general assembly shall provide, by law, for the registration of all voters in cities and counties having a population of more than one hundred thousand inhabitants, and may provide for such registration in cities having a population exceeding twenty-five thousand inhabitants and not exceeding one hundred thousand but not otherwise.” Art. 8, sec. 5. In pursuance of this constitutional provision an act of the legislature was passed, approved March 31, 1883, providing for the registration of voters in, and for' the appointment by the governor of a recorder of voters for, such cities. Sess. Acts, 1883, p. 38. This act was revised and amended in 1889. R. S., secs. 987 to 1013, inclusive.

[72]*72The original act provided that “All the costs and expenses of registration and of the office of recorder of voters required by this act in any such cities shall be paid out of the city treasury of such city.” Sec. 25. In the revision, this act was put in chapter 30 of the Revised Statutes entitled “Cities, Town and Villages,” and in article 2 of that chapter, entitled “Cities of the First Class,” introduced by a new section, providing that “In all cities of the first class ancl all cities whose population entitles them to become cities of the first class, .there shall be a registration of all the qualified voters,- and the registration of the voters and the conduct of the elections held in such cities shall be governed by the following provisions, subject, to the general law concerning elections.” R. S. 1889, sec. 987.

And section 25 of the original act was so amended as to read as follows: “All the costs and expenses of registration and election, and of the office of recorder of voters, required by this article in any such cities, shall be paid one-half out of the city treasury and one-half out of the county treasury, except in cities not within a county, in which cities all shall be paid out of the city treasury "* * R. S. 1889, see. 1011.

By virtue of an election held on the ninth of April, 1889, under the provisions of section 16, article 9, of the constitution, on the ninth of May thereafter the city of Kansas framed a charter for its own government “in harmony with, and subject to, the constitution and laws of the state;” and is subject to the provisions of said act of 1883, amended as aforesaid, and the respondent is exercising the functions of the office of recorder of voters under said statute by virtue of the appointment of the governor by and with the advice and consent of the senate as therein provided.

The act of 1883, soon after its passage, came before this court for consideration in the case of Ewing v. [73]*73Hoblitzelle, 85 Mo. 64, in which its constitutionality was brought in question, and in which its constitutionality was sustained in the following terms: “The act in question, as we have seen, provides for the registration of voters in cities having more than one hundred thousand inhabitants, and the power to pass such a law is not only directly conferred by section 5, article 8, of the constitution, but the general assembly is expressly required and commanded to pass such a law; and in exercising the power thus conferred, and the duty thus ■enjoined, the legislature might, as it did, incorporate in the law such provisions as to make its exercise ■effectual for the purpose intended to be accomplished; and as such registration could not be accomplished without the designation of some officer upon whom the duty of making it is imposed, the power of the legislature to create the office, designate the officer, prescribe his duties, and provide for his appointment or ■election is necessarily implied from and included in the power expressly conferred to provide such registration. The legislature, being thus empowered, had the right to include in the act for the registration of voters any subject naturally or necessarily connected- with it or flowing from it as incident thereto.”

In view of the ruling in that case and in the subsequent one of State ex rel. v. Dolan, 93 Mo. 467, and the fact that registration under this act was in force and its provisions conformed to at all elections held in Kansas City for years prior to, and at, the time its •citizens framed the charter of 1889, in which they embodied a compliance with its requirements as a necessary qualification for all voters at elections therein held (Charter, art. 1, sec. 8; art. 17, secs. 27, 39; art. 17, sec. 141) we deem it unnecessary to review the argument of counsel, questioning the power of the legislature to pass the act, so far as its general scope [74]*74and purpose is. concerned; or to make any observations on tbe claim of relators, citizens of Kansas City, that it is obnoxious to the principle of local self government which it is said pervades the constitution — and •come to the real question at issue and which has not been hitherto directly passed upon by this court. The relators contend that section 1011, supra, which requires that all the costs and expenses of registration and elections, and of the office of recorder of voters, shall be paid out of the city and county treasuries is obnoxious to the provisions of sections 1, 3, 8, 9 and 10, article 10, of the constitution, and that that section of the act being unconstitutional and void, the other provisions of the act are so intimately connected with and dependent upon it as to render the act incapable of enforcement without it, and consequently the whole act is void.

The constitutional provisions aforesaid are as follows :

‘‘gee. 1. The taxing power may be exercised by the general assembly for state purposes, and by counties and other municipal corporations, under authority granted to them by the general assembly, for county and other corporate purposes.”
“Sec. 3. Taxes may be levied and collected for public purposes only. They shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax, and all taxes shall be levied and collected by general laws.”
“Sec. 8. The state tax on property, exclusive of the tax necessary to pay the bonded debt of the state, shall not exceed twenty cents on the hundred dollars valuation; and whenever the taxable property of the state shall amount to nine hundred million dollars, the rate shall not exceed fifteen cents.
“Sec. 9. No county, city, town, or other munic[75]*75ipal corporation, nor the inhabitants thereof, nor the-property therein, shall be released or discharged from their or its proportionate share of taxes to be levied for state purposes * * *.
“Sec. 10. The general assembly shall not impose-taxes upon counties, cities, towns or other municipal corporations or upon the inhabitants or property thereof, for county, city, town or other municipal purposes but may, by general laws, vest in the corporate-authorities thereof the power to assess and collect taxes for such purposes.”

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Backman v. Salt Lake County
375 P.2d 756 (Utah Supreme Court, 1962)
Kansas City v. Frogge
176 S.W.2d 498 (Supreme Court of Missouri, 1943)
State Ex Rel. Volker v. Carey
136 S.W.2d 324 (Supreme Court of Missouri, 1940)
State Ex Rel. Volker v. Kirby
136 S.W.2d 319 (Supreme Court of Missouri, 1940)
Kansas City v. J. I. Case Threshing MacHine Co.
87 S.W.2d 195 (Supreme Court of Missouri, 1935)
Covington Bridge Commission v. City of Covington
79 S.W.2d 216 (Court of Appeals of Kentucky (pre-1976), 1934)
State Ex Rel. Field v. Smith
49 S.W.2d 74 (Supreme Court of Missouri, 1932)
State Ex Rel. Carpenter v. City of St. Louis
2 S.W.2d 713 (Supreme Court of Missouri, 1928)
State Ex Rel. Zoological Board of Control v. City of St. Louis
1 S.W.2d 1021 (Supreme Court of Missouri, 1928)
State v. Pierce County
231 P. 801 (Washington Supreme Court, 1925)
Thurston, County Treasurer v. Caldwell
1913 OK 714 (Supreme Court of Oklahoma, 1913)
Salt Lake County v. Salt Lake City
134 P. 560 (Utah Supreme Court, 1913)
Ex parte Loving
77 S.W. 508 (Supreme Court of Missouri, 1903)
State ex rel. McCaffery v. Mason
55 S.W. 636 (Supreme Court of Missouri, 1900)
State ex rel. Hawes v. Mason
54 S.W. 524 (Supreme Court of Missouri, 1899)
State ex rel. Lynn v. Board of Education
41 S.W. 924 (Supreme Court of Missouri, 1897)
Kansas City ex rel. North Park District v. Scarritt
30 S.W. 111 (Supreme Court of Missouri, 1895)

Cite This Page — Counsel Stack

Bluebook (online)
26 S.W. 659, 122 Mo. 68, 1894 Mo. LEXIS 41, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-faxon-v-owsley-mo-1894.