Legal Opinion

State ex rel. Denison v. City of St. Louis

Supreme Court of Missouri

Decided October 15, 1886PublishedCited by 56 opinions

Appeal from Bt. Louis City Circuit Court. — Hon. Amos M. Thayek, Judge. By section five of the charter (2R. S., p. 1590), an appointed officer may be removed by the mayor or council for cause. By section eight (2 R. S., p. 1591), an appointed officer is subject to removal by a majority of the elected members of the council. Nothing in this section limits the right of removal to a case where cause shall exist for the same. The right to remove is absolute.

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Appeal from Bt. Louis City Circuit Court. — Hon. Amos M. Thayek, Judge. By section five of the charter (2R. S., p. 1590), an appointed officer may be removed by the mayor or council for cause. By section eight (2 R. S., p. 1591), an appointed officer is subject to removal by a majority of the elected members of the council. Nothing in this section limits the right of removal to a case where cause shall exist for the same. The right to remove is absolute. By section eleven (2 R. S., p. 1591), it is made the duty of the mayor or council to remove an officer, whether elected or appointed, who…

1Opinion of the Court

Black, J. —

A writ of certiorari was sued out of the ■circuit court in this case to test the validity of a resolution of the council of the municipal assembly of St. Louis, removing the relator from the office of police justice. The return to the writ, upon which judgment was given for relator, shows that the council, on the nineteenth of May, 1885, adopted a resolution which recites, in general terms, a current report of political •abuses in various city institutions, and then a committee ■of three is raised to inquire into the management of the affairs of the several departments,” with power…

2Cases cited1 opinion

  1. Ex Parte Duncan N. HennenSupreme Court of the United States · 1839

3Cited by56 opinions

  1. Ekern v. McGovernWisconsin Supreme Court · 1913
  2. State ex rel. Reid v. WalbridgeSupreme Court of Missouri · 1894
  3. Hartigan v. Board of RegentsWest Virginia Supreme Court · 1901
  4. Roth v. State ex rel. KurtzIndiana Supreme Court · 1902
  5. Bannerman v. BoyleCalifornia Supreme Court · 1911

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