Morrow v. Kansas City
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — How. W. B. Teasdale, Judge. (1) The power to make or grant a charter for a municipal corporation is a legislative power. Owen v. Baer, 154 Mo. 512; Sanders v. Railroad, 147 Mo. 426; State ex rel. v. Railroad, 151 Mo. 188; Cooley, Const. Lim. (7 Ed.), pp. 131, 261-2. (2) Prior to the adoption of the Constitution of 1875, this power was vested solely in the General Assembly of the State.
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Appeal from Jackson Circuit Court. — How. W. B. Teasdale, Judge. (1) The power to make or grant a charter for a municipal corporation is a legislative power. Owen v. Baer, 154 Mo. 512; Sanders v. Railroad, 147 Mo. 426; State ex rel. v. Railroad, 151 Mo. 188; Cooley, Const. Lim. (7 Ed.), pp. 131, 261-2. (2) Prior to the adoption of the Constitution of 1875, this power was vested solely in the General Assembly of the State. It was not expressed in terms in the Constitutions of 1820' and 1865, but resulted from the fact that, being legislative in its nature, it belonged to the legislative branch…
1Opinion of the CourtGantt, J.
— This is an appeal from the circuit court of Jackson county, perpetually enjoining Kansas City, and the auditor, comptroller and treasurer of said city, from auditing and paying over to the election commissioners of said city the sum of two thousand dollars of the moneys belonging to and in the treasury of said city, in pursuance of an ordinance of said city numbered 26800, adopted and approved September 23,1904, *680entitled, ‘ ‘ An ordinance providing for a special election to elect a board of thirteen freeholders to draft a charter as provided by the Constitution of Missouri,” for the purpose…
2Cases cited13 opinions
- Newton v. CommissionersSupreme Court of the United States · 1880
- Kansas City v. Marsh Oil Co.Supreme Court of Missouri · 1897
- Farrar v. City of St. LouisSupreme Court of Missouri · 1883
- State ex rel. Kansas City v. FieldSupreme Court of Missouri · 1889
- McCormack v. PatchinSupreme Court of Missouri · 1873
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Kansas City v. J. I. Case Threshing MacHine Co.Supreme Court of Missouri · 1935
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Lackey v. State Ex Rel. GrantSupreme Court of Oklahoma · 1911
- State v. KempSupreme Court of Missouri · 1955
- Ex Parte Siemens v. ShreeveSupreme Court of Missouri · 1927
15 more not listed; retrieve them via the Exa API.