Legal Opinion · Dissent

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

Supreme Court of Missouri

Decided June 25, 1894Published

Mandamus. (1) The appropriation in the form in which it was made was a legislative determination that the appropriation was necessary; that there were insane persons in the St. Louis insane asylum who belonged to the state outside of the city of St. Louis, and for whose support it was proper, for the state to provide. The legislature did not appropriate money for the support of the St. Louis insane asylum.

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Mandamus. (1) The appropriation in the form in which it was made was a legislative determination that the appropriation was necessary; that there were insane persons in the St. Louis insane asylum who belonged to the state outside of the city of St. Louis, and for whose support it was proper, for the state to provide. The legislature did not appropriate money for the support of the St. Louis insane asylum. As the appropriation was not for the support of the insane asylum, section 46, article 4, of the constitution has no application. The appropriation vetoed by Governor Phelps purported to be…

1Dissent

Sherwood, J. (dissenting).

— 1. The general grounds of demurrer may be laid out of view because the whole controversy raised by the pleadings centers on the validity of the section in controversy. Is that section constitutional!

In order to determine this question, requires a recital and examination of certain provisions of the organic law pertinent to the point at issue.

Section 43, of article 4, of the constitution provides that: “All revenues collected and moneys received by the state from any source whatsoever shall go into the treasury, and the general assembly shall have no power to divert…

2Cases cited11 opinions

  1. The People v. . Simeon DraperNew York Court of Appeals · 1857
  2. Oregon Railway & Navigation Co. v. Oregonian Railway Co.Supreme Court of the United States · 1889
  3. State ex rel. Harris v. HerrmannSupreme Court of Missouri · 1882
  4. State ex rel. Missouri & Mississippi Railroad v. Macon County CourtSupreme Court of Missouri · 1867
  5. Commonwealth v. ClarkSupreme Court of Pennsylvania · 1844

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