Legal Opinion

City of St. Louis v. Baskowitz

Supreme Court of Missouri

Decided March 4, 1918PublishedCited by 36 opinions

Appeal from St. Louis Court of Criminal Correction.— Eon. Victor E. Falkenhainer, Judge. (1) Where the provisions of an ordinance are so interwoven and connected as to he interdependent, each part having a general influence over the rest, and a particular provision thereof is void, the entire ordinance will he so declared. Kirkwood v. Highlands Co., 94 Mo. App. 637; Hannibal v. Tel. Co., 31 Mo.

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Appeal from St. Louis Court of Criminal Correction.— Eon. Victor E. Falkenhainer, Judge. (1) Where the provisions of an ordinance are so interwoven and connected as to he interdependent, each part having a general influence over the rest, and a particular provision thereof is void, the entire ordinance will he so declared. Kirkwood v. Highlands Co., 94 Mo. App. 637; Hannibal v. Tel. Co., 31 Mo. App. 23; State ex rel. v. Clifford, 228 Mo. 208; Chicago v. Gunning System, 114 111. App. 377. (2') A city possesses no inherent power to license or to regulate any occupation, or to require the…

1Opinion of the CourtWoodson, J.

The defendant was arrested and prosecuted by the city of St. Louis for the violation of section 1605 of Ordinance No. 24751 of said city, providing for the licensing, regulation and control of junk dealers in said city. From a judgment of conviction in the St. Louis Court of Criminal Correction the defendant duly appealed the cause to this court.

The section of the ordinance mentioned insofar as . is hei’e material reads:

“Any person or persons engaging in the business of buying, selling or dealing in old junk, metals, *549bottles, syphons, books or other articles usually found in junk shops, and…

2Cases cited41 opinions

  1. Thomas v. Railroad Co.Supreme Court of the United States · 1880
  2. City of St. Louis v. WeitzelSupreme Court of Missouri · 1895
  3. State ex rel. Wyatt v. AshbrookSupreme Court of Missouri · 1900
  4. City of St. Louis v. LaughlinSupreme Court of Missouri · 1872
  5. City of Grand Rapids v. BraudyMichigan Supreme Court · 1895

36 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. Shapiro v. United StatesSupreme Court of the United States · 1948
  2. Dysart v. City of St. LouisSupreme Court of Missouri · 1928
  3. Ex Parte WilliamsSupreme Court of Missouri · 1940
  4. Viquesney v. City of KansasSupreme Court of Missouri · 1924
  5. Ex Parte Siemens v. ShreeveSupreme Court of Missouri · 1927

31 more not listed; retrieve them via the Exa API.

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