City of Carterville v. Gibson
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. D. E. Blair, Judge. (1) The Legislature as well as the city is forbidden by constitutional and statutory enactment from exempting property from taxation.
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Appeal from Jasper Circuit Court. — Hon. D. E. Blair, Judge. (1) The Legislature as well as the city is forbidden by constitutional and statutory enactment from exempting property from taxation. Secs. 6 and 7, art. 10, Constitution; Sec. 9366, R. S. 1909; State v. Railroad, 75 Mo. 208; Urana v. St. Louis, 164 Mo. 146. (2) A city cannot bind itself by an ordinance which is against public policy or abridge its legislative, police, taxing or governmental powers, by surrender or bargaining them away. Kansas City v. Corrigan, 18 Mo. App. 206; Dillon’s Mun. Corp. (4 Ed.), secs. 97, 317, 329, 457;…
1Opinion of the CourtWoodson, P. J.
The appellant is a city of the fourth class, organized and existing under the laws of this State, and the respondent is the agent of the Home Telephone Company, duly organized and incorporated under the laws of the State of----and duly authorized to do business in this State.
As I gather from the records she was the agent of the company in the city of Carterville, but not in the State at large.
The Telephone Company, through respondent, claims to have an occupation license from appellant, to construct and maintain its lines and conduct its business in said city. The consideration for the…
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