Legal Opinion

State ex inf. Barker v. Crandall

Supreme Court of Missouri

Decided October 21, 1916PublishedCited by 10 opinions

Error to Buchanan Circuit Court. — Hon. Nat M. Shelton, Judge. (1) The title and term of office of the commissioner are provided by Sec. 8770, R. S. 1909. The term is three years. He receives a salary of $500 per annum. If not property in a precise sense it is a right that is protected against “the whimsical sport of chance, caprice or of intermeddlers, or of any form of illegal and unauthorized interference.”

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Error to Buchanan Circuit Court. — Hon. Nat M. Shelton, Judge. (1) The title and term of office of the commissioner are provided by Sec. 8770, R. S. 1909. The term is three years. He receives a salary of $500 per annum. If not property in a precise sense it is a right that is protected against “the whimsical sport of chance, caprice or of intermeddlers, or of any form of illegal and unauthorized interference.” State ex rel. v. Shepherd, 192 Mo. 509. (2) The office is vacated if the incumbent accepts any office of public trust or emolument, or receives, knowingly, a nomination to an elective…

1Opinion of the CourtBond, J.

I. On the - day of August, 1916, the Lieutenant Governor, William R. Painter, being then vested with all the authority of the absent Governor, filed, in the office of the Secretary of State, an order removing U. G. Crandall from the office of Police Commissioner of the City of St. Joseph, setting forth in the order of removal, as his reason, that he was fully satisfied of the “official misconduct” of the deposed commissioner. * Prior to this amotion the Lieutenant Governor telegraphed the commissioner to resign and received no response. Upon the failure of the commissioner to yield his…

2Cases cited7 opinions

  1. State ex rel. Reid v. WalbridgeSupreme Court of Missouri · 1894
  2. Wilcox v. People ex rel. LipeIllinois Supreme Court · 1878
  3. State ex rel. Denison v. City of St. LouisSupreme Court of Missouri · 1886
  4. Attorney General ex rel. Taylor v. BrownWisconsin Supreme Court · 1853
  5. State ex rel. McReavy v. BurkeWashington Supreme Court · 1894

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3Cited by10 opinions

  1. State Ex Inf. Atty. Gen. v. HedrickSupreme Court of Missouri · 1922
  2. State Ex Rel. Nagle v. SullivanMontana Supreme Court · 1935
  3. Owen v. City of IndependenceCourt of Appeals for the Eighth Circuit · 1977
  4. George D. Owen v. The City of Independence, Missouri, Lyle W. Alberg, City Manager, Richard A. King, Mayor, Charles E. Cornell, Dr. Ray Williamson, Dr. Duane Holder, Ray A. Heady, Mitzi A. Overman, and E. Lee Comer, Jr., Members of the Council of the City of Independence, Missouri, George D. Owen v. The City of Independence, Missouri, Lyle W. Alberg, City Manager, Richard A. King, Mayor, Charles E. Cornell, Dr. Ray Williamson, Dr. Duane Holder, Ray A. Heady, Mitzi A. Overman, and E. Lee Comer, Jr., Members of the Council of the City of Independence, MissouriCourt of Appeals for the Eighth Circuit · 1977
  5. Dunbar v. FantSupreme Court of South Carolina · 1933

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