Owen v. Baer
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Son. H. L. Bcarritt, J udge. (1) This law applies to all cities of a class, excludes none, and hence is general. It applies to cities which have special charters, and which contain, or may contain, a certain population. Such cities are recognized by the Constitution, and it is not necessary to cite authorities to show that a law based on population may be general.
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Appeal from Jackson Circuit Court. — Son. H. L. Bcarritt, J udge. (1) This law applies to all cities of a class, excludes none, and hence is general. It applies to cities which have special charters, and which contain, or may contain, a certain population. Such cities are recognized by the Constitution, and it is not necessary to cite authorities to show that a law based on population may be general. (2) It would seem that the act did not become unconstitutional until the city took action under it. Had all the cities of the fourth class voted-on a certain day to build sewers under this act,…
1Opinion of the Court
SEPARATE OPINION.
GANTT, C. J.
In my opinion the discussion of the previous decisions of this court in the Dorr, Scarritt, Mumane and like cases, is .not necessary to the proper disposition of this case.
The Legislature of Missouri, in obedience to the plain constitutional mandate contained in section 7 of 'article 9 of the Constitution of 1875, provided for the organization and classification of cities and towns, and made four classes. Westport, by virtue of those laws became a city of the fourth class, and was such when the act of 1893 was enacted.
The title of the act of 1893 is as follows:…
2Cases cited10 opinions
- Grandy v. CaseySupreme Court of Missouri · 1887
- Ex parte SwannSupreme Court of Missouri · 1888
- McConihe v. State, ex rel. McMurraySupreme Court of Florida · 1879
- State v. WingfieldSupreme Court of Missouri · 1893
- State v. SearcySupreme Court of Missouri · 1892
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3Cited by14 opinions
- Eckerson v. City of Des MoinesSupreme Court of Iowa · 1908
- People ex rel. Johnson v. EarlSupreme Court of Colorado · 1908
- Merchants Exchange v. KnottSupreme Court of Missouri · 1908
- City of Maryville v. CushmanSupreme Court of Missouri · 1952
- State ex rel. Reynolds v. JostSupreme Court of Missouri · 1915
9 more not listed; retrieve them via the Exa API.