Legal Opinion · Dissent

Stemmler v. Einstein

Supreme Court of Missouri

Decided January 22, 1957No. 45806Published

1DissentStorckman, Judge

Since I am unable to agree with the conclusion of the majority opinion that it was not intended by the 1945 Constitution that the City of St. Louis be invested with the powers enumerated in § 18, I feel that I should make known the reasons for my dissent.

In approaching the question of whether the City of St. Louis is entitled to include in its charter provisions with respect to county offices and officers, we should keep in mind the well-established rules of construction.

In constitutional construction the instrument must be read as a whole and the court should resolve seemingly conflicting…

2Cases cited9 opinions

  1. Rathjen v. Reorganized School District R-IISupreme Court of Missouri · 1955
  2. State ex rel. Hawes v. MasonSupreme Court of Missouri · 1899
  3. State Ex Inf. McKittrick v. WilliamsSupreme Court of Missouri · 1940
  4. McGrew v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1910
  5. State Ex Rel. Shepley v. GambleSupreme Court of Missouri · 1955

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