State ex inf. Barker v. Merchants' Exchange
Supreme Court of Missouri
Quo Warranto. (1) Every act of the Legislature, duly passed, is presumed to be valid and constitutional. The burden *s upon him who attacks its constitutionality to clearly show that it is violative of some constitutional provision.
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Quo Warranto. (1) Every act of the Legislature, duly passed, is presumed to be valid and constitutional. The burden *s upon him who attacks its constitutionality to clearly show that it is violative of some constitutional provision. Ex parte Loving, 178 Mo. 203; State v. Cantwell, 179 Mo. 280; State v. Aloe, 152 Mo. 477; Pike v. Thompson, 144 Mo. 322; State ex rel. v. Pike Co., 144 Mo. 280; Railroad v. Andrews, 174 U. S. 96; Atkins v. Kansas, 191 U. S. 223. (2) When there is doubt as to the constitutionality of an act, it will be resolved in favor of the validity of the act. If reasonable…
1Opinion of the CourtGraves, C. J.
This is an original proceeding in quo warranto, at the instance of the Attorney-General. The information, after formal allegations as to the incorporation of respondent, and as to certain laws of this State with reference to public inspectors and weighers of grain at all public elevators in cities having 75,000 inhabitants, charges:
*354“Relator further informs the court that said respondent, the Merchants Exchange of Stl Louis, has been for a great many years and is now guilty of improper uses and has unlawfully, illegally and wilfully misused and abused its corporate franchise, rights and…
2Cases cited4 opinions
- SHERLOCK v. Alling, AdmInistratorSupreme Court of the United States · 1876
- Turner v. MarylandSupreme Court of the United States · 1883
- Pittsburg & Southern Coal Co. v. LouisianaSupreme Court of the United States · 1895
- City of St. Charles v. ElsnerSupreme Court of Missouri · 1900
3Cited by10 opinions
- State Upon the Information of Shartel v. Missouri Utilities Co.Supreme Court of Missouri · 1932
- Bellerive Investment Co. v. Kansas CitySupreme Court of Missouri · 1929
- Kansas City v. LiebiSupreme Court of Missouri · 1923
- State Ex Inf. McKittrick v. Carolene ProductsSupreme Court of Missouri · 1940
- Ex Parte LernerSupreme Court of Missouri · 1920
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