City of St. Louis v. Withaus
Supreme Court of Missouri
Appeal frovi St. Louis Court of Appeals. The objects for which the special session was convened, as stated by the mayor in his message, were the consideration of the appropriation bill, and the dram-shop and meat shop bills, and such other measures as the mayor should be satisfied the public interest required a hearing to be given to.
Read the full summary
Appeal frovi St. Louis Court of Appeals. The objects for which the special session was convened, as stated by the mayor in his message, were the consideration of the appropriation bill, and the dram-shop and meat shop bills, and such other measures as the mayor should be satisfied the public interest required a hearing to be given to. Ordinance 12,509 came within the last mentioned specification, and it was duly submitted by the acting mayor, and objection to its passage at the special session cannot be upheld. The purpose of the charter provision, section 18, article 4, (2 R. S., p. 1592),…
1Opinion of the Court
Sherwood, J. —
The defendant was prosecuted and fined in the police court for violating section one of ordinance 12,509, and appealed to the court of criminal correction, where, on a trial anew, he was found not guilty. The city then appealed, and the judgment was affirmed in the St. Louis court of appeals. 16 Mo. App. 247.
This case brings in question the validity of the ordinance mentioned. It was passed at a special session of the municipal assembly of the city of St. Louis. Section 18 of article 4 of the city charter (2 R. S., 1592), in reference to such sessions provides: “The mayor may,…
2Cases cited1 opinion
- City of St. Louis v. WithausMissouri Court of Appeals · 1884
3Cited by3 opinions
- In re Governor's ProclamationSupreme Court of Colorado · 1894
- Wells v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Allen v. United StatesUnited States Court of Claims · 1908