Wilcox v. Rodman
Supreme Court of Missouri
Petition for mandamus. I. The act of 1865 constitutes a contract with the person elected public printer on behalf of the State, and can not he repealed or modified in a manner that will infringe the rights of the petitioner without violating that provision of the Federal constitution and also of the State constitution, which prohibits the passage of any law that “impairs the obligation of a contract.53 Although the statute creates the office of public printer and provides…
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Petition for mandamus. I. The act of 1865 constitutes a contract with the person elected public printer on behalf of the State, and can not he repealed or modified in a manner that will infringe the rights of the petitioner without violating that provision of the Federal constitution and also of the State constitution, which prohibits the passage of any law that “impairs the obligation of a contract.53 Although the statute creates the office of public printer and provides for the election of such an officer, yet he is in no sense the agent of the State, as are the political officers through…
1Opinion of the CourtBliss, Judge
The plaintiff was elected public printer under the general act (Gen. Stat. 1865, ch. 20, p. 145) which fixes the prices at which the work shall be performed. The first section provides that “ there is established an office to be called the office of public printer,” and section 30 provides that “this chapter may bo_ amended, modified, and repealed by the Legislature at pleasure.”
On the 28th of March, 1870, the Legislature passed an act in relation to public printing (2 Wagn. Stat. 1127),-sections 29 and 30 of which are as follows : “ Sec. 29. The office of public printer is hereby abolished.”…
2Cases cited1 opinion
- State ex rel. Attorney-General v. DavisSupreme Court of Missouri · 1869
3Cited by5 opinions
- Lane v. KolbSupreme Court of Alabama · 1890
- State Ex Rel. Strait v. BrooksMissouri Court of Appeals · 1927
- State ex rel. Tilley v. FordMissouri Court of Appeals · 1890
- Marden v. PortsmouthSupreme Court of New Hampshire · 1879
- State ex rel. Taylor v. MountIndiana Supreme Court · 1898