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,…
1Concurrence 1
SEPARATE OPINION.
SHERWOOD, J.
1. I concur in the opinion of Judge Marshall as to that unspeakable anomaly in jurisprudence, commonly called the “Murnane Case.” And while I feel gratified that my views in Dorr’s Case, 145 Mo. 466, as to the meaning of certain passages in the Constitution of 1815 are fully supported by the debates of the convention of that year, yet I do not believe that much reliance can be placed on those debates or that they can be safely resorted to in the endeavor to find out what the framers of that instrument meant.
On this point Judge Cooley observes: “Eor as the…
Also in this document: Concurrence · Burgess; Concurrence · Brace.
2Cases cited111 opinions
- Ewing v. HoblitzelleSupreme Court of Missouri · 1884
- State v. JulowSupreme Court of Missouri · 1895
- Dowling v. Lancashire InsuranceWisconsin Supreme Court · 1896
- People ex rel. Wilson v. SalomonIllinois Supreme Court · 1869
- Kansas City v. Marsh Oil Co.Supreme Court of Missouri · 1897
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