Reports of Cases Determined by the Supreme Court of the State of Missouri (Volume 289) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922. Excerpt: ... I State ex rel. Pollock v. Becker. such construction; but this is only a rule of constructon, and there are exceptions to it as ancient as the rule itself, one of which Is that where the courts of the adoptng state are clearly of the opinion that the construction by the courts of the initial state is erroneous, or that its application would lead to a denial of a substantial right, such foreign construction will not be controlling. Per GRAVES, J.; BLAIR, C. J., and WALKER, J., concurring. 3. EEFERENDUM: Ousting Justice of Peace. A legislative act which removes eight justices of the peace in one city, cuts down the number of justices and constables and provides for the appointment of others by the Governor, is not a bill for the immediate preser-' vation of the public peace, health or safety, nor, as is shown by current history, of which the courts take judicial notice, were they enacted for any such purpose. And it is against all reason that the reference of such acts to the people can be prevented by inserting in them a section declaring that their enactment is necessary for the immediate preservation of the public peace, health 'and safety. fPer GRAVES, J.; BLAIR, C. J., and WALKER, J, concurring. 4.: Exception: Exercise of Police Power: Judicial Question. The clause of the Constitution which does not require a reference of legislative acts necessary for the immediate preservation of the public peace, health or safety is an exception to the otherwise universal reservation by the people of the power of referendum, and includes only those certain, definite and unquestioned phases of the police power which, in their very nature, may be and usually are emergent; and as the courts exercise jurisdiction to determine whether a legislative act is a valid exercise...