Reports of Cases Determined in the Supreme Court of the State of Missouri (Volume 123) (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. 1895. Excerpt: ... The State ex rel. v. Johnson. The State ex rel. Kane V. Johnson, Comptroller. I183 43 1123 Ml Division Two, June 12,1894. iat 133 164 1. City Officers: Term: Salary: Constitution. A eity officer i4i Sht appointed by the council and subject to removal by it at pleasure is Z 43 not an officer within the meaning of the constitution, article 14, section 1' 8, prohibiting the increase of the salary of an officer during his term 9It Ui1 of office. 12S" 48 95a 666 Ordinance: Charter. An ordinance providing that the appointment of a city officer shall continue until removal for ly -37tlj cause, is of no effect, where the city charter authorizes the appoint-177 -t)4 ment by the council during its pleasure. 3.::: . An ordinance providing that such appointment shall be made by the mayor and council is repugnant to a provision of the charter that it shall be made by the common council. 4. Constitution: Officer: Term. The constitutional provision (art. 9, sec. 14), that, except as otherwise provided in the constitution itself, no term of office shall exceed four years, does not apply to an office the term of which continues during the pleasure of the appointing power. 5. City Officer: Injunction: Res Non Judicata. A city officer is not concluded by a judgment, in a suit by a taxpayer to enjoin the payment of the officer's salary, to which he was not a party, though he employed counsel to defend such suit. Mandamus. Peremptory Writ Awarded. Willard P. Hall and Vinton Pike for relator. (1) The position taken by the respondent is that the increase in the relator's salary made by the ordinance of 1893 isvoid because it is prohibited by section 8 of article 14 of the constitution of this state. That secThe State ex rel. v. Johnson. tion reads as follows: "The co...