The opinion
Concurring Opinion
EAGER, Judge.
I am inclined to feel that §§ 290.350 and 290.360 violate the prohibition of Art. 6, § 22 of the Constitution because their enforcement as to a charter city would result in “creating * * * any [a] municipal office * * rather than in requiring the Mayor to assume additional duties. These statutes, if enforced, would result in the appointment (creation) of an arbitration board of five members with specified functions and duties, although supposedly temporary. While thus functioning the board would nevertheless constitute a “municipal office.” I do not wholly disagree with the conclusion of the principal opinion that these statutes would also confer an additional “duty” on the Mayor, but there may be some doubt as to whether or not the “powers, duties or compensation” specified and protected in the Constitution would include a mere isolated act of appointment such as this. In any event, I agree that these statutes are unconstitutional as applied to a constitutional charter city.