Opinion

State Ex Rel. Burke v. Cervantes

  • 423 S.W.2d 791
  • 1968 Mo. LEXIS 1070
Court
Supreme Court of Missouri
Filed
Feb 12, 1968
Status
Published
Author
Eager
On the bench
Pritchard, Barrett, Stockard, Randall, Eager, Finch, Donnelly
Cited by
8 cases

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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