# State Ex Rel. Burke v. Cervantes

> Supreme Court of Missouri · February 12, 1968 · 423 S.W.2d 791

URL: https://www.frixlaw.com/law-library/cases/9684403

## Case

- **Full name:** STATE of Missouri Ex Rel. Chris BURKE Et Al., Respondents, v. Alfonso Juan CERVANTES, Mayor of the City of St. Louis, Missouri, Appellant
- **Court:** Supreme Court of Missouri
- **Decided:** February 12, 1968
- **Citations:** 423 S.W.2d 791; 1968 Mo. LEXIS 1070
- **Precedential status:** Published
- **Opinion:** Concurrence by Eager
- **Judges:** Pritchard, Barrett, Stockard, Randall, Eager, Finch, Donnelly
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9684403

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9684403. Public record. Not legal advice.